File #: 19-0007M    Name: Amend Chapter 146 Zoning Ordinance (HB 2439)
Type: Agenda Item Status: Approved
In control: Planning & Zoning Commission
On agenda: 8/13/2019 Final action: 8/13/2019
Title: Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Amend Certain Provisions of Chapter 146 (Zoning Regulations) of the Code of Ordinances that Regulate the Building Products, Materials, or Methods Used in the Construction or Renovation of Residential or Commercial Buildings to Bring Such Provisions into Conformity with New State Laws Adopted by and through House Bill 2439
Attachments: 1. Chap. 146 Amendments - Redlines, 2. Chap. 146 Amendments - Clean, 3. HB 2439
Related files: 19-0007M2
Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Amend Certain Provisions of Chapter 146 (Zoning Regulations) of the Code of Ordinances that Regulate the Building Products, Materials, or Methods Used in the Construction or Renovation of Residential or Commercial Buildings to Bring Such Provisions into Conformity with New State Laws Adopted by and through House Bill 2439

Summary

COUNCIL GOAL: Operational Excellence
(2C: Identify opportunities for internal efficiencies and continuous improvement to effect a high performing organizational culture)

MEETING DATE: August 13, 2019

DEPARTMENT: Planning

CONTACT: Kaitlin Gibbon, Planner I
Samantha Pickett, AICP, Planning Manager
Jennifer Arnold, AICP, Director of Planning

APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for consideration at the August 20, 2019 meeting.

STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments.

ITEM SUMMARY: Given the recent changes to state law that will take effect on September 1, 2019, Staff has proposed several modifications to the Zoning Ordinance to ensure compliance. More specifically, these changes are in reference to House Bill 2439, which limits the ability a City has to enforce architectural requirements.

In order to align the Zoning Ordinance with the new state law regulations (Chap. 3000 of the Texas Local Government Code), Staff has modified sections of the Ordinance related to applicability and enforcement of architectural requirements. More specifically, sections that are no longer enforceable have been removed, while additional language has been added where regulations to clarify where they can be enforced (i.e., within areas of historical, cultural or architectural significance).

BACKGROUND INFORMATION: Following the closing of the 86th Legislature, several changes to Texas Local Government Code (TLGC) were adopted on June 16, ...

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