File #: 19-0007M2    Name: Chapter 146 Amendments - House Bill 2439
Type: Ordinance Status: Approved
In control: City Council Regular Meeting
On agenda: 8/20/2019 Final action: 8/20/2019
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, and Accompanying Ordinance
Attachments: 1. PZ Minutes DRAFT, 2. HB 2439, 3. Chap. 146 Redlines HB 2439, 4. Proposed Ordinance, 5. Proposed Exhibit A
Related files: 19-0007M
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, and Accompanying Ordinance

Summary

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

MEETING DATE: August 20, 2019

DEPARTMENT: Planning

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


RECOMMENDED CITY COUNCIL ACTION: 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 to clarify where they regulations 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, 2019 and take effect on September 1, 2019, including:

* HB No. 2436 which limits governmental entities from adopting or enforcing ...

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