From
Chris Hartmann
Title
Development-related state legislation.
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
None
Analysis
The 86th session of the Texas Legislature was defined by several bills which have direct implications to cities. Two such bills are intented to limit the time cities have to review development applications, and limit the restrictions or requirements cities can impose related to building materials. Both bills, HB 3167 and HB 2439, go into effect on September 1st, providing very little time for cities to analyze and respond to their impacts. This summary session is intended to familiarize the Committee with the key features of these bills and how they will impact city processes related to development.
HB 3167
Requires "municipal authority responsible for approving plats" (the Planning Commission) to approve, approve with conditions, or disapprove a plan or plat within 30 days of filing. If the governing body (City Council) is also required to approve the plan or plat, they must do so within 30 days of Planning Commission action.
If a plan or plat is approved with conditions or disapproved, each condition or reason for disapproval must be provided in writing to the applicant. No deadline can be imposed for resubmittal, and the approving authority must approve or disapprove the resubmittal no later than the 15th day after the resubmittal is given to the approval authority. If the approval authority does not approve or disapprove within 15 days, the resubmittal is considered approved.
Impacts:
There are several potential impacts to existing city processes. Like most cities, Grand Prairie reviews plans and plats at the staff level through its Development Review Committee prior to submitting the application to Planning and Zoning Commission and City Council for final approval. P&Z and Council rely heavily on staff's assessment and base their decisions regarding plans and plats on the assurance that they have been thoroughly reviewed by staff. Typically, the DRC process consists of a minimum of two meetings over a roughly 4 week period (see attached calendar). By imposing a 30 day deadline for Planning and Zoning Commission action, HB 3167 inhibits the ability of DRC to thoroughly review site plans and plats prior to their being sent to P&Z and Council.
The 15 day deadline on review of resubmittals has even greater potential impacts. Since no deadline can be imposed for an applicant to resubmit an application after it has been conditionally approved or denied, any applicant could resubmit more than 15 days out from a Planning and Zoning Commission meeting date and be automatically approved before the meeting occurs.
City staff is currently working on proposals to comply with HB 3167, including amendments to city processes.
HB 2439
This bill acheived a higher profile prior to passage than HB 3167, as it restricts the ability of cities to require or restrict building materials and "aesthetic methods" if the material or method is approved in a national model code. Like many Texas cities, Grand Prairie requires the use of certain materials on the facades of all new residential and commercial construction, and also remodels and expansions under certain circumstances. In the corridor overlay zones, there are further material and aesthetic requirements that this ordinance impedes. Within the past 18 months, the city has updated or adopted comprehesive standards for the corridor overlays, residential development, and industrial development, all of which are threatened by this new legislation.
Impacts:
Although the bill makes it impossible to directly require or prohibit certain materials, staff believes that the city can acheive compliance with the law and also maintain a semblace of current standards through by amending ordinances to encourage or discourage the use of certain materials rather than requiring or prohibiting their use, and perhaps provide credit towards certain requirements such as landscaping or parking when enhanced materials are provided. Within existing overlays and for industrial and apartment development, the city may also be able to incentivize the application of current standards through by adapting the current menu-based approach to development requirements. Under this scenario, a developer must pick from a list of items including enhanced architecture or materials, along with landscaping, building orientation, and parking.
Financial Consideration
None