Ordinance No. 2021-8-2: To amend Section 16-103 (Definitions), Section 16-105 (Heritage Commission – Powers and Duties), and Section 16-111 (Designation of Heritage Resources – Procedure) of Ordinance No. 2019-8-5, codified as Article VI, Heritage Resource Preservation, of Chapter 16, Planning and Development, of the Code of Ordinances; providing a penalty clause, a repealer clause, a severability clause, a savings clause, a publication clause, and an effective date. Adopted

In May 2021, the 87th Texas Legislature approved Senate Bill (SB) 1585, which amends Section 211.0165 of the Texas Local Government Code – Designation of Historic Landmark or District.  A similar state law was approved in 2019 that, among other requirements, limited the ability of municipalities to designate local historic landmarks without consent of the property owner.  SB 1585 extends the same requirements from the 2019 law to the designation of local historic districts, including a requirement that designation include either written consent of the property owner or be approved by a three-fourths vote of the city's governing body and a three-fourths vote of the city's planning, zoning, or historical commission. 

SB 1585 also stipulates that municipalities must specify the commission for which the three-fourths vote applies. The City of Plano has two commissions with recommendation authority in regards to heritage resource designations: the Heritage Commission and the Planning & Zoning Commission.  The proposed amendments to the Heritage Preservation Ordinance will apply the three-fourths vote requirement to the Heritage Commission.  As a type of zoning overlay, designation of heritage landmarks and heritage districts will continue to require a recommendation from the Planning & Zoning Commission following the standard zoning procedures in the Zoning Ordinance. 

SB 1585 was signed into law by the Governor of Texas on June 6, 2021 and will take effect on September 1, 2021.  To bring the City of Plano’s regulations into compliance with the new law before it takes effect, the Heritage Commission and Planning & Zoning Commission have reviewed and recommended approval of various updates to the Heritage Preservation Ordinance and the Zoning Ordinance.  These updates will apply the new requirements of SB 1585 and further clarify the distinction between the city’s Heritage Resource Overlay Districts and Neighborhood Conservation Overlay Districts.  The purpose of this agenda item is to adopt the necessary changes in the Heritage Preservation Ordinance.  The Heritage Commission recommends approval of the changes (6-0).  A related update to the Zoning Ordinance will be considered as part of ZC2021-013 in the Items for Individual Consideration portion of this agenda.

This item may impact revenue from any violation of the ordinance; however, the exact change in revenue is indeterminable and will have minimal impact on the General Fund budget.

Approval of this item will support the City's Strategic Plan Critical Success Factor of Residential and Commercial Economic Vitality.