CC MEETING: December 6, 2022
DATE: November 16, 2022
TO: Erin Rinehart, City Manager
FROM: Loren Shapiro, AICP, Planning Manager
Marc Guy, Assistant City Manager
Title
Hold A Public Hearing And Consider An Ordinance Amending The Text Of Article XXXI “Changes And Amendments” Of The Comprehensive Zoning Ordinance To Amend Section B “Hearing Before The Planning And Zoning Commission” And Section C “Hearing Before City Council” Related To Public Notice For Zoning Ordinance Text Amendments. Case No. PLZT 2022-165 CZO Text Amendment For Public Hearing Notice For CZO Text Changes/City Of Carrollton.
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BACKGROUND:
This is a City-initiated request to amend the City’s Zoning Ordinance to reaffirm historic public notice requirements and practices regarding legal advertisement for zoning ordinance text amendments and to ensure compliance with State law and a recent court decision.
On March 17, 2022, the Texas Court of Appeals’ decision involving City of Austin v. Acuna impacted the type of public notice that needs to be provided for zoning ordinance text amendments. The Court ruled that the statutory requirements for notice of zoning changes are limited to changes affecting specific properties or areas, but also apply to changes to the text of the zoning ordinance. However, the Court noted that a city has the option of adopting a different notice procedure by a two-thirds affirmative vote of its city council.
Staff recommends amending Article XXXI “Changes and Amendments” of Carrollton’s Zoning Ordinance to reaffirm the City’s practices and ensure that they are consistent with the Court’s ruling.
STAFF RECOMMENDATION/ACTION DESIRED:
On November 3, 2022, the Planning and Zoning Commission recommended APPROVAL of the proposed amendments.
The attached ordinance reflects the action of the Commission. Staff recommends approval and adoption of the ordinance.