P&Z ponders effects of HB 2439
The Navasota Planning and Zoning Commission met in regular session Thursday, June 27, and received an update on House Bill 2439 followed by a workshop to consider rezoning Agriculture/ Open Space Districts (A/O) in the South Growth Corridor.
Community Relations Specialist Kris Gruver and the P&Z commissioners discussed the impact of HB 2439 signed into law by Governor Gregg Abbott that will become effective Sept. 1.
Gruver said, “House Bill 2439 severely limits our ability to require any sort of building materials in any of our zoning districts. In B-1 it’s a big thing that we require masonry. Basically, we like a certain look here and that’s going to become severely limited come Sept. 1.”
The bill states “…a governmental entity may not adopt, or enforce a rule, charter provision, ordinance, order or building code, or other regulation that prohibits or limits, directly or indirectly, the use or installation of a building product or material in the construction, renovation or maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that apply to construction, renovation, maintenance, or other alteration of the building.”
Gruver continued, “The national model code is basically all of your ICC codes (International Code Council), your National Building Code, your plumbing code, all of that. We actually have provisions in other parts of our ordinance we’re going to have to roll back. We don’t allow certain types of wiring or plumbing so we may have a little work in front of us.”
Gruver said that following State Rep. Ben Leman’s attendance at the June 24 city council meeting where he responded to questions about HB 2439, Leman and his staff, will meet with City Manager Brad Stafford, city legal counsel and possibly city staff.
City council liaison Bernie Gessner said, “The exceptions to this are historical districts so the ordinance that required masonry downtown is still legitimate. The overlay does not cut into this. It is legitimate for housing associations to have these restrictions. It is legitimate to have deed restrictions on things, but these are private enterprises that do that. But the city cannot, in general even in one area, say you can have certain types of things.”
Gessner speculated there would be court challenges and said the Texas Municipal League is looking into it and will take the lead. The City of Navasota opposed the legislation through a city council resolution passed June 10 requesting the governor veto the bill.
Zoning SXSW
Continuing the effort to streamline the development process for future development within the city and its extraterritorial jurisdiction (ETJ), commissioners reviewed 16 properties in the Industrial Park area. Two properties being considered for B-1, General Business are located south of FM 379 between S. Business 6 and CR 419 with an additional two on the southwest side of CR 419.
M-1, Light Industrial District is being considered for three additional properties west of the Industrial Park.
The remaining 9 properties to the south were tabled for a later workshop.
Before adjourning, commissioners approved the Minutes of the June 13 meeting.
Commissioners present were Dia Copeland, James Harris, Carolyn Katkoski, Chairman Randy Peters, Patty Tokoly and Dr. John Walla. Sarah Korpita was absent.
Representing the City of Navasota were Community Relations Specialist Kris Gruver, Economic Development Specialist Jonathan Soseby and city council liaison Bernie Gessner.