Council moves to remove 90‑day public‑hearing ‘shot clock’ from zoning procedures

3843025 · June 16, 2025

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Summary

Council directed staff to remove the town code provision that allowed the Planning & Zoning Commission to delay a recommendation for up to 90 calendar days after a public hearing was opened; the town attorney and staff said the provision created ambiguity and exceeded state statutory procedures.

Town staff and the council discussed deleting a town ordinance provision that permitted the Planning & Zoning Commission to defer a recommendation for “not more than 90 calendar days” after a public hearing on zoning matters. Council directed staff to remove the section and bring a text amendment forward.

Council member Bridal described instances where the language created ambiguity: the ordinance text could be read to require a recommendation within 90 days of opening a public hearing or to allow indefinite deferrals because of the clause “or until it has had an opportunity to consider other information.” The town attorney recommended removing the local 90‑day provision because state statute already governs public‑hearing procedures (staff cited standard statutory notice and hearing rules under the Texas local planning law) and local deviations can elevate legal risk and complicate staff and commission processes.

Council members supported removing the provision to avoid setting a local procedural requirement that differs from state practice and to preserve full opportunity for public input and deliberation. Staff will return a zoning‑code text amendment for the council’s approval.