The City of Keene Planning and Zoning Commission voted to recommend revising Planned Development Ordinance 2023‑665 for the Sunset Ridge development to replace an '80% masonry' mandate with language permitting certain exterior materials, including Hardie/Hardy fiber‑cement siding.

The change follows staff and the city attorney’s guidance that state law limits a municipality’s ability to mandate particular building materials. Speaker 2 read the attorney’s recommendation that "the exterior construction requirements should simply state what materials the new builder wants to use" to avoid conflict with the statute cited in the meeting.

Commission discussion recapped recent development activity in Sunset Ridge and related PD language. Speaker 3 described the practical issue: a previous builder withdrew and a prospective new builder asked whether Hardie‑type siding would be acceptable. Speaker 3 noted the PD mandates 80% masonry but "there is no definition of masonry in the PD ordinance," and the city ordinance historically excluded fiber‑reinforced cementitious boards.

When legal context was raised, Speaker 1 referenced the 2019 legislative changes and the hearing record cites the Texas Government Code provision identified in the meeting as section 3000.002, which commissioners said preempts local mandates that conflict with the International Building Code. Speaker 2 summarized the attorney’s view that revising the PD language would align local rules with state law and allow the city to list permitted materials rather than require a specific masonry percentage.

A motion to amend Ordinance 2023‑665 — described in the meeting as modifying section 1.1 (also referenced in discussion as section 1.10) to read as exterior construction requirements and to include Hardy/Hardie siding — was moved by Gilbert Perez and seconded by Chris Rhodes. Speaker 1 called for hands and stated "there's no opposition, so the motion passes." The commission did not record individual roll‑call votes in the audible record.

Votes at a glance: the commission recommended the ordinance revision (motion moved by Gilbert Perez; seconded by Chris Rhodes; outcome: approved as stated by the presiding official).