HomeMy WebLinkAboutOrdinance - 2019-O0137 - Amending Chapter 28 - Preliminary Plats And Final Plats - 09/24/2019 First Reading Second Reading
September 10, 2019 September 24,2019
Item No. 7.17 Item No. 7.4
ORDINANCE NO. 2019-oo m
AN ORDINANCE AMENDING CHAPTER 38,"SUBDIVISIONS",ARTICLES 38.03 AND
38.04"PRELIMINARY PLATS AND FINAL PLATS"OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS IN ORDER TO DEFINE WHEN A PLAT IS
DEEMED AS FILED; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS,during the 8611'Regular Legislative Session of the Texas Legislature,the Texas Local
Government Code Chapter 212 "Municipal Regulation of Subdivisions and Property
Development"had significant changes with regards to platting procedures; and
WHEREAS,one of those said changes is that the Texas Local Government Code Sec. 212.009(a)
as amended, requires "the municipal authority responsible for approving plats shall approve,
approve with conditions,or disapprove a plan or plat within 30 days after the date the plan or plate
is filed." Further, if not approved within the 30 days,the plan or plat will be considered approved.
WHEREAS, due to this change. and the vesting rights that accrue under the Texas Local
Government Code Ch.245,there is a need to clarify for all applicants what action(s)constitute the
filing of a plat application that will trigger the 30 day timeframe for approval by the Planning and
Zoning Commission of the City of Lubbock.
WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of
Lubbock to make the necessary change regarding administration of plats;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances,City of Lubbock,Texas,is hereby amended
by adding a section, to be numbered 38.03.001 (b-1), which said section reads as follows:
(b-1) Preliminary plats shall be deemed filed when the planning department completes
its review process and the plat is placed on the planning and zoning commission agenda.
SECTION 2. THAT the Code of Ordinances,City of Lubbock,Texas,is hereby amended
by adding a section,to be numbered 38.04.001(d-1). which said section reads as follows:
(d-1) Fi al plats shall be deemed filed when the planning department completes its
review process and the plat is placed on the planning and zoning commission agenda.
SECTION 3. THAT, violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars($2,000.00)as
provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock.
SECTION 4. THAT should any paragraph, section, sentence, phrase, clause or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary of the City of Lubbock is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance as an alternative method
provided by law.
SECTION 6. THAT this Ordinance shall become effective, except as may otherwise be
provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on September 10 , 2019.
Passed by the City Council on second reading on September 24 , 2019.
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DANIEL M. POPE, MAYOR
ATTEST:
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Reb ca Garza, City Sec etai•y
APPROVED AS TO CONTENT:
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Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
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Kelli Lei -Assistant ttorney
OrdAmend.Platting
08.23.19