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Home My WebLink AboutOrdinance - 2024-O0108 - Amending Articles 39.04 And 39.07 Of The Code Of Ordinances - 08/27/2024First Reading August 13, 2024 Item No. 6.6 ORDINANCE NO. 2024-0010 8 Second Reading August 27, 2024 Item No. 6.11 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE (ORDINANCE NO. 2023-00054), AMENDING SECTIONS 39.04.012.f, 39.04.013.g, AND 39.07.020.d.3.D, AND ADDING SECTION 39.07.046 REGARDING BUILDING PERMIT ISSUANCE IN CONJUNCTION WITH PROPERTY DEVELOPMENT AND TO ALLOW PARALLEL CONSTRUCTION OF CERTAIN IMPROVEMENTS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, since the adoption of the Unified Development Code ("UDC") of the City of Lubbock, Ordinance No. 2023-00054, city staff has been receiving feedback from the community regarding various changes that were adopted as part of the UDC and the effect some of the changes have in practice as new development under the UDC is taking place; and WHEREAS, city staff finds that for certain commercial construction projects, there should be an option to obtain a building permit at the same time infrastructure improvements to support the development are being constructed; and WHEREAS, the City Council of the City of Lubbock fnds it in best interest of the citizens of Lubbock to adopt the following amendments to the UDC herein to allow for parallel construction of certain improvements; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THA'1' Section 39.04.012.f of the UDC, City of Lubbock, Texas is hereby amended as follows: f. Building Permit. A building permit shall not be issued on a platted lot or tract, until such time as the City Engineer issues notification described in Section 39.07.020.d, Platting, or a Waiver, Delay, or Parallel Construction has been authorized by the City Engineer in accordance with Section 39.07.044, Waiver of Improvements, Section 39.07.045, Delay of Improvements, or Section 39.07.046, Parallel Construction Alternative. SECTION 2. THAT Section 39.04.013.g of the UDC, City of Lubbock, Texas is hereby amended as follows: g. Building Permit. A Building Permit shall not bc issued on a platted lot or tract, until such time as the City Engineer issues notification described in Section 39.07.020.d, Platting, or a Waiver, Delay, or Parallel Construction has been authorized by the City Engineer in accordance with Section 39.07.044, Waiver of Improveinents, Section 39.07.045, Delay of Improvements., or Section 39.07.046, Parallel Construction Alternative SECTION 3. THA1' Section 39.07.020.d.3.D of the UDC, City of Lubbock, Texas is hereby amended as follows: D. Unless an exception to platting is authorized by Section 39.04.002, Applicability, or unless relief is granted in accordance with Section 39.07.044, Waiver of Improvements, or Section 39.07.045, Delay of Improvements, or Section 39.07.046, Parallel Construction Alternative, the Building Official shall not issue a Building Permit, as required by the City's Building Code, for any principal structure unless: 1. The subject property is part of a plat recorded with the Lubbock County Clerk; 2. The required impact fee has been paid; and 3. A notification from the City Engineer has been issued stating: a. Water and wastewater Water and Wastewater infrastructure have been accepted by City for maintenance and the subdivider has submitted accurate as-built drawings of such infrastructure; or ii. A valid letter of credit or bond is on file for the required water and sewer infrastructure if a request for a Parallel Construction Alternative has been granted in accordance with Section 39.07.046, Parallel Construction Alternative; and b. Curb and gutter Curb and gutter have been constructed and completed according to the City's Engineering Minimum Design Standards and Specifcations; or ii. A valid letter of credit or bond is on file for the required paving and drainage infrastructure if a request for a Parallel Construction Alternative has been granted in accordance with Section 39.07.046, Parallel Construction Alternative; and c. An all-weather road has been constructed that meets the City's Fire Code; and d. The applicant has provided a letter of credit to the City Engineer in an amount adequate to complete the required paving work, should the applicant fail to do so. SECTION 4. THAT the UDC, City of Lubbock, Texas is hereby amended by adding a section that shall read as follows: Section 39.07.046 Parallel Construction Alternative Page 2 of 5 a. Generally. In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Cominon Review Procedures, the following shall apply to the Parallel Construction Alternative. b. Purpose. Parallel construction of water, wastewater, or paving may be requested, subject to the requirements of this Section. The purpose of a Parallel Construction Alteniative is to allow more efficient construction of infrastructure installation required in Sections 39.04.005, Street Network and Design, 39.04.012, Public Water Systems, and 39.04.013, Public Wastewater Systems, specifically as such Sections relate to extending new or improving existing water or wastewater lines or streets. A Parallel Construction Alternative request may only be considered concurrently with a Preliminary Plat, or Final Plat, or Replat. The subdivider shall include as part of the Plat application the reason(s) they should be eligible for the Alternative in accordance with this Section. Failure to submit such information shall render the Plat application incomplete. c. Eligibility. A subdivider may only request the Parallel Construction Alternative for: 1. A Plat application that was filed on or after October 1, 2023; 2. Plats that contain only commercial tracts, and only contain four commercial tracts or less; and 3. Granting of the Parallel Construction Alternative would not otherwise negatively impact the design of the subdivision or the ability to subdivide adjacent sites in the future. d. Bond-in-Lieu of Required Improvements. 1. Installation Guarantee. If the subdivider receives approval of the Parallel Construction Alternative request, l�e or she shall provide an installation guarantee in the form of a letter of credit or bond for the amount of the improvement(s) and in a form approved by the City Attorney. The letter of credit or bond must be received and accepted by the City prior to issuance of Building Permit. 2. Calling the Installation Guarantee. If the subdivider does not install, or the City does not accept, the infrastructure that is the subject of the Parallel Construction Alternative within two years after approval of the Final Plat recording date, then the City Engineer may request the installation guarantee from the guarantor so that the improvements may be paid for and installed. An extension may be granted at the discretion of the City Engineer. e. Specific Decision Criteria. In determining whether to approve or deny a request for the Parallel Construction Alternative, the applicable review bodies shall consider the applicable common dccision criteria in Section 39.07.006, Common Decision Criteria, and the following: Page 3 of 5 1. Eligibility. The subject property is eligible for a Parallel Construction Alternative based on the provisions in Subsection c., Eligibility, above; and 2. Negative Impact. Granting of the Parallel Construction Alternative would not otherwise negatively impact the design of the subdivision or the ability to subdivide adjacent sites in the future. f. Affirmative Findings. In order to approve a request for the Parallel Construction Alternative, the City Engineer shall make affirmative findings on all of the applicable decision criteria. g. Building Permit. If a request for the Parallel Construction Alternative is granted, a building pennit may be issued prior to the infrastructure being accepted by the City. If at any time the subdivider abandons work on infrastructure required in Sections 39.04.005, Street Network and Design, 39.04.012, Public Water Systems, and 39.04.013, Public Wastewater Systems, requests for Building Permit Inspections will be denied until the subdivider resumes work on infrastructure. Under no circumstances shall a Temporary or Final Certificate of Occupancy be granted until such time as all infrastructure required in Sections 39.04.005, Street Network and Design, 39.04.012, Public Water Systems, and 39.04.013, Public Wastewater Systems has been accepted by the City. h. Appeal. Any party aggrieved by or alleging error in the final decision of a Parallel Construction Alternative request may appeal to the Planning and Zoning Commission. SECTION 5. THAT a violation of any provision of this Ordinance shall be deemed a misdemeanor punishable in accordance with state law and Section 1.01.004 of the Code of Ordinances of the City of Lubbock. SECTION 6. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first rcading on Au�ust 13, 2024 Passed by the City Councit on second readin on u ust 27 2024 � MAItK W. MCBRAYER, MAYOR Page 4 of 5 A TEST: (. ney Paz, City Secretary APPROVED AS TO CONTENT: `X • . Erik Rejino, Assistant City Manager APPROVED AS 'I'O FO1tM: f � elli Leisure, Senior Assistant City Attorney Ccdocs:llOrdinance Amending UDC Parallel Construction 730.24 Page 5 of 5