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HomeMy WebLinkAboutOrdinance - 1331-1953 - Approving And Adopting Subdivision Regulations For The City Of Lubbock - 01/22/1953r y /J!.t:f.( (c ... ~ f..,) ·3o .. s·':}~ AN ORDINANCE APPROVING AND ADOPTING SUBD VISION REGULATIONS FOR THE CITY OF LUBBOCK AS PROVIDED BY LAW FOR PLANNING AN='::l.~ONING COMMISSIONS; DEFINING WORDS AND TERl-£; SUGGESTING PROCEDURES TO SUBDIVID~ OF REAL PROPERTY; ESTABLISH- ING PROCEDURE FOR CONDITIONAL APPROVAL OF PRELIMINARY PLAT; ESTABLISHING PRO- CEDURE FOR APPROVAL OF FINAL PLAT; REQUIRING PRELIMUT~Y PLANS AND DATA FOR CON- DITIONAL APPROVAL OF SUBDIVISIONS; ESTABLISHING REQ~S BEFORE FIN~ APPROVAL OF PLAT; PROVIDING FOR WITHHOLDING EXTENSION OF UTILITIE~AND UTILITY SERVICES; ESTABLISHING POLICY CONCERNING CONSTRUCTION OF REGULATIONS WITH REFERENCE TO HARD- SHIPS, LARGE SCA!;E DEVELOPMENT AND THE GRANTING OF VARIANCES BY THE PLANNING AND ZONING C())1MISSION; AND DECLARING AN EM&RGENCY .. WHEREAS, the City Commission finds that subdivision re~ations are immediately needed in the interest of economy and for the preservation or publio health, property and safety in connection with the platting, zoning and planning cf subdivisions, extension of public utilities and public ways, and creates an emergency; THEREFORE, ' BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the following regulations be, and the same are hereby adopted and approved; and for the purpose of these regulations, vhieh shall be known as and may be c-ited as ncity of Lubbock Subdivision Regulations," ~rtain words used herein are defined as follows: A. SUBDIVISION The term ltsubdivisiontt means the division of a parcel of l.an& into two (2) or more lots or parcels for the purpqs~ of transfer ~ ownership or building development; provided that a division or land fer a gricultural purposes into lots or parcels of five (5) acres or more and not involving a new street or alley shall not be deemed a subdivision. The term ineludes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided~ B. STREETS AND AILEY§ The term ttatreet" means a va:y for vehicular traffic, whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated. 1. Arterial streets and highways are those which are used primarily for fast or heavy traffic. 2. Collect~r streets are those which oarr.r traffic fr0m minor s'ireets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and atree~s for 9ir~tion within such a development. 3. ~r streets are th~se which are used primarily for access to the abutting properties. / 4. Marginal access st~le~ are minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic. c - . ' 5. Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street C. PLANNING COMMISSION ~Jhenever the term "Planning Commission" or "Commission" is used in these regulations, it shall be deemed to refer to Planning and Zoning Commission of the City of Lubbock. · The word "shall 11 shall be deemed as ma.nda tory. Tlt$ word "may" shall be deemed as permissible. SECTION 2. PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suggestion to Subdivider The subdivider should avail himself of the advice and assistance of the Planning Commission, and to consult early and informally with the Commission staff be!ore preparation of the preliminary plat and before formal application for its approval, in order to save time and money and to make the most of his ~pportunities. He should also consult with parties potentially interested with him or with the ultimate users of the development, such as lending and mortgage insurance institu- tions, with a view t9 reaching, at this initial stage, firm conclusions regarding what part of the market demand should be served, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrange- ment of streets, lots, utilities and other features of th~ proposed development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. PROCEDURE FOR CONDITIONAL APPROVAL OF PRELIMINARY PLAT 1. On r~aching conclusions, informally as recommended above, regarding his general program and objectives, the subdivider shall cause to be prepared a Preliminary Plat, together with improvement plans and other supplementa material as applicwble in Section 4· 2. Six (6) copies of the Preliminary Plat, and supplementary materials specified shall be submitted to the Planni~ Commission with written application for conqitional approval at least ten (10) days prior to the meeting at which it is to be considered. 3. Th9 following notice shall be stamped on the fac$ fir each preliminary plat by the Secretary of the City Planning Connniasion: 1tprell.iminary Plat -for inspeo~ion purposes only, and in no way offidial or approved for record purposes." 4.. Following (a) review of the ?reliminary Plat and other material spbmi~~d for conformity thereof to these regulations, and (b) negoiiati0ns with the subdivider on changes deemed advisable and the kind and extent of improvements to be made b,y him, ~e Planning Commission shall, within thirty (30) days, act thereon as submitted, or modified, and if approved, the Planning Commission shall express its approval as Conditional Approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reason therefor. -2- ·' 5. The action of the Planning Commission shall be noted on two (2} copies of the Preliminary Plat, referenced and attached to any conditions determined. One (1) copy shall be returned to the subdivider and the other retaine b,y the Planning Commission. 6.. donditional Approval of a Preliminary Plat shall not constitute approval of the Final Plat. Rather it shall be deemed an expression of approval to the layout submitted on the Preliminary Plat as a guide to the preparation of the Final Plat which will be submitted for approval of the Planning Oommiasion and for recording upon fulfillment of the requirements .of these regulations and the conditions of the Conditional ~pproval, if any. B. PROCEDURE FOR APPROVAL OF FINAL PLAT 1. The Final Plat sh{Ul conform substantially to the Preliminary Plat as approved, and, if desired b,1 the subdivider, it may constitute only that portion of the approved Preliminary Plat which he proposes to record and develop at the time, provided, however, that suoh portion conforms to all requirements of these regulations. 2. Two (2) copies of the Final Plat, together with a reproducible sepia and supplementary materials required for approval shall be .prepared as specified in Section 5 (Five), and shall be submitted to the Planning Commission within sixty {60) days after approval of the Preliminary Plat; otherwise such approval shall become null and void unless an extension of time is applied for and granted b,y the Planning Commission. SECTION 3. DESIGN SUNDARDS A. STREETS . 1. The arrangement, character, extent, width, grade and location of all streets shall conform to the ~ater 'l"b'Oi-'Ougbf~P.erP.laiP 't 1.~n and other master plans of the City of Lubbock and ahall be considered in t heir relation to existing and planned streets, to topographical conditi ons, t o public convenienQo and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. 2. Ml.ere such is not shown in the .. :b~hq'fiiji;!l'lUgnta.i1$t~ ~ .. ·: :t Pll&ll, the arrange.ment of streets in a subdivision shall either: a. Provide for the continuation or appr opriate projection of existing principal streets in surrounding areas; or b. Conform to a plan for a neighborhood approved or adopted by the Planning Co~nission to meet a particular situation where topographical or other conditions make continuance or conformance to existing·streets impracticable. 3. Minor streets shall be so laid out that their use by through traffic will be ~iscouraged. 4. Where a subdivision abut$s or contains an existing or proposed seml~f~~eway~ .t , the Planning Commission may require margi nal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, ~ such other treat- ment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. • ' I . -' ·' 0 c G 5. Where a subdivision borders on or contains a railroad right- of-way or limited access highway right-of-way, the Planning Commission may require a street approximately parallel to and on each side of such right-of-way, at~a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 6. Reserve strips controlling access to streets shall be pro- hibited except where their control is definitely placed in the city under condi- tions approved by the Planning Commission. 7. Street jogs with centerline offsets of less than one hundred and twenty-five {125) feet shall be avoided. 8. Street intersections shall be as nearly at right angles as practicable. 9. At each street intersection the property line at each block corner shall be rounded ~ith a curve or radius· of not less than fifteen (15) feet. 10. Street right-of-way widths shall be as shown in the '•l>hstt1/r-:;, ... -o'i"ouglif.arlil' Plan and where not shown therein shall be not less than as follows: Street ~ Right-pf-way Feet Arterial • • • • • • • • • •• Collector • • • • • • • • • • • • Minor, for apartment • developments • • • • • • • • Minor, for other residences. • •• Marginal access. • • • • • • • • • 90-200 60-so 60 50 ~0-40 11. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision and these regulations; and where the Planning Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. 12. Dead-end streets may be platted where the Planning Commission deems desirable and where the land adjoins property not subdivided in which case the streets shall be carried to the boundaries thereof. 1~. Dead-end streets, designed to be so permanently, shall not be longer than six hun~d {600) feet and shall be provided at the closed end with a tum-around having an outside roadway diameter(of at least eightY. (80) feet, and a street property line diameter of at least one hundred (100) feet ~ 14. No street names shall be used which will duplicate or be confused uith the nanes of existing streets. Street names shall be subject to approval of the Planning Commission and shall be in accordance with the City of Lubbock's street naming plan. B. ALLEYS 1. Alleys shall be provided in commercial and industrial districts, except t hat the Planning Commission may waive this requirement where other definite ====--=--=P-=========================~~==================================~F= 0 c .. \ ·.· .• I and assured provision is made for service acce~e, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed. - 2. In residential districts alleys shall be provided parallel o~ approxilna.tely parallel to the frontage of the street. 3. The minimum. width of an alley shall be twenty (20) feet. 4. 1-Jhere two (2) alleys intersect, a out.oi,'f of not less than ten (lO)·feet along each property line from the normal intersection of the propert~ lines shall be provided. 5. Dead-end alleys shall be avoided where possible, but if unavoid- able, shall be provided with adequate turn-around facilities at the dead-end as determined by the Planning Commission. C. BLOCKS 1. The lengths, \vidths and shapes of blocks shall be determined with due regard to: a. Provision of adequate building sites suitable to the special needs of the type of use contemplated. b. Zoning requirements as to lot sizes and dimensions. c. Needs for convenient acces s , circulation, control and safety of street traffic. d. Limita~ions and opportunities of topography. 2. Block le~ths shall not exceed seven hundred (700) feet, or be less than five hundred (500) feet, except under unusual conditions approved Qy j the Planning Conunission. Block depths shall not be less than two hundred and fort~ (240) feet. 3. Pedestrian walks, not ;tess than ten (10) feet w7ide, shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, tra~sportation, and other community facilities. D. LOTS 1. The lot size, width, depth, shape,and orientation, and the minimum building setback lines shall be appropriate for the location of the sub- division and for the type of development and use contemplated. 2. Lot dimensions shall conform to the requirements of the zoning ordinance, if such requirements are more stringent, otherwise lot dimensions shall be as follows: a. Residential lots shall be not less than six thousand (6,000) square feet in area. b. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities re~uired by the type of use and development con- templated. .3. Eaoh lot shall front upon a public street • • 15. •·. ... c c . ' l. \ I 4. Double frontage, and reverse frontage lots, should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orienta- tion. A planting screen reservation of at least ten (10) feet, and across which there shall be no right of access, shall be provided along the line of lots abutti such a traffic arter,y or other disadvantageous use. 5. Side lot lines shall be substantially at right angles or radial to street lines. 6. Where the area is divided into larger lots than for normal urban building sites and in the opinion of the Commission any or all of the t ra¢ts are susceptible of being resubdivided, the original subdivision shall ba suoh that the alignment of future street dedication may conform to the general stvaet layout in the surrounding area. E. BUILDING LINES Building lines shall be shown on all lots intended for residential use and in soma cases may be required on lots intended for business use, and shall provide at least the setback required by the Zoning Ordinance. F. FLOOD .AREAS Areas within the jurisdiction of the City Planning Commission subject to flood conditions as established by the City Engineer of Lubbock will not be considered for subdivision purposes until adequate drainage has been provide • SECTION 4. PRELIMINARY PLANS AND DATA FOR CONDITIONAL .AfPROVAL A. PLATS 1. Six (6) copies or prints of the proposed subdivision d~a~n t o a scale of one hundred (100) feet to one (1) inch showing the following: a. Boundary lines, bearings and distances sufficient to locate the exact area proposed for subdivision. b. The name ~nd location of all adjoining subdivisions shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets and alleys and other features that may influence the layout and development of the proposed subdivision. Adjacent unplatted land shall show property lines and owners of record. c. The location and widths of all streets, alleys, easements and ways existing or proposed within the subdivision limits. d. The location of all existing property lines, buildi ngs, sewer or water mains, gas mains or other underground structures, easements or other existing features within the area proposed for subdivision. e. Proposed arrangement of lots and proposed use of same --All lots, plots ~r building sites in any original subdivision shall be numbered conse~ tively fr~m oha to the total number of lots in the subdivision. The elimination of -6- Q ( Block numbers or letters is desired. All lots, plots or building sites in any resubdivision shall be lettered A - B -0, etc. f. The title under which the proposed subdivision is to be recorded, the name of the owner with sufficient data to show ownership, and the name of the engineer platting the tract. g. Sites, if any, to be reserved or dedicated for parks, play- grounds or other public uses. h. Scale, north arrow, date and other pertinent data. B. PROTECTION COVENANTS Draft of any protection covenants whereby the subdivider proposes to regulate land use in the subdivision. SECTION 5. FINAL APPlj.OVAL REQUIREMENTS A. PLATS AND DATA FOR FINAL APPROVAL 1. Final Plat: Upon receiving conditional approval as provided in Section 4 (Four) of this Ordinance, the owner of the tract proposed for subdivi- sion shall, within.sixty (60) days, have prepared and submitted a Final Plat to the City Planning Commission. A reproducible sepia and two (2) copies shall be drawn upon sheets Si" x nu 11" x l?tt, 17" x 22n, or 2211 x 36" and shall be at a scale of one hund~ed (100~ feet to one (1) inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions the Final Plat may be submitted for approval progressively in contiguous sections satisfactory to the Planning Commission. The Final Plat shall show the following: a. Primary control points, approved by the City Engineer, or descriptions and 11tiestt to such control points, to which all dimensions, angles, bearings, new city block number or county block number, and similar data on the plat shall be referred. b. Tract boundary linea sufficient to locate the exact area proposed for subdivision, right-of-way linea of streets, ease~nts and other rights of-way, and ~pe~y lines of residential lots an~ other sites; ~ith accurate dimensions, bearings or deflection angles, and radii, area and central angles of all curves. c, Name and right-of-way width of each street or other right-of- way. d. Location, dimensions and purpose of a~ e~sements. a. Number to identify each lot or site. f. Purpose for which sites, other than residential lots, are dedicated or reserved. 1 g. l1inimum building setback line when required by the Planning Commission. h. Location and description of monuments. • I. J., ~ . : 0 i. Reference to recorded subdivision plats Qf adjoining platted and by record name, date and number. · j. SURVEYORfS CERTIFICATE, to be placed on the plat; NOW ALL MBN BY THESE PRESENTS: That I, , do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under ~ personal supervision, in accordance with the Subdivision Regulations of the City of Lubboclc, Texas. k. Certificate of Approval by the City Planning Commission: (To be placed on plat) Approved this __ day of--------' 19_ by the City Planning Commission of the City of Lubbock, Texas. Chairman Secretary 1. Title, scale, north arrow and date. 2. OWNER•S CERTIFICATE: (Three (3) signed copies) TATE OF TEXAS COUNTY OF LUBBOCK : WHEREAS, we, , are the sole owners of a t~act of ~and situated in the ------_::_:_: Survey, County of LubbocJ<:, and more particular! described as follows: BEGIIDaNG _________________________________________ ___ NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTSs That ¥re, , do hereby adopt this plat designating the hereinabove described property as Subdivision, City of Lubbock, ~exas, and, we do hereby dedicate to the public use forever the streets, and alleys, rights-of-way and any sites shown thereon, and request the recording of said sub- division plat, this certificate and other pertinent documents. WITl~ESS OUR HANDS at Lubbock, Texas this the _ day of , 19_. c c ( 3. CERTIFICATE OF IMPROVEMENT: I, , do hereby certify that all improvements have been satisfactorily complied with in accordance with City specifications, as required under Section S-B of Ordinance No·--~----~- City Engineer I, , do hereby certify that a certified check or a valid and enforceable bond for the faithful completion of those improvements as required b,y Section 5-B!of.Ordinanae No. still incompleted has been provided. City Attorney 4. Protective covenants, if any, in form for recording. 5. Certificate showing that all taxes have been paid on the tract to be subdivided, and that no delinquent taxes exist against the property. 6. Qtb~r ~~~: Such other certificates, affidavits, endorsements, or deductions as may be required by the Planning Commission for the enforcement of these regulations. B.. INPROVEMENTS REQUIRED PRIOR TO ACCEPTANCE OF THE FINAL PLAT 1. Monwnents a. Concrete, or a-pproved equal monuments, six inches (6") in diameter by twenty-four inches (24tt) long, shall be placed at all corners of blook boundary lines and at curve points and angle points of a subdivision, and in any case not more than 1000 feet apart. The exact intersection point on the monument shall be marked by a copper pin# or approved equal, ~·me-fourth inch (f11) in diameter embedded at least three inches (3 11) in the monwn.ent. The top of the monument shall be placed flush with the finished grade. All such markers shall be shown on the final plat • . b. Lot markers shall be metal, concrete, or other reasonably permanent material and shall be placed at each corner of all lots flu~h with the ground, or counter sunk, if necessary, in order to avoid being disturbed. c. The description and location of permanent survey reference monuments shall be shown on the plat. These shall be other than, and in addition to, markers set for block or lot corner. They shall be con~ete, of the same type of monuments as descr~bed tn SUbsection 1-a, of this Section, and wherever practical, they shall be set so that the top of the monuments will not be less than twelve inches (12tt) baiow the ground surface after contemplated improvements are completed. 2. Streets a. Grading, curbs and gutters, drainage and drainage structures necessary to the proper use and draining of streets, highways, and ways and/or to the public safety, all in accordance with plans and specifications of the City of Lubbock. -9- . ' .. .. c· 0 b. All streets within or abutting to the proposed subdivision shall be paved according to City of Lubbock specifications for paving. All paving shall be to the width specified on the Major Street Plan of the City of Lubbock and shall be constructed under the supervision of the City Engineer. In the case of streets along the boundary of a proposed subdivision, the developer shall deposit one-half of the estimated cost of paving such streets with the qity ot Lubbock. Cost of all paving shall be borr:eby the subdivider except that the City may participate in the cost of paving under the provisions of then existing paving policies. c. Underground utility lines required in the subdivision shall be placed under and/or across all streets prior to paving. 3. Water and Sewer Water and sewer lines shall be installed to serve all lots within the proposed subdivision under the provisions of Ordinance No. 1190, of the City of Lubbock or amendments thereto. 4. Street Lighting The minimum requirement for street lighting facilities shall be one (1) 250-candle power light, or equal, at each street intersection within or abutting the subdivision. Light standards shall be approved by the City of Lubbock Electric Department. 5. Street Name Signs Street name signs shall be piaced at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the City of Lubbock and shall be placed in accordance with standards of erection of the City of Lubbock. 6. Bond In Lieu In lieu of the completion or installation of any.or all of the above improvements, and before the final plan is approved and recorded, the City of Lubbock may accept a cash deposit or surety bond to secure to the City the actual cost of such improvements as estimated by the City Engineer. C. WITIDIOLDING IMPROVEMENTS UNTIL APPROVED 1. The City hereby defines its policy to be that the City will withhold all city improvements o£ whatsoever nature, including the maintenance of streets and the furnishing of sewerage facilities and water service from all addi- tions, the platting of which has not been approved by the City Planning Commission. 2. No street number and n9 building permit shall be issued for the erection of any building in the City of Lubbock on any piece of property other than an original or a r~-subdivided lot in a duly approved and recorded subdivision without the written approval of the Planning Commission. SECTION 6. VARIANCES A. HARDSHIP Where the Planning Commission finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regula- tions so that substantial justice may be done and the public interest secured; ~ ------ c G provid~d that such variation will not have the a£faQt of nullifying the intent and purpose of these regulations. B. LARGE SCALE DEVELOPMENT The standards and requirements of these regulations may be modified by the Planning Commission in the case of a plan and program for a complete community, or a neighborhood unt, which in the judgment of the Planning Commission provide adequate public spaces and improvements for the circulati on, recreation, light, air1 and service needs of the tract when fully develop~d and populated, and whiCh aaeb provide such covenants or other legal provisions as will assure conformity to e.nd achievement of the plan. C. CONDITIONS In grating variances and modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. SECTION 7. The fact that existing subdivision re"gulations are inadequate to preserve public health, property and safety and the Commission finds that inunediate regulation is required in the public interest to preserve public property health and safety, crea~ing an emergency, requiring the suspension of all rules requiring reading of Ordibances on more than one (1) day, and the same are hereby suspended and this Ordinance is declared to be an emergency measure effeotive on the date of its passage. AND IT IS SO ORDERED. On motion of Commissioner --------·--r_.Mo~r~r~i~s~---------' seconded by . \ Commissioner -----D_a_v_i_s ________________ , the foregoing Ordinance was passed b.Y the City Conunission on this ?2nd day of ~---' 1953, by the following vote; ATTEST: Commissioners voting ''YEAn/ferris ,Carpenter , Davis &Thomas & Mayor Tripp 'Y Commissioners voting HNAY": None .. ,,. ,. ) ~ Laven ~~ VEW:rr 1-24-5.3