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HomeMy WebLinkAboutOrdinance - 1565-1954 - Amending Zoning Ordinance 1331 - 05/18/1954.. .., 0 5 -/0-jqGLf ORDINANCE NO. 1565 , 06-;21--is;)SLJ. Cor y AN ORDINANCE »mrDING ORDINANCE 13.31, 001MJNLY KK>WN AS THE SUBDIVISION g:-~y-5~1~~ REGULATIONS TO IJICLUDE SIDTION 1-E, LOT, TO PROVIDE FOR A IEFINITION OF THE WORD l. •roT"; A!£NDIIiG SECTION 5-B, IMPROVEMBm'S REQUIRED PRIOR TO ACCEPTANCE OF 'ffiE FINAL C t t ;o~~ gr PLAT, TO $"!' UP EXCEPTIONS TO S'OOH SECTION; Al£NDING SECTION 5-C, WITBWLDING &. Bldg IMPROVEMli2lTS UNTIL APPROVED, TO PROVIIE FOR EXCEPTIONS THERETO; FURTHER AMENDING Inspector SUCH ORDINANCE TO INCIJJDE SECTION S, SAVINGS CLAUSE. W H E R E A S, as a result or experience in the administration of -:he Subdivision Regulations, it has been determined to be in the public interest to provide for additional definitions and set up exceptions to such Ordinance upon facts to be found b,y the Planning Commission in order that all persons may be granted equal protection and privileges under such regulations as have been hereto- fore established; T H E R E F 0 R E, BE IT <RDAINED BY THE CITY COMMISSION OF THE CITY OF L U B B 0 C K: SECTION 1. That Section 1-E be added as an amendment to Ordinance 1.3.31, commonly known as the Subdivision Regulations to include a definition ot "Lot" to hereafter provide as follows: LOT - •An undivided tract or parcel of land under one ownership having access to a street, either occupied or to be occupied by a building or building group together with accessory buildings, which parcel of land is designated as a separate and distinct tract, and is identified by a tract or lot number or symbol in a duly approved subdivision plat filed of record." SIDTION 2. That Section 5, Final Approval Requirements, B. Improvemen Required Prior to Acceptance of the Final Plat, ot Ordinance 1331, commonly known as the Suhdivision Regulations be amended to hereafter provide as follows: "B. IMPROVEMgNTS REQUIRED PRIOR TO AQCEPTANCE OF THE FINAL PLAT •1. Monuments. •a. Mobuments consisting of one-inch (1") iron Iipe, twenty-six inches (26•) in length, shall be placed at all corners of the block lines, the point of intersection ot the alley aDd block lines, and at the points of intersectio of curves and tangents of the subdivision. This twenty-six inch (26") pipe shall be in 'f-wo (2) lengths, one (1) eighteen inches (18") in length, with an eight-inch (8")}1/ength of Pipe above, which shorter length shall be p.&ced nush with the 'average ground elevation. When extremely loose soil conditions are encountered, upon authorization of the City Engineer, an eight-inch (8•) wooden 2• x 2" stake as a substitute shall be driven in the top of the eighteEm i nch (u~n) length of one- inch (1") pipe in lieu of the ~ight-inch (8") length of one--ib.ch (1") pipe. All markers shall be indica ted on the final plat. "b. Lot markers shall be 2rt x 2n wooden stakes placed at each corner of all lots flush with the average ground elevation or they may be countersu , 1! necessary, in order to avoid being disturbed. · ! •c. Two (2) of the monuments provided in Subsection •a~ above for block corner or intersection corners shall be permanent survey reference points. These points shall be marked with monuments, the top of which shall be twelve inches (12") below the existing ground and shall be made of two-inch (2") diameter iron pipe eighteen inches (18"} in length, the top twelve inches (1211) of which shall be set in concrete. Inside of the tvo-inoh (2") pipe and extending to the surface of the ground a one-inch (1") iron pipe shall be installed. These ref- erence points should be located so as to establish one (1) side of the subdivision. "2. Streets •a. Grading, 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 vith plans and specifications of the City of Lubbock. "b. All streets within or abutting to the proposed subdivision shall be paved and curbs and gutters installed, according to City of Lubbock specifications. All paving shall be to the width specified on the Master Thoroughta oe Plan of the City of Lubbock and shall be constructed under the supervision or 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 City of Lubbock. Cost of all paving shall be borne by the subdivider except that the City my participate in the cost of paving under the provisions of then existing paving policies. "a. Underground utility lines required in the subdivi~ion shall be placed under and/or across all streets prior to paving. 11d. Provided, however, the requirements of •b" of this Section shall not be required when the Planning Commission finds one of the following situations to exist. I "~1). The replatting of a subdivision existing of record on January 22, 1953, having designated building lots none ot which exceed one acre in area and no existing streets are being relocated by the replat. "(2). A tract of land under separate ownership of record prior to January 22, 1953, which abuts less than a block of street and/or is less than three acres in area. "(3). Any street either within or bordering the proposed sub- division where paving and/or curb and gutter construction is not feasible due to existing right-of-wa7 or drainage difficulties. "3. Water and Sever •a. Water and sewer lines shall be installed to serve all lots within the proposed subdivision under the provisions of Ordinance No. 1521 of the City of Lubbock or amendments thereto. "b. Provided, however, the requirements of "a" of this Section shall not be required vhen the Planning Commission finds one of the following sit- uations to exist. . ' Pa~ .3 11{1)1 The replatting of a subdivision existing of record on January 22, 1953, having designated building lots none of which exceed one acre in a~rea and no existing streets or alleys are being relocated by the replat. "{2). Where water or sever is not available and can not be made available in the iimnedii te future. "(3). Tract of land under separate ownership of record prior to January 22, 1953, which is three acres or less in area. "4. Street Lighting "a. 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. "b. Provided, however, the requirements of "a" of this Section shall not be required when the Planning Commission finds one of the following situations to exist. "(1). The replatting of a subdivision existing of record on January 22, 1953, having designatedbtdlding lots none of which exceed one acre in area and no existing streets are being relocated by the replat. "{2). Tract of land under separate ownership of record prior to January 22, 195.3, which is three acres or less in area. "5. Street Name Signs "a. Street name signs shall be placed at all street intersection 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. "b. Provided, however, the requirements of "a" of this Section shall not be required vhen the Planning Conmdssion finds one of the following ·situations to exist. "{1). The replatting of a subdivision existing of record on Jarnlar,y 22, 1953, having designated building lots none of which exceed one acre1 in area and no existing streets are being relocated b,y the replat. "(2). Tract of land under separate ownership of record prior to January 22, 1953, which is three acres or less in area. "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 my accept a cash deposit or surety bond to secure to the City the actual cost of such improvements as estimated by the City Engineer." S:»JTION 3. That Section 5, Final Approval Requirements, C.Withholding Improvements Until Approved, of Ordinance 1.331, co~only known as the Subdivision Regulations pe, amended to hereafter provide as followss Pa.DA 1.. "C. WITHHOLDING I~:OOVEMENTS UNTIL 4PPROVED •1. The City shall withhold all City improvements of whatsoever nature including the furnishing of sewerage facilities and water service from all additions, which have not been approved ae provided b,y law and further, no permits shall be issued by the Building Inspector of the City of Lubbock on any piece of property other than an original or are-subdivided lot ina duly approved and recorded subdivision. "2. Provided, however, the improvements and permits withheld under Section 1 above shall not be withheld b.Y reason of the conditions therein stated 'When the Planning Commission finds one of the follwing situations to exist: 11a. A tract of land under separate ownership prior :to January 22, 1953, which is a portion of a larger tract of land which has bee~·~ivided into separate ownerships prior to January 22, 1953, in such a ma~er that there is no workable subdivision plan apparent. "b. A tract of land so improved and/or so situated that to conform to the right-of-w.y requirements of the Master Thoroughfare Plan vould result in extraordinary loss to the property owners. "c. Where improvements are necessary to comply with otmr ordinances of the City of Lubbock which carry a penalty for failure to comply. "d. Where leased property lies on railroad right-of-way, and such property is adequately served by streets and utility easements." SF.X:TION 4. That Ordinance 1331 oomn.onl.y known as the Subdivision Regulations be amended to include Section 8, Savings Clause, to provide as follows: "SECTION 8. SAVINGS CLAUSE "If a~ section, paragraph, subdivision, clause, phrase, or pro- vision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this Ordinance as a whole or any part or provisions thereof other than the part so decided to be invalid or unconstitutional. A N D I T I S S 0 0 R D E R E D. On motion of CoF~issioner ___ cMa~rp~e-n~t-e.r ___ , seconded by Commissioner ll---'~~t,.w ... ·~,.,.. ___ , the foregoing Ordinance was passed on first reading this ' :fa day I of -~Ma~J'J-----~· 1954, by the following vote: Commies loners voting "YEA", Baker, Carpenter, Forrest and Thomas. ~or Tri pp COJ.mD:issioners voting "NAY": one ..., ... On motion of Commissioner Carpenter , seconded by Commissioner _...lT::,.o;;h;:.;;<JIII=a..,a ___ , the foregoing Ordinance was passed on second reading this 3J_ day of __...lfY"~~--' 1954, by the following vote: ATTEST: CAM:gt 5-12-54 ti'V'1;'. " Baker, _Carpenter, 1' orr est, Thoma a and COJIIDil!lsioners voting --.~.~ : Hiyor Irl.pp • Commissioners voting •NAY•: Hone ,~ I.L'~ --- - - - - - -owe, ty Secretary-Treasurer