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HomeMy WebLinkAboutOrdinance - 10151-1999 - Amending Chapter 21 And 25 Reguard To Develope Playalake Areas In City - 03/25/1999First Reading Item Ho. 36 March 25, 1999 Second Reading Item No. 17 April 8,. 1999 ORDINANCE NO. 10151 ------ I AN ORDINANCE AMENDING CHAPTER 21 AND CHAPTER 25 OF TI-IE CODE OF I ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEVELOPMENT AND/OR ACCEPTANCE OF PLAY A LAKE AREAS WITHIN THE CITY OF LUBBOCK AS STORMWATER DETENTION BASINS OR PARKS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, it is the opinion of the City Council that the best interests of the health and safety ofthe citizens ofthe City ofLubbock would be served by amending_Chapter 21 and Chapter 25 with regard to the development and/or acceptance of playa lake areas situated within the City of Lubbock for storm water detention basins or parks; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 21-61 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Section 2 I -61 -Definitions For the purposes of this article: City Park shall mean an area, which may include a playa lake, defined by the City of Lubbock Civic Services Division as an area providing for open space and associated recreational activities. Lake Area is that part of any natural storm water lake area in the city, the perimeter of which has been established by the city engineer, and it is substantially the estimated high-water level indicated on plats of any lake area which has been approved by the planning and zoning commission and filed with the city secretary and engineer. The playa lake area can either reside in its natural state or be modified through a cut and fill plan. Stormwater Detention Basin shall mean a lake area dedicated for the primary use of stonnwater impoundment. Undeveloped open space activities may also exist. Water holding capacity shall mean the volume of storm water which any natural storm water lake area is capable of holding in its natural state before any filling, cutting or redesign. SECTION 2. THAT the Code ofOrdinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 21-75, which said section reads as follows: Sec. 21-75. Playa Lake Development and Acceptance. Playa lakes are an essential element of drainage systems both in and adjacent to the City of Lubbock. When critical amounts of development have occurred within any particular watershed, the public may benefit from owning the property as part of the overall drainage system. Proposals for such ownership shall include a determination by the City Council that a substantial benefit shall accrue to the public. No lake areas will be accepted in relatively undeveloped areas unless circumstances exist which merit an exception. Dedication of a playa lake area shall comply with the requirements set forth in Section 25( 4)(f). At a minimum all land area below the estimated high water elevation of a lake shall be dedicated to facilitate storm water drainage. The subdivider shall dedicate the lake land in one of the following ways: (a) The lake area may be dedicated as a storm water drainage and impoundment easement, subject to approval by the Planning and Zoning Commission, and shall meet the requirements set forth by the Drainage Criteria Manual and the Policy for Playa Lake Development. (b) The lake area may be dedicated as public property for a storm water detention basin, subject to approval by the Lubbock City Cow1cil, after review and recommendation by the Planning and Zoning Commission, and the City Engineer, and shall meet the requirements set forth by the Drainage Criteria Manual and the Policy for Playa Lake Development. (c) The lake area and additional adjacent property may be dedicated as a city park, subject to approval by the Lubbock City Council, after review and recommendation by the Planning and Zoning Commission, Parks and Recreation Board, and the Civic Services Division in cooperation with the City Engineer. The lake area shall meet the requirements set forth by the Drainage Criteria Manual, and the Policy for Playa Lake Development. SECTION 3. THAT Section 25-2 of the Code of Ordinances of the City of Lubbock, Texas, be amended by adding thereto the following new or amended definitions in alphabetical order: City Park-An area, which may include a playa lake, defined by the city of Lubbock Civic Services Division as an area providing for open space and associated recreational activities. Lake Area -An area in which a playa lake resides in its natural state or modified through a cut and fill plan. 2 Stormwater Detention Basin -A lake area dedicated for the primary use of stormwater impoundment. Undeveloped open space activities may also exist. SECTION 4. THAT Section 25-4 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: (f) Lakes area. In the interest of the health, safety, and welfare of the residents of the City of Lubbock, playa lake modifications and dedication requirements for lake areas necessary for flood control and preservation of natural drainage shall be as follows: (1) Procedure to obtain commission approval for a playa lake cut and fill plan is the san1e as 25~3(d)(l) through (6). Any approved plan shall remain in force until the plan is submitted for an1endment by the subdivider. (2) Upon completion of any cut and/or fill approved under this section, an as-built certified plan shall be provided by a licensed Texas professional engineer or Texas registered public surveyor and shall be filed with the city engineering department. All fill areas shall be subject to the following: a. Testing shall be performed in accordance with ASTM standards by a commercial testing laboratory. ASTM is the American Society for Testing Materials. b. All fill materials shall be compacted to ninety-five (95) percent standard Proctor density in accordance with ASTM D-698. c. Field densities shall be determined in accordance with ASTM D-2167 (rubber balloon density method), ASTM D-1556 (sand cone density method), or ASTM D-2922 (nuclear density method). d. Four ( 4) field densities shall be taken per acre of fill material and densities shall be taken for each six-inch depth, or portion thereof, of succeeding depths of fill material. Each area of fill material less than one-half acre shall have a minimum of two (2) field densities for each six-inch depth, and areas of fill material between one-half acre and one ( 1) acre shall have a minimum of three (3) field densities for each six-inch depth. e. Each lift shall have a maximum depth of six (6) inches. f. The field densities shall be taken in such a manner as to be a representative sampling of the six-inch depths. The location of the tests shall be proportionately spaced to represent approximate equal areas of each acre being tested. Testing shall not occur at the same location in succeeding depths, so a representative san1pling of the total fill may be obtained. 3 I II g. The location of the field density tests shall be indicated upon a map to become a part of the certified as-built cut and fill plan. h. Copies of all test results with location maps shall be furnished to the city engineer with the certified as-built cut and fill plan. (3) Playa lakes are an essential element of drainage systems both in and adjacent to the City of Lubbock. When critical amounts of development have occurred within any particular watershed, the public may benefit from owning the property as part of the overall drainage system. Proposals for such ownership shall include a determination by the City Council that a substantial benefit shall accrue to the public. No lake areas will be accepted in relatively undeveloped areas unless circumstances exist which merit an exception. At a minimum all land area below the estimated high water elevation of a lake shall be dedicated to facilitate storm water drainage. The subdivider shall dedicate the lake land in one of the following ways: a. l11e lake area may be dedicated as a storm water drainage and impoundment easement, subject to approval by the Planning and Zoning Commission, and shall meet the requirements set forth by the Drainage Criteria Manual and the Policy for Playa Lake Development. b. The lake area may be dedicated as public property for a storm water detention basin, subject to approval by the Lubbock City Council, after review and recommendation by the Planning and Zoning Commission, and the City Engineer, and shall meet the requirements set forth by the Drainage Criteria Manual and the Policy for Playa Lake Development. c. The lake area and additional adjacent property may be dedicated as a city park, subject to approval by the Lubbock City Council, after review and recommendation by the Planning and Zoning Commission, Parks and Recreation Board, and the Civic Services Division in cooperation with the City Engineer. The lake area shall meet the requirements set forth by the Drainage Criteria Manual, the Policy for Playa Lake Development. ( 4) The following standards shall be met prior to the final plat of a storm water drainage and impoundment easement: a. The requirements for minimum development standards for storm water detention basins are in place and operating efficiently or properly secured. A refund of any bond in lieu will not occur until all required improvements appear to be operating efficiently. b. Water quality tests, as outlined in the Policy for Playa Lake Development, have been performed and any modifications to the lake area completed and accepted. c. The entire area is clear of litter. Grass and/or weeds are mowed and no erosion problems are evident. d. When the land below high water elevation is retained as private land, covenants providing for the perpetual ownership and maintenance of such area shall be filed of record with the final plat. (5) The following standards shall be met prior to the final plat of a storm water detention basin being accepted by the city: a. The requirements for minimum development standards for storm water detention basins are in place and operating efficiently or properly secured. A refund of any bond in lieu will not occur until all required improvements appear to be operating efficiently. b. Water quality tests, as outlined in the Polic.y for Playa Lake Development, have been perfonned and any modifications to the lake area completed and accepted. c. Existing facilities, as outlined in the Policy for Playa Lake Development, have been removed or accepted by the city. Any existing facility allowed to remain in place in order to serve adjacent private property shall require a maintenance agreement whereby the private property owner will continue to maintain the existing facility within the lake area. d. The entire area is clear of litter. Grass and/or weeds are mowed and no erosion problems are evident. e. A maintenance agreement shall be required to be signed by the city and the subdivider that will require that the subdivider maintain the property for a period of one year in good condition. At the end of one year the City will again review the property to make sure that items (a) through (e) have been met and at that time the city may assume ownership. (6) The following standards shall be met prior to the final plat of a city park being accepted by the city: 5 a. The requirements for minimum development standards for storm water detention basins are in place and operating efficiently or properly secured.. All park improvements, as agreed upon by the subdivider and the city, shall be installed or properly secured. A refund of any bond in lieu will not occur until all required improvements appear to be operating efficiently b. Water quality tests, as outlined in the Policy for Playa Lake Development, have been performed and any modifications to the lake area completed and accepted. c. Existing facilities, as outlined in the Policy for Playa Lake Development, have been removed or accepted by the city. Any existing facility allowed to remain in place in order to serve adjacent private property shall require a maintenance agreement whereby the private property owner will continue to maintain the existing facility within the lake area. d. The entire area is clear of litter. Grass and/or weeds are mowed and no erosion problems are evident. e. A maintenance agreement shall be required to be signed by the city and the subdivider that will require that the subdivider to maintain the property for a period of one year in good condition. At the end of one year the City will again review the property to make sure that items (a) through (e) have been met and at that time the city may assume ownership. (7) Development of all lake areas shall conform to all requirements of the drainage criteria manual, including the following: a. Improvements within or adjacent to such lake areas shall be in accordance with section 25~6(b) of the subdivision regulations and in compliance with the drainage criteria manual and master drainage plan of the city. b. Lake areas shall be designated on plats as storm water detention basins or parks and the ownership referenced in the dedication deed as "storm water drainage and impoundment easement", "public storm water detention basin", or "public park" and shall be designated by a lot or tract number. c. No final plat for any lot or tract adjacent or within a lake area or on a bordering street may be recorded without approval of the planning and zoning commission tmtil such lake area has been dedicated as described herein, along with dedication of such storm water storage and drainage easements, when necessary, as shall be required by the city engineer. d. All borrow slopes shall conform to the requirements of the drainage criteria manual. 6 e. All fill areas shall conform to the requirements ofthe drainage criteria manual and shall be subject to items (2)(a) through (e) and 25-4(f)(2). f. The lake area volwnes shall conform to the requirements of the drainage criteria manual. (8) The dedication of the lake areas for storm water drainage and detention basins shall not prohibit the use of such area for public activities not inconsistent with storm water drainage and impoundment. SECTION 5. TI-IAT the Code of Ordinances of the City of Lubbock, Texas, is hereby amended by adding a subsection, to be numbered 25-6(a)(l)(q)(4), which said subsection shall read as follows: 4. If any property described by the proposed final plat is a playa lake, the lake areas shall be designated as storm water detention basins or parks. The ownership referenced in the dedication deed shall describe the lake as a "private storm water drainage and impoundment easement", "public storm water detention basin", or "public park" and shall be designated by a lot or tract number. SECTION 6. THAT the Code of Ordinances ofthe City ofLubbock, Texas, is hereby amended by renumbering the present subsection 25-6(b)(6) as subsection 25-6(b)(7) and adding a new subsection, to be numbered 25-6(b )( 6), which said subsection shall read as follows: (6) Playa lake improvements. All playa lake improvements shall be completed as specified in Section 25-4(f)(4) or Section 25-4(f)(5). SECTION 7. THAT violation of any provision of this ordinance shall be a Class C misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. SECTION 8. 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 9. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. 7 AND IT IS SO ORDERED. Passed by the City Council on first reading this 25th day of March 1999. Passed by the City Council on second reading this 8th day of April 1999. ATTEST: APPROVED AS TO CONTENT: Pluya.ord.doc Murch 24, 1999 APPROVED AS TO FORM: /~t\.zJ~n DldG. Vandiver ~I First Assistant City Attorney 8