HomeMy WebLinkAboutOrdinance - 8158-1981 - Amend. Lang. Sec. 29-4G Reg. Lake Areas In Lubbock. Prov. Savings Clause, & Pub. - 02/26/1981~V:pc ORDINANCE NO. 8158 :z.,~,, ... 'B/ a-,~--g,
AN ORDINANCE AMENDING THE LANGUAGE OF SEC. 29-4G OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEDICATION OF LAKE AREAS WITHIN
THE CITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council has determined that it would in the best
interests of the citizens of the City of Lubbock to require that residences or
other facilities not be constructed below the high water level of playa lakes
within the City of Lubbock; and
WHEREAS, the City Council has determined that it would be in the best
interest of the citizens of the City of Lubbock to require that the natural
storm water drainage areas be maintained in order to prevent the flooding of
homes and businesses of the citizens of the City.of Lubbock; and
WHEREAS, the present ordinance pertaining to such playa lake areas does
not make it perfectly clear that such ordinance is a flood control measure and
pertains directly to the health, safety and welfare of the citizens of the
City of Lubbock, Texas; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the language of Sec. 29-4G of the Code of Ordinances
of the City of Lubbock BE and is hereby amended to read as follows:
G. LAKE AREAS
In the interest of the health, safety and welfare of the residents
of the City of Lubbock, dedication of lake areas for storm water drainage
and impoundment areas necessary for flood control and preservation of
natural drainage shall be required as follows:
(1) All land within a lake area shall be dedicated as public land
for storm water drainage and impoundment in its natural state
at the time of platting, after recommendation by the Community
Facilities Division, or:
(2) Land within a lake area shall be dedicated as public land for
storm water drainage and impoundment, subject to approval bf
the Planning and Zoning Commission in conjunction with a proper
cut-and-fill plan, after recommendation by the Community Facilit es
Division, under the following conditions:
(a) Land may be reclaimed for private use provided the total
reclaimed shall not exceed 30% of the total land in the
lake area which is owned by the developer. Land reclaimed
for use as public right-of-way shall not be considered as
· part of the 30% private use area.
(b) All areas remaining in the lake area below the high-water
elevation shall be dedicated as public land for storm
water drainage and impoundment.
(3) Where variations of dedication requirements, as listed above,
are approved by the Planning and Zoning Commission allowing
land below high water elevation to be retained as private
recreational or open-space land, the following conditions must
be met:
' C Covenants or ownership agreements providing for the perpetual
ownership and maintenance of such area must be submitted to and
approved by the City Attorney's office and the Planning and
Zoning Commission and filed of record with the final plat.
(4) Development of all lake areas shall conform to the following
requirements:
(a) Improvements within or adjacent to such lake areas shall
be in accordance with Section 29-6B of the subdivision
regulations.
(b) Areas to be dedicated as public land for storm water
drainage and impoundment shall be designated on plats and
referenced in the dedication deed as "storm water drainage
and impoundment" and shall be designated by a lot or tract
number.
(c) No lot or tract adjacent or within a lake area or on a
bordering street may be final platted until such lake area
has been final platted and dedicated as described herein,
along with dedication of such storm water storage and
drainage easements as shall be required by the City ·
Engineer.
(d) All borrow slopes shall be at a 1:7 slope.
(e) All fill area slopes shall be at a 1:20 slope.
(f) The lake area shall not have the water holding capacity
decreased by reason of cut-and-fill, redesign, or the
creation of a constant-level lake.
(5) The dedication of the lake areas for storm water drainage and
impoundment areas shall not prohibit the use of such area for
public uses not inconsistent with storm water drainage and
impoundment.
(6) Requirements imposed in this section by the Planning and Zoning
Commission may be appealed to the City Council.
(7) Any variance in the requirements of this section shall be
approved by the Planning and Zoning Commission and may be
appealed to the City Co1.mcil.
SECTION 2. THAT should any section, paragraph, sentence, clause,
phrase or word of this ordinance be declared \lllconstitutional or invalid for
any reason, the remainder of this ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized and directed
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 Council on first reading this 26th day of February
Passed by the Council on second reading this 12th day of March
BI~Ylk
ATTEST:
Donald G. Vandiver, Assistant
, 1981.
, 1981.
THE STATE OF TEXAS
COUNTY OF LUBBOCK_
Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day
personally appeared Twila Eolsom,Bustness Office Manu!er of the Southwestern Newspa•
pers Corporation. publishers of the Lubbock Avalanche.Journal -Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fift~-t'dolfOks wior to the first insertion of this Lee:al Notice .. 140 wotds@SOt Per
W r .. • 0 No. 901400 at Lubbock County, Texas and the attached print•
ed copy of the NO t 1 c e is a. true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: March 14 & 21, 1981,
16907
Business Office Manae:er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
/
Subscribed and sworn to before me this~ day of ... M ... a ... r~c .... h..----· 19 81
FORl15lU0