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HomeMy WebLinkAboutOrdinance - 6858-1974 - Amending Chpater 29 Governing Lake Areas - 02/27/1974b.RDINANCE NO. 6858 ----- AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES. CITY OF LUBBOCK, TEXAS, ENTITLED "SUBDIVISIONS", BY AMENDING SUB- SECTION G OF SECTION 29. 4 THEREOF GOVERNING LAKE AREAS; PROVIDING AN EFFECTIVE DATE FOR APPROVED PRELIMINARY PLATS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council has determined that the changes indicated below would be in the best interest of the citizens of the City of Lubbock: NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Sub-section G of Section 29.4 of Chapter 29 of the Code of Ordinances, 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 area invoh- ed, dedications of lake areas for public parks shall be required as follows: ( 1) All land within a lake area shall be dedicated as public park land in its natural state at the time of platting after recommendation by the Parks Board or: (2) Land within a lake area shall be dedicated as public park land, subject to approval of the Planning and Zoning Commission in conjunction with a pro- per cut-and-fill plan, after recommendation by the Parks Board, under the following conditions: (a) Land may be reclaimed for private use provided the total reclaimed shall not exceed 30o/o of the total land in the lake area which is owned by the developer. Land reclaimed for use as public right-of-way shal not be considered as part of the 30o/o private use area; (b) All areas remaining in the lake area below the high water elevation shall be dedicated as public park. (3) Where variations of park dedication requirements, as listed above .. are approved by the Planning and Zoning Commission allowing land below high water to be retained as private recreational or open-space land, the follow ing conditions must be met: Covenants or ownership agreements providing for the perpetual owner ship and maintenance of such area must be submitted and approved by the City Attorneys' Office and Planning and Zoning Commission and filed of record with the final plat. (4) Development of all lake areas shall conform to the following requireiiEnts: (a) Improvements within or adjacent to such lake areas shall be in accordance with Section 29-6. B of the Sub-division Regulations. (b) Areas to be dedicated as public park shall be designated or plats and referenced in the dedication deed as 11public park11 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 the dedication of storm water storage and drainage easements required by the City Engineer. {d) All borrow area slopes shall be at a 1:7 slope. (e) All fill are a 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 lake areas as public parks shall not prohibit the requiTment of the dedication of other land for public parks, play- grounds or other public uses. (6) Requirements imposed in this Section by the Planning and Zoning Comnission 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 trB.y be appealed to the City Council. SECTION 2. THAT all preliminary plats which have been approved by the Planning and Zoning Commission prior to the effective date of this Ordinance shall not be required to meet the conditions imposed by this Ordinance if the final plat is submitted within 12 months from the effective date of this Ordinance. SECTION 3. THAT should any section, 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. -2- SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as alternative method provided by law. AND IT IS SO ORDERED. Passed by the Council on first reading this 27th day of February Passed by the Council lc>n second reading this 14th day of March MORRIS W. TURNER, MAYOR ATTEST: APPROVED AS TO FORM: APPROVED: ~ 1974. , 1974.