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HomeMy WebLinkAboutOrdinance - 2008-O0069 - Amending Chpt 2; Applicability Of Ordinance 2008-00038; Lake Alan Henry;Erosion - 07/22/2008First Reading July 22, 2008 Item No. 6.2 ORDINANCE NO. 2008-00069 Second Reading August: 12, 2008 It:eua No. 5.5 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 2-572, RELATED TO THE APPLICABILITY OF ORDINANCE NO. 2008-00038 REGARDING REGULATIONS FOR LAKE ALAN HENRY ("LAKE") AND EASEMENTS IN FAVOR OF THE CITY OF LUBBOCK, TEXAS ADJOINING LAKE ALAN HENRY ("EASEMENTS"), SAID REGULATIONS REGARDING STRUCTURES AND FACILITIES AND EROSION CONTROL WITHIN OR ON THE LAKE OR EASEMENTS; BY AMENDING EXHIBIT "A" OF ORDINANCE NO. 2008-00038 REGARDING CONSTRUCTION MATERIALS THAT MAY BE USED FOR PLATFORMS ON THE LAKE; BY AMENDING EXHIBIT "A" OF ORDINANCE NO. 2008-00038 REGARDING THE SUBSTITUTION OF THE WATER UTLITIES DEPARTMENT OF THE CITY FOR THE PLANNING DEPARTMENT OF THE CITY FOR ALL ACTIVITIES, PURPOSES AND RESPONSIBILITIES THEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, pursuant to Ordinance No. 2008-00038, adopted by the City Council of the City of Lubbock, Texas on second reading on April 24, 2008, the City of Lubbock provided for the creation of the Lake Alan Henry Board of Appeals and adopted regulations related to activities within and/or on Lake Alan Henry and Easements in favor of the City of Lubbock, Texas adjoining Lake Alan Henry (the "Lake Ordinance"); WHEREAS, the Lake Ordinance was adopted pursuant to that certain Compromise Settlement Agreement, entered into between the City of Lubbock and landowners adjoining Lake Alan Henry and/or affected by the Easements, as more particularly described therein, in Cause No. 07-03-06178, styled Templeton Mortgage Corporation, Plaintiff v. City of Lubbock, Defendant and North Ridge Homeowners ssociation, Inc. et al., Intervenor, and Cause No. 07-05-06194, styled North Ridge Homeowners Association, Inc. et a/. v. City of Lubbock, Texas, in the 1 06th District Court of Garza County, Texas (the "Settlement Agreement"); WHEREAS, Settlement Agreement provided that landowners owning lands adjoining Lake Alan Henry and/or affected by the Easements were entitled to join in the Settlement Agreement for a defined period of time prescribed therein; WHEREAS, said period of time to join in the Settlement Agreement shall have expired on or before the date of second reading of this Ordinance; WHEREAS, the City Council of the City of Lubbock, Texas, now desires to define the applicability of the Lake Ordinance and to make minor amendments to the Lake Ordinance, as provided below; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1 SECTION L THAT Section 2-572 ofthe Code of Ordinances, City of ubbock, Texas, is hereby amended to read as follows: Sec. 2-572. Adoption of Regulations. ursuant to the City's police power, the (i) Regulations for New Construction or ariance at Lake Alan Henry; and (ii) Lake Alan Henry Erosion Control Plan (collectively, the "Regulations") attached to this Ordinance as Exhibit A and Exhibit are hereby approved and adopted and made a part of this Ordinance as if copied erein in detail. A Copy of such Regulations shall be maintained by the City for use y the public at Lake Alan Henry; the office of the City Secretary and also at the ater Utilities Department. he tenns and provisions of Ordinance No. 2008-00038 (the "Lake Ordinance") shall pply to and only to the real property included in the Lake Ordinance owned by those ersons or parties, and their successors and assigns, joining in that certain ompromise Settlement Agreement (the "Settlement Agreement"), in Cause No. 07- 3-06178, styled Templeton Mortgage Corporation, Plaintiff v. City of Lubbock, efendant and North Ridge Homeowners Association, Inc. et al., Intervenor, or ause No. 07-05-06194, styled North Ridge Homeowners Association, Inc. eta/. v. City of Lubbock, Texas, 1 06th District Court of Garza County, Texas (the "Subject ction"), Resolution No. 2008-R0161, by, on or before the effective date of this rdinance No. 2008-00038 (a) executing either (i) the Settlement Agreement; or (ii) Acceptance of Comprehensive Settlement Agreement (CSA) With City of ubbock, Texas and Acknowledgment of Becoming a Party to CSA; or (b) joining, y Waiver of Service and Entry of Appearance, in the Subject Action. SECTION 2. THAT Ordinance No. 2008-00038, "Lake Alan Henry egulations For New Construction'\ is amended as follows: y and all references contained or provided in Ordinance No. 2008-00038 to the Ianning Department of the City of Lubbock shall have substituted therefore the tenn 'Water Utilities Department of the City Lubbock" for all activities, purposes and esponsibilities therein. SECTION 3. THAT Exhibit "A" to Ordinance No. 2008-00038, "Lake Alan enry Regulations For New Construction", "Platforms", sub-paragraph (g)(i) is ereby amended to read as follows: g)(i) materials used for structural support or hardware shall be metal, plastic or omposite. Any metal utilized must be galvanized, stainless steel or aluminum; SECTION 4. THAT violation of any provision of this Ordinance shall be deemed misdemeanor punishable by a ftne not to exceed the maximum ftne provided by ection 1-4 of the City Code of Ordinances. Each day such violation is committed or nnitted to continue shall constitute a separate offense and shall be punishable as uch hereunder. 2 • I SECTION 5. 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 6. 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. AND IT IS SO ORDERED . ' Passed by the City Council on first reading this 22ndday of July 2008. Passed by the City Council on second reading this 12th day of August '2008. TOM MARTIN, MAYOR ATTEST: APPROVED AS '!'8 CONTENT: APPROVED AS TO FORM: Richard!LakeOrdinance 2-572 071508 3 Ordinance No. 2008-00069 amends Section 2-572 of Ordinance 2008-00038. The attached copy of Exhibit A is from Ordinance 2008-00038 and is only here as a reference to the amended section. Ordinance No. 2008-Q0038 EXHIBIT A LAKE ALAN HENRY REGULATIONS FOR NEW CONSTRUCTION In order to preserve or protect Lake Alan Henry from uses which would contaminate or otherwise limit or interfere with the use of the Lake as a potable municipal water supply, all construction in or on Lake Alan Henry or on the easements owned by the City of Lubbock shall conform to the following regulations. Unless specifically provided otherwise herein, all activities relating to structures or facilities are prohibited in the Lake, Restrictive Easement and Flood Easement. Permits for new construction must be applied for at the Planning Department of the City of Lubbock, Texas, along with the applicable application fee in an amount proportional to the estimated costs and expenses to be incurred by the City, as to be determined at least annually by the City Manager, or her designee, and will be reviewed by the Lake Alan Henry Appeals Board. These Regulations may be reviewed and revised from time to time by the City Council of the City of Lubbock upon request of City staff or the Lake Alan Henry Appeals Board. Variances to this ordinance, including the activities prescribed or prohibited by the exhibits attached hereto, that will not degrade the primary purpose of the Lake as a potable municipal water supply to an extent greater than as may be caused by the prescribed activities that may be permitted by this ordinance without variance may be granted by the Lake Alan Henry Appeals Board, subject to appeal to the City Council. Community Boat Dock a) A development company or other legal entity owning 100 or more platted lots, as filed of record in the Real Property Records of Garza and/or Kent Counties in Texas, as applicable, may apply for a "community boat dock" permit. The fee for a community boat dock shall be $125 per lot owned by any party or person other than the party development company or entity, payable by development company or entity in advance on the first day of each calendar year subject to annual revision as provided herein. The payment for the first year of installation shall be prorated, based upon the date of permit issuance. Such annual fee shall be increased annually by a sum equal to the annual fee that would be due for such year multiplied by the percentage increase in the consumer price index, as published by the Bureau of Labor statistics of the United States Department of Labor, that averages the changes in prices of goods and services purchased by urban wage earners and clerical workers families and single workers living alone. It is expressly agreed that the development company or entity described herein may assign or convey the Community Boat Dock to the applicable homeowner's association without the consent of the City so long as (i) the City is provided notice of such assignment on or before ten (1 0) calendar days after the effective date of such assignment; and (ii) the applicable homeowner's association expressly assumes all obligations hereunder related 10 to the Community Boat Dock, including without limitation, the obligation to make payments due to City hereunder. b} Community boat docks shall not be located as to interfere with or obstruct access to permitted facilities situated in front of, or traffic to and from, neighboring properties. c) Community boat docks shall be limited to the lesser of: (i) one (1} boat slip per 10 platted lots; (ii) five (5) total slips; or (iii) a total capacity of twelve ( 12) boats. d) Community boat docks shall not be loca~ed in narrow sections of the Lake such that interference with navigation on the Lake will occur. Specific locations may be restricted due to proximity to the main channel or flow of water traffic and/or other safety related considerations in which event a variance from the standard community boat dock measurements and locations may be requested. e) Community boat docks must be constructed of materials approved by the City of Lubbock being substantially similar to the City's boat dock materials. Without limiting the foregoing, the Owner is responsible for assuring that the community boat dock construction and maintenance confonns to the following criteria: (i) materials used for structural support or hardware shall composite. Any metal utilized must be galvanized, stainless be metal, plastic or steel or aluminum; (ii) all flotation shall be of materials which will not become waterlogged (i.e., not over 1 ~ percent by volume according to standards of the American Society for Testing and Materials [ASTM]), is resistant to damage by animals, and will not sink or contaminate water if punctured; (iii) metal covered or injected drum flotation is prohibited; (iv) foam bead flotation with a density of one pound per cubic foot, but otherwise not meeting the prescribed criteria, is authorized if it is encased in an approved protective coating which enables it to meet the above specifications. An approved protective coating is defined as being warranted by the manufacturer for a period of at least eight years against cracking, peeling, sloughing. and deterioration from ultra violet rays, while retaining its resiliency against ice and bumps by watercraft; (v) in the event floats become punctured, or otherwise expose the foam to erosion or deterioration, such floats shall be replaced immediately; (vi) community boat docks shall be designed to float according to the fluctuating level ofthe Lake; 11 (vii) the distance from the water level to the top of the community boat dock shall not exceed twenty-four inches; (viii) decking of the community boat dock shall be either non-slip metal, concrete or a synthetic wood and plastic product~ (ix) carpeting and lumber are prohibited on the community boat dock; (x) submerged anchorage systems are to be installed that shall securely moor the community boat dock and trees, boulders or other natural features shall not be used as anchors; (xi) cables utilized to moor the community boat docks must be galvanized, stainless steel or aluminum and shall not obstruct the shoreline or otherwise create a safety hazard; (xii) anchor design shall be in accordance with sound engineering practice, with submerged anchors being positioned to accommodate low water levels and so as not to present a navigational hazard; (xiii) anchor cables shall be placed in vertical pipes that extend downward from the community boat dock floor into the water to prevent tripping and watercraft hazards, said anchor cables to be concrete with a pin attached with chaffing protection required; and (xiv) community boat dock walkways connecting the bank and the community boat dock shall be perpendicular to the shoreline and shall be connected at the shoreline using either a concrete pad no larger than ten square feet or two metal posts at each side of the walkway. f) No permanent fixtures shall be placed on community boat docks except for boat tie-offs, swim ladders and protective boat guards or floats. No lights shall be permitted except for a maximum of four (4) solar lights per slip, with a maximum height of 30 inches, to be spaced evenly at least twenty feet (20') from the next closest light. g) Except as provided herein, no overnight retention of tents, umbrellas, accessories, buoys, or any other personal property items will be permitted. Overnight retention of boats and jet skis shall be limited to three consecutive calendar days. h) Safety reflectors shall be required on community boat docks on all sides thereof, at intervals of no greater than 20 feet. Metal Stairways or Steps Metal stairways or steps are generally prohibited, subject to variance by the Board under suitable circumstances. 12 Pathways Pathways shall be paved with construction materials, in earth tone color, approved by the City and consistent with topography, native soil, and stone. Asphalt shall not be utilized, in whole or in part, for or in the pathway. Total width permitted: Total paved surface permitted: Disturbed area on either side: 10 feet 6 feet 2 feet A single pathway, constructed in accordance with the terms herein, may be located from the boundary line of the Restrictive Easement across the Flood Easement to the access way or walkway of the Platform at the boundary of the Lake located at 2220 feet above mean sea level, as surveyed in the Conveyancing Instruments. a) Patios shall not exceed 800 square feet total. b) Patios must be located above the Flood Easement. c) Maximum vertical height of any permanent fixture, appliance or wall shall not exceed 42 inches. d) No electricity, plumbing or other utility shall be permitted in the Lake, and/or Flood Easement. Low voltage (<30 volts) lights with buried conduit and a maximum fixture height of 30 inches may be installed and maintained in the Restrictive Easement only. e) Only one patio per lot shall be permitted. f) Electricity and water service to the patio shall be buried conduit and shall solely serve the patio. The route of the electricity and/or water conduit shall be as direct a course through the Restrictive Easement to the patio as is reasonably practicable, such route being depicted in the permit application. The electricity and/or water conduit shall be buried to a depth sufficient so as not to create a safety hazard. g) One Patio Shade shall be pennitted on the patio, if and only if, constructed as follows: ( 1) Foundation shall be constructed as follows: (i) 4 inch thick concrete slab, containing 6 inch by 6 inch -I 0 gauge wire remesh; 13 (ii) Each side of the foundation shall contain a pier running along the entire length of each side of the foundation, at least 12 inches in depth and 12 inches deep, and containing at least two (2) lengths of 112" rebar steel; (iii) The piers for the posts shall be located on each of the 4 comers of the foundation slab and shall be comprised of concrete, at least 30 inches in depth, and 18 inches in width; (iv) 6 inch by 6 inch steel or cedar posts shall be anchored within each of the four 4 comer piers at least 28 inches in depth; and (v) The piers shall be located on each of the four comers on the foundation slab. (2) Material: (i) Cedar or steel 6" X 6" posts. Steel posts must be schedule 40 wall thickness. If steel posts are used in framing, they must be painted to match roof color. All cedar construction must be stained brown; and (ii) rafters, beams, bracing & decking must be cedar construction. (3) Roof: Brown standing-seam metal roof -26 gauge minimum. (4) Height: 8ft. to bottom of beam with maximum height to roof peak 12 ft. (5) Size: 15' X 15' maximum width outside posts with 16" overhang. (6) The patio shade shall be and remain open, unobstructed and unenclosed in any way from the surface of the foundation to the roof. h) In lieu of a Patio Shade, one arbor shall be permitted on the patio, if and only if, constructed as follows: (1) Arbor shall be constructed identically to that as the Patio Shade, (subparagraph (g)), excepting the roof shall be constructed of cedar wood lattice, brown in color, 2" x 2" in size. i) Umbrellas, canopies, tents or other fabric, plastic or cloth devices of any kind designed to deflect or shade sunshine and/or to repel precipitation are expressly prohibited. i) No structure or facility may be located in the Flood Easement. 14 Platforms a) Platforms shall float on the water with the longest portion of the platform being horizontal to the shore line and shall not extend into the Lake a distance greater than 16 feet from the shoreline of the water, it being understood that the level of the water will fluctuate, and shall be identified by reflective sign at least four inches in height, depicting the applicable lot number or other identification of the lot or property to which said platform is attached. b) Platforms shall not be located as to interfere with or obstruct access to permitted facilities situated in front of, or traffic to and from, neighboring properties. c) Platforms shall not be located closer than ten feet to a property line, as such line is extended into the Lake. d) Owners must own at least 100 feet of water frontage to be allowed a permit for a platform. Owners of adjoining property may apply for a joint platform permit in the event ownership of a single tract of land does not meet the frontage requirement herein. e) Platforms shall not be located in narrow sections of the Lake such that interference with navigation on the Lake will occur. Specific locations may be restricted due to proximity to the main channel or flow of water traffic and/or other safety related considerations in which event a variance from the standard platform measurements and locations may be requested. f) The fee for a platform permit shall be $1,000 per year, payable in advance on the first day of each calendar year, subject to annual revision as provided herein. The payment for the first year of installation shall be prorated based upon the date of permit issuance. Such annual fee shall be increased annually by a sum equal to the annual fee that would be due for such year multiplied by the percentage increase in the consumer price index, as published by the Bureau of Labor Statistics of ·the United States Department of Labor, that averages the changes in prices of goods and services purchased by urban wage earners and clerical workers families and single workers living alone. g) Platforms must be constructed of materials approved by the City of Lubbock being substantially similar to the City's boat dock materials. Without limiting the foregoing, the Owner is responsible for assuring that the platform construction and maintenance conforms to the following criteria: (i) materials used for joist and studding shall be metal and all hardware must be galvanized or stainless steel or aluminum; (ii) all flotation shall be of materials which will not become waterlogged (i.e., not over 1 Y2 percent by volume according to standards of the American Society for Testing and Materials [ASTM]), is resistant to damage by animals, and will not sink or contaminate water if punctured; 15 (iii) metal covered or injected drum flotation is prohibited; (iv) foam bead flotation with a density of one pound per cubic foot, but otherwise not meeting the prescribed criteria, is authorized if it is encased in an approved protective coating which enables it to meet the above specifications. An approved protective coating is defined as being warranted by the manufacturer for a period of at least eight years against cracking, peeling, sloughing, and deterioration from ultra violet rays, while retaining its resiliency against ice and bumps by watercraft; (v) in the event floats become punctured, or otherwise expose the foam to erosion or deterioration, such floats shall be replaced immediately; (vi) platforms shall be designed to float according to the fluctuating level of the Lake; (vii) the distance from the water level to the top of the platform shall not exceed twenty-four inches; (viii) decking of the platform shall be either non-slip metal, concrete or a synthetic wood and plastic product, with metal being primarily be used for support functions; (ix) carpeting and lumber are prohibited on the platform; (x) submerged anchorage systems are to be installed that shall securely moor the platform. Trees, boulders or other natural features shall not be used as anchors; (xi) cables utilized to moor the platforms must be galvanized, stainless steel or aluminum and shall not obstruct the shoreline or otherwise create a safety hazard; (xii) anchor design shall be in accordance with sound engineering practice, with submerged anchors being positioned to accommodate low water levels and so as not to present a navigational hazard; (xiii) anchor cables shall be placed in vertical pipes that extend downward from the platform floor into the water to prevent tripping and watercraft hazards, said anchor cables to be concrete with a pin attached with chaffing protection required or when vertical pipes are not feasible, bracing that ties into lands located above the Lake and within the Flood Easement may be employed; (xiv) platform walkways connecting the bank and the platform shall be perpendicular to the shoreline and shall be connected at the shoreline using either 16 a concrete pad no larger than ten square feet or two metal posts at each side of the walkway. h) The surface area of the Platform, excluding the area of any walkway or access way extending from the shoreline of the water and/or the boundary of the Lake located at 2220 feet above mean sea level, as surveyed in the Conveyancing Instruments, to the Platform, shall not exceed a maximum size of 25 feet by 6 feet 6 inches. The walkway or access way may not be less than 4 feet wide and shall not exceed a width of six feet and shall be constructed and maintained as provided herein. i) No permanent fixtures shall be placed on platforms except for boat tie-offs, swim ladders and protective boat guards or floats. No lights shall be permitted except for a maximum often (10) solar lights with a maximum height of30 inches. j) Except as provided herein, no overnight retention of tents, umbrellas, accessories, buoys, or any other personal property items will be permitted. Overnight retention of boats and jet skis shall be limited to three consecutive calendar days. k) Safety reflectors shall be required on all platforms on all sides thereof, at intervals of no greater than 20 feet. I) A maximum of one platform shall be permitted per lot. 17 Boat Ramps a) Except as otherwise provided below, boat ramps are expressly prohibited. Notwithstanding the above, boat ramps shall be allowed on certain lands as previously provided, and in accordance with the terms of, the Memorandum and/or Conveyancing Instruments. Construction Requirements a) The Regulations are enacted to improve the safe construction, operation and maintenance of all construction and other regulated activities within Restrictive Easement and Flood Easement and, insofar as concerns platforms, the Lake, and to promote public health, safety and welfare. Below is a list of national codes that are hereby adopted as the minimum standards for construction and maintenance of structures and facilities, if applicable. It is the permittee's responsibility to ensure: 1. work is completed by licensed professionals who certify that structures and facilities meet all codes (national, state, and local) as applicable, and the Regulations. 2. on-going work is inspected by a licensed inspector, at the permittee's expense, who certifies that structures and facilities meet all codes (national, state, and local) that apply to subject activity, and the Regulations. 3. All activities conform or comply with all federal, state and local rules, statutes, regulations, orders and ordinances that may apply to any activity contemplated herein. \Richard\LAHRegulation4construction I ExhibilA.doc December 26, 2007 18