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HomeMy WebLinkAboutOrdinance - 2001-O0009 - Amending Chapter 21 & 25 Development Of Playa Lake Areas - 02/08/2001First Reading January 25, 2001 Item No. 21 Second Reading February 8, 2001 Item No. 13 ORDINANCE NO. 2001-00009 AN ORDINANCE AMENDING CHAPTER 21 AND CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO DEVELOPMENT AND/OR ACCEPTANCE OF PLAYA 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 of the citizens of the City of Lubbock 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 21-61 — 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. Stormu°ater Detention Basin shall mean a lake area deeded for the primary use of stormwater 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 Section 21-75 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read 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 or conveyance 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 or deeded to facilitate storm water drainage. The P� subdivider shall dedicate or deed 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 deeded to the City of Lubbock 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 deeded to the City of Lubbock 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 25-4 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 same as 25-3(d)(1) through (6). Any approved plan shall remain in force until the plan is submitted for amendment 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 sampling of the total fill may be obtained. 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 predicted peak water elevation of a lake as determined by procedures outlined in the Drainage Criteria Manual shall be dedicated to facilitate storm water drainage. The subdivider shall dedicate or deed to the City of Lubbock as applicable, 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 deeded by General Warranty Deed to the City of Lubbock 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 deeded by General Warranty Deed to the City of Lubbock 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 stone 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 deeded by General Warranty Deed to 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 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. The requirements set forth in the Policy for Playa Lakes Development for storm water detention basins shall have been met. f. The subdivider shall maintain the property for a period of sufficient time to satisfy the City Engineer that such property is acceptable for City ownership. At the end of such period the City will review the property to determine the advisability of City ownership. In the event the City shall deem ownership advisable. the City may accept ownership at that time. (6) The following standards shall be met prior to the final plat of a city park 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. 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. The requirements set forth in the Policy for Playa Lake Development for City parks shall have been met. f. The subdivider shall maintain the property for a period of sufficient time to satisfy the City Engineer that such property is acceptable for City ownership. At the end of such period the City will review the property to determine the advisability of City ownership. In the event the City shall deem ownership advisable, the City may accept ownership at that time. (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 or general warranty 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 until 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. e. All fill areas shall conform to the requirements of the drainage criteria manual and shall be subject to items (2)(a) through (e) and 25-4(f)(2). f. The lake area volumes shall conform to the requirements of the drainage criteria manual. (8) The conveyance of the lake areas for storm water detention basins shall not prohibit the use of such area for public activities not inconsistent with storm water drainage and impoundment. SECTION 4. 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 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 25th day of January 2001. Passed by the City Council on second reading this FEWIfIL1IM — -R 9LN�� Rebecca Garza, City Secretary APPROVED AS TO Larry Hertel,/ City Engineer APPROVED AS T Richard K. Casner Natural Resources Attorney RKC:cp L°cityattirichard\Playa.ord.-2-Redline-Accepted January 1 I, 2001 8th day of February , 2001. WINDY SI ON, MAYOR