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Item 7BCITY OF SOUTHLAKE MEMORANDUM May 15, 2009 TO: Shana Yelverton, City Manager From: Ken Baker, AICP — Director of Planning & Development Services Subject: Ordinance No. 480 -YYY, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to On- Site Sewage Facility (OSSF) Plans. Action Requested: Consider first reading approval of proposed Ordinance No. 480 -YYY, regulations for On -Site Sewage Facility (OSSF) Plan review. Background Information: This amendment is intended to require an external review of the required "OSSF Plan" by the City's "Authorized Agent" for septic system permitting and inspections (currently the Tarrant County Health Department). Such a review would be required for all Concept Plans and Site /Development Plans for properties that will require OSSF systems. Financial Considerations: None. Strategic Link: Infrastructure & Quality Development Citizen Input/ Board Review: A SPIN meeting was held for citizen input on March 23, 2009. The report from this meeting is attached. The Planning & Zoning Commission recommended approval (7 -0) of this ordinance at their meeting held April 9, 2009. Legal Review: This ordinance has been reviewed by the City Attorney. Alternatives: Recommend modifications to the proposed amendment or move forward with the amendment as presented. Supporting Documents: The proposed ordinance amendment is attached. ORDINANCE NO. 480 -YYY AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS IT PERTAINS TO ON- SITE SEWAGE FACILITY PLANS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Section 33.14 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to be immediately served by a sewage collection system connected to an approved community treatment plant or public sewage facility, then such use shall be connected to an approved on -site sewage facility (OSSF) designed and constructed in conformance with the methods and standards approved by the State Department of Health, City's Plumbing Code, and Ordinance No. 514. Where the use of an on -site sewage facility (OSSF) is to be employed, the minimum lot size must be one acre per family, residence or commercial structure, with a minimum usable area of at least one acre, and the use must be approved by the City Council of the City of Southlake. The minimum usable area requirement of one (1) acre per lot shall exclude all areas of the lot (As amended by Ordinance 480 -JJJ and 480 -VW): a. In any flood plains as identified on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM); b. In any drainage and flowage easements; and c. Having topographical limitations as regulated under the standards for on -site sewage facilities in the Texas Administrative Code Chapter 285. For properties proposing an on -site sewage facility, a plan is required that shows the type and location of the on -site sewage facility, topography of the site, location of spray fields, all easements, impact on any existing trees, and any additional information required by the Authorized Agent responsible for on -site sewage facility permitting and inspections. (As amended by Ordinance No. 480 -YYY) SECTION 2 Add the following under Section 4 of the Comprehensive Zoning Ordinance No. 480, as amended, to read as follows: AUTHORIZED AGENT RESPONSIBLE FOR ON -SITE SEWAGE FACILITY PERMITTING AND INSPECTIONS — The individual, organization, or government entity contracted with the City that is responsible for the proper implementation of Texas Health and Safety Code Chapter 366 and Texas Administrative Code Chapter 285. (As amended by Ordinance No. 480 -YYY) SECTION 3 Section 40.3 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: The location of all on -site facilities for liquid and solid waste temporary storage pending disposal. OF °n„ proposed SeP tiG fields For properties proposing on -site sewage facilities, provide the type and location of the on -site sewage facilities, including the topography of the site, location of spray fields, all easements, and-impact on any existing trees, and any additional information required by the Authorized Agent responsible for on -site sewage facility permitting and inspections No building permit shall be issued until such plan has been reviewed and approved by the authorized agent nor shall any certificate of occupancy be issued until the system has been properly installed and inspected by the authorized agent. (As amended by Ordinance No. 480 -YYY) SECTION 4 Section 41.3 of the Comprehensive Zoning Ordinance No. 480, as amended, is hereby amended to read as follows: q. For properties proposing on -site septiG systems sewage facilities, provide the type and location of the on -site septiG SySteMS sewage facilities, including the topography of the site, location of spray fields, all easements, andimpact on any existing trees, and any additional information required by the Authorized Agent responsible for on -site sewage facility permitting and inspections No building permit shall be issued until such plan has been reviewed and approved by the authorized agent nor shall any certificate of occupancy be issued until the system has been properly installed and inspected by the authorized agent. (As amended by Ordinance No. 480 -MMM and further amended by Ordinance No. 480 -YYY) SECTION 5 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 10 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 11 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the... MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ... MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CITY OF SOUTHLAKE TEXAS SPIN MEETING REPORT CASE NO. Ordinances 480 -WWW and 480 -YYY PROJECT NAME: Solar Energy Systems; On -Site Sewage Facility Plans SPIN DISTRICT: Citywide MEETING DATE: March 23, 2009 MEETING LOCATION: 1400 MAIN STREET, SOUTHLAKE, TEXAS MEETING ROOMS 3A & 3B TOTAL ATTENDANCE: Twenty -seven (27) • SPIN REPRESENTATIVE(S) PRESENT: Vic Autry ( #10) • APPLICANT(S) PRESENTING: Clayton Comstock, Planner II and Daniel Cortez, Planner I, City of Southlake • STAFF PRESENT: Ken Baker, Planning & Development Services Director; Dennis Killough, Planning & Development Services Deputy Director; and, Lorrie Fletcher, Planner I STAFF CONTACT: Lorrie Fletcher, (817)748 -8069; Ietcher@ci.southlake.tx.us EXECUTIVE SUMMARY Details • The City of Southlake is proposing amendments to the Zoning Ordinance No. 480, as amended, for a Solar Energy Systems ordinance that will require a specific use permit and regulations for the installation of solar energy systems in residential and non - residential zones, as well as, modifications regarding On -Site Sewage Facilities. QUESTIONS & DISCUSSION FOR 480 -YYY, On -Site Sewage Facilities (OSSF) QUESTION: What if you have less than an acre and there is no sewer line nearby? How can I replace my system? RESPONSE: I believe you would be grandfathered in unless you were rezoning /rebuilding residence. QUESTION: What is the difference between an aerobic and anaerobic system? RESPONSE: The anaerobic system is the traditional septic system which is not appropriate for every soil type and has greater potential for odor, blockage, and environmental impact. An aerobic system introduces air into the system which grows bacteria that eat the effluent and is typically used with spray heads; can be a costlier system. DISCUSSION: Why is Tarrant County regulating the city's sewage systems? Why is there so much government involvement? QUESTION: When will Southlake offer sewer lines to all homes in the city? RESPONSE: That would be a very costly endeavor. The sewer projects are put on a CIP list every year. You can check with Public Works to see if your location is on the list. QUESTION: Once sewer becomes available, do we have to hook up? RESPONSE: For new permits, yes. QUESTION: Are existing systems affected by this? RESPONSE: No QUESTIONS & DISCUSSION FOR 480 -WWW, Solar Energy Systems QUESTION: Does the permit allow for vacant lot use? RESPONSE: No, each permit will be associated with a lot that contains structure(s). DISCUSSION: Why not? It's our land... who does it hurt? Roof mount regulations need to be more flexible. This is too restrictive and serves no purpose. We want the city to allow ground installations / solar farms. RESPONSE: The Solar Energy Systems ordinance was reviewed by the Planning and Zoning Commission and these regulations were written in response to their concerns. This is a starting point. We will need to go through the process to see how to regulate most efficiently. You will have opportunities to voice your concerns during public hearings at P &Z and City Council. QUESTION: How much will the permit cost? RESPONSE: A specific use permit application fee is $200. DISCUSSION: What constitutes the free standing requirement of 10 feet from the house? QUESTION: How long before this gets through? RESPONSE: It will ultimately be a City Council decision. The ordinances go to the Planning and Zoning Commission on April 9. DISCUSSION: What about V- shaped technology? V- shaped roof mounting raises a fire issue... consider pole mounting. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council.