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Item 7ECITY OF SOUTHLAKE MEMORANDUM May 29, 2013 To: City Council From: Ken Baker — Senior Director of Planning & Development Services Subject: Ordinance No. 1062: Water Impact Analysis Ordinance Action Requested: Consider 1" Reading approval of proposed Ordinance No. 1062 Background Information: The Water Impact Analysis Ordinance is being proposed as a result of the adoption of Southlake 2030: Water Conservation Master Plan. The Water Conservation Master Plan recommended that the development of an ordinance to provide for water consumption impact analysis for development projects reaching specific thresholds be adopted. Staff has since developed an ordinance that meets the intent of this recommendation and is presenting it to City Council for consideration. The purpose of this ordinance is to provide projected potable water consumption information to city staff and elected or appointed officials for proposed new development or redevelopment that may limit the city's ability to supply adequate water supply or potentially have a significant impact on the City of Southlake's water supply or its adopted Water System Master Plan. Financial Considerations: None. Strategic Link: The Water Impact Analysis Ordinance relates to the Infrastructure, Quality Development and Performance Management & Delivery focus areas of the City of Southlake's strategy map. Citizen Input: A Southlake Program for the Involvement of Neighborhoods (SPIN) meeting was held on April 22, 2013. A report of this meeting can be found as Attachment (A) of this memo. City Council: If approved at 1st Reading on June 4, 2013, the public hearing will be held on June 18, 2013. Legal Review: This ordinance has been sent to the City Attorney for review. Alternatives: Recommend modifications to the proposed Ordinance No. 1062: Water Impact Analysis or move forward with the Ordinance No. 1062: Water Impact Analysis as presented. Attachments: (A) SPIN Report from April 22, 2013 (B) Ordinance No. 1062: Water Impact Analysis Ordinance (C) Samples of Water Usage Calculations Staff Contact: Ken Baker (817) 748-8621 Bob Price (817) 748-8098 Attachment `A' 13SOUTHLAKE SPIN MEETING REPORT PROJECT NAME: Water Impact Analysis (Ordinance No.1062) SPIN DISTRICT: City-wide MEETING DATE: April 22, 2013; 6:00 PM — 7:00 PM MEETING LOCATION: 1400 Main Street, Town Hall, 3`d Floor Training Rooms C/D Southlake, TX 76092 TOTAL ATTENDANCE: Thirteen (13) STAFF PRESENTING: Daniel Cortez, Planner II STAFF CONTACT: Daniel Cortez, Planner II, (817) 748-8070, dcortezpci.south Iake.tx.us SUMMARY The Water Impact Analysis Ordinance is being developed as a result of the adoption of the Southlake 2030: Water Conservation Master Plan. The purpose of this ordinance is to provide City staff along with elected officials an estimate of water consumption for a proposed development project based on average water consumption data for similar type existing developments within the City. COMMENTS/ QUESTIONS I FEEDBACK • Why not require this for all development projects? o There are some development projects, though few, which are not required to go through a public hearing process. This is the point in the process where we would intend for the developer to provide this information. The main goal of this ordinance is to provide staff and City Council a general idea of how much water a development may impact the City's water system, particularly if it being developed inconsistent with the City's future land use map. The City's water system is planned for based on the adopted future land use map. • Are the City's rates much more expensive than other cities? o I believe the rates for Southlake are just about average if not maybe a bit higher. I do know there are other cities which charge much more depending on usage, just as Southlake does. • Is there a way to notify residents that our rates will be going up rather than hitting us all abruptly with the high cost? o I'm sure there is and I would think that if there is going to be any kind of significant change within our rates that our utility billing division would notify in your water bill. This is mostly part of another recommendation that came out of the water conservation master plan where the city would frequently analyze the rate structure having conservation being a driver for determining rates. From a regional perspective, is the City having discussions with the other area cities about this problem and how we can plan for it? o There has been some discussion in the passed on regional basis but even more importantly is the state has had the discussion. Texas does have a state water plan that has additional sources of water that are expected to also provide additional water for the Metroplex. The funding for a large percentage of these additional sources of water that is to come from conservation measures. Why doesn't Southlake do more or the state do more to conserve water? Southlake is taking its first steps in a comprehensive approach to begin tackling the water conservation topic. Other cities have more stringent requirements but Southlake has laid out some framework of future measure we will be looking into and potentially adopting through the recommendations of the Water Conservation Master Plan. This ordinance coming from one of those recommendations. In terms of the state's action, Texas is one of the more proactive states to address water conservation and has a very comprehensive plan on how to deal with the issue through the state water plan. How can we get the state or city to do more? Just like with any other issue that involves elected officials, it's important to communicate your concerns to your state legislators. In terms of the City of Southlake, know that our Council very much so considers this an important topic and is the reason the water conservation master plan was adopted last week so staff can have some direction on what measures for conservation to look into and adopt. If we require pressure regulated heads on commercial properties irrigation systems, why not on all types of properties? don't know why we required it only on commercial properties in the past, but in the water conservation master plan we do have a recommendation to look into adopting some revisions into the plumbing code 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. Attachment `B' ORDINANCE NO. 1062 WATER IMPACT ANALYSIS ORDINANCE AN ORDINANCE ESTABLISHING REQUIREMENTS FOR A WATER IMPACT ANALYSIS FOR NEW DEVELOPMENT WITHIN THE CITY OF SOUTHLAKE; PROVIDING FOR A PURPOSE PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REVIEW PROCESS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND ESTABLISHING 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 Council of the City of Southlake heretofore adopted Ordinance No. 1062, providing for requirements of a water impact analysis for certain new development which are located within the City of Southlake, Texas; and WHEREAS, the City Council considers it desirable and in the best interest of the public health, safety, morals and general welfare of the citizens of the City to provide for an assessment of water consumption for new development as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. PURPOSE The purpose of this ordinance is to provide projected potable water consumption information to city staff and elected or appointed officials for proposed new development or redevelopment that may limit the city's ability to supply adequate water supply or potentially have a significant impact on the City of Southlake's water supply or its adopted Water System Master Plan. It is the intent of this ordinance to ensure a plan for orderly implementation that an adequate water supply is available or can be provided to accommodate peak water demand for new development or redevelopment and will not adversely affect existing water system users or the overall efficiency of the City's water system. SECTION 2. DEFINITIONS Applicant: The person or developer that proposes a change in zoning, site plan, development plan, concept plan or amendment to the City's Land Use Plan. Director: The Director of Public Works or his/her designee. Development: Any manmade change to improved or unimproved land, including but not limited to, buildings and/or other structures, paving, drainage, utilities, storage, and agricultural activities. Redevelopment: Any manmade change or alteration to a design and/or layout of an existing development(s) including repair, expansion and/or removal and replacement of existing building and/or structure, paving drainage, utilities, storage and/or agricultural uses. Water Impact Analysis: A study or information regarding projected peak daily water use of a proposed development or redevelopment project based on water demand factors provided by the City of Southlake or other standards accepted by the Director of Public Works. Water System The Texas Commission on Environmental Quality (TCEQ) regulated drinking water system operated by and licensed to the City of Southlake for the purpose of providing drinking water and irrigation systems to utility system customers. Water System Master Plan: A component of the City's Comprehensive Plan that addresses water system improvements by identifying and prioritizing infrastructure that will require improvements to meet the projected growth anticipated as guided by the City's adopted Future Land Use Plan. SECTION 3. APPLICABILITY This ordinance shall apply to development or redevelopment projects requiring a public hearing by City Council or the Planning & Zoning Commission when any of the following applies: a) an application is made for an amendment to the City's adopted Future Land Use Map that may include a text amendment to the Consolidated Land Use Plan; or b) the project site is located within the Mixed Use or Industrial land use categories as identified within the City's Future Land Use Map; or c) any proposed commercial or industrial building exceeding thirty -thousand (30,000) square feet in size; or d) any project that contains a hospital or hotel use within the proposal; or e) any project needing a residential meter greater than 1" or a non-residential meter greater than 2"; or f) any project proposing oil and gas well drilling and production; or g) any project proposing to install a retention pond that may be filled or supplied by the City's drinking water system; or h) any project that may require a significant amount of water consumption as determined by the Director. SECTION 4. EXEMPTIONS The Director may exempt a project from providing a Water Impact Analysis if: a) the project will not be served by the City's water system; or b) a single residential meter of less than 1" or a single non-residential meter of less than 2" is needed. SECTION 5. REVIEW PROCESS This ordinance shall require that a Water Impact Analysis be submitted with development applications as required in Section 3 of this ordinance. A completed and approved Water Impact Analysis Worksheet, as evaluated by the Director, may serve as the applicants Water Impact Analysis on their project proposal. The information obtained from the Water Impact Analysis shall be considered by elected and appointed officials with recommendation of the Director when assessing the impact on the City's water system of a project. SECTION 6. CUMULATIVE CLAUSE 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 7. SEVERABILITY 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 8. PUBLICATION 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 passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9. EFFECTIVE DATE This ordinance shall be in full force and effect from and after October 1, 2013. PASSED AND APPROVED on the 1st reading the 4t" day of June, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 18t" day of June, 2013. 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Line No. Type of Development Service Unit Equivalent Per 1 Bakery 0.0019 Square Foot 2 Banquet Hall (No conking, warming kitchen only) 0,0200 Occupant 3 Barber Shop 0.6048 Bowl 4 Beauty Shop or Beauty Salon 0.6049 Bowl 5 Bowling Alley (Dining Additional Charge) 0.8000 lane 6 Car Repair (Office Additional Charge) 0-OD020 Square Foot 7 Carwash, Tunnel, Self -Service 8.00 Carwash 8 Carwash Tunnel, with Attendant 39.60 Carwash 9 Carwash, Wand Type, Self Serve 1.S4 Carwash Bay 10 Church or Fellowship Hall 0.0037 Occupant 11 Club, Tavern, or lounge 0.0399 Occupant 12 Concert Hall D.0399 Occupant 13 Country Club 0.4032 Member 0.1008 Guest 14 Dance School or Dance Studio 0.0399 Occupant 1s Day Carr Center 0.0399 Occupant 16 Dormitory (Dining Additional Charge) 0.3604 Bed 17 Firr Station (Dininji Additional Charge) 0.3604 Capita 18 Fitness Center/Club - Freestanding 0.0015 Square Foot 19 Fitness Club within shopping center 0.0399 Occupant 20 Funeral Home (Services Per Week) 0.39 Service 21 Gas Station with Carwash 11-78 Station 22 Gas Station without Carwash 2.21 Station 23 Grocery Store, 5,000 28.999 Sci Ft 0.00033 Square Fool 24 Grocery Store, 29,00Dr Sq Ft 0.0009 Square Foot 25 Homeless Sheller No cooking or dining) 0.1313 Bed 26 Hospital (Dining Additional Charge) 0.8001 Bed 27 Hotel or Motel, with or w/o kitchenettes 0.7554 Room 28 Manufacturing 0.00020 Square Foot 29 Mobile Home Park 1.00 Space 30 Movte Theater 0.0200 Seat 31 Nall Salon (Manicure or Pedicure) 0.0004 Square Foot 0.3024 Bowl 32 Nursing Home (Salon & Dining Additional Charge) 0.3604 Bed 33 Office (includes studio, therapy & massage) 0000237 Square Foot 34 Park 0.0200 Occupant 35 Post Office, Excluding Dock 0.000320 Square Foot 36 Prison 0.3654 Capita 37 Racquetball Court 0.6426 Court 38 Recreational Vehicle Park 0.3000 vehirle 39 Residence, Apartment with washer/dryer 0.4762 Unit 40 Residence, Apartment without washer/dryer 0.4046 Unit 41 Residence, Condominium 0.4762 Unit 42 Residence. Single Family or Townhouse, up to 300D Sq Ft (Additional charge of 0.0002 SU per Sq Ft over 3000 Sq Ft) 1.0000 Unit 43 Restaurant, Fast Food 0.0021 Square Fool 44 Restaurant, Full Service/DininBar Area 0.0033 Square Foot 45 Retail 0.000281 Square Foot 46 School (College, High, Middle. Elements 0.0198 Seat 47 Skating Rink 0,0200 Capita 48 Sladiurn 0.0126 Sea! 49 Swimmin Pool 0 02DO Swimmer 50 Toilet (Park Amenity) 0.164G Toilet 51 Transportation Terminal (Dining Additional Charge) 0.0200 Passenger 52 Warehouse 0.000121 Square Foot 53 Nlashaterla 0.5b39 Machine 54 Watei Dispensing Unit Freestanding 4.5030 Unit