Loading...
1062 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 A PENALTY FOR VIOLATIONS; 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 Tess than 1" or a single non - residential meter of Tess 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. PENALTY 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. EFFECTIVE DATE This ordinance shall be in full force and effect beginning October 1, 2013 and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 reading the 4 day of June, 2013. MA OR Cr 91 110/ 7N,, ,, ATTEST ;.�,..... kF J.- ivy CITY SECRETARY "•••••...•••'• i' * .s. PASSED AND APPROVED on the 2 reading the 18 day of June, 2013. MAYOR ATTEST: c o o ••.•.•, • • • 1 (1A- 6-0 Z-XiLigk CITY SECRETARY % ' / ` Y y y ''' ' * i ,,,,, APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ` DATE: ,G kL. fi /3- ADOPTED: /d o2-"0/3' EFFECTIVE: 0&441. / 45' INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. RECEIVED Invoice Number: 326065091 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 6/21/2013 Federal Tax ID 26- 2674582 JUL 1 5 2013 Terms: Net due in 21 days Due Date: 6/30/2013 Bill To: PO Number: 21300100 CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST Order Number: 32606509 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 6/21/2013 ..�"'`�` I ' 6 9 '�"k". vs°.. r 3y °'�. a. r S � 0"„$ 3 B pd CITY OF SOUTHLAKE, TEXAS CITY 0; ORDINANCE NO. 1062 CT DIN I3580 1 37 37 LINE $2.40 $88.80 WATER IMPA ANALYSIS ORDINANCE AN ORDINANCE ESTABLISHING Sales Di; ($45.40) MPA T ANA YSISR OR NEW DEVELOPMENT WITHIN THE CITY M1SC Fe( qF PURPO EKEPROV DIr FOR $5.00 DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REVIEW PROCESS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING Net Amount: $48.40 A SEVERABILITY CLAUSE; PRO- VIDING A PENALTY FOR VIOLA- TIONS; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWS - PAPER; AND ESTABLISHING AN EFFECTIVE DATE. 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 Five aanv p�,, i CHR{STY LYNNE HOLLAND , Hundred Dollars ($500.00) for each , �..p,, offense. Each day that a violation a +; •l= Notary Public. State of Texas is permitted to exist shall consti- z My Commission Expires tute a separate offense. ; %.,,,;; ..,.� .` c F t�• July 31, 2016 Passed and approved this the 18TH ,,. THE S' day of June, 2013 during the regular - Count City Council meeting. y Mayor: John Terrell Attest: Alicia Richardson, City Sec- retary Before ..._, , . _._.. _ . __ I County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly swom, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 Signed SUON .. \ \ N ( C 1 C&,.2%. SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, J e 2 , /13. Notary Public _ ..144(.. _ 1 .�Abb,` ∎ ✓i Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 326065091 Invoice Amount: $48.40 PO Number: 21300100 Amount Enclosed: $ mm INVOICE Star- Telegram Customer ID: CIT57 808 Throclanorton St. Invoice Number: 325313541 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 4/24/2013 Federal Tax ID 26- 2674582 RECEIVED Terms: Net due in 21 days Due Date: 4/30/2013 Bill To: CITY OF SOUTHLAKE MAY 1 5 2013 PO Number: 21300100 1400 MAIN ST r -,- T ., _ -; _ Order Number: 32531354 STE 440 FINANCE FINANCF Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: PUBLIC HEARING Attn: Attn: ACCOUNTS PAYABLE Publication Date: 4/24/2013 d `‘ yw� i 9 B ! 3 PUBLIC HEARING NOTICE CITY OF I3580 1 86 86 LINE $17.28 $1,485.92 Sales Discount ($1,348.86) Misc Fee $10.00 RECEIVED L. Net Amount: $147.06 MAY 1 6 2013 OFFICE OF CITY SECRETA. •S: 14 CHRISTY LYNNE HOLLAND j, ; 6 Notary Public, State of Texas r i log My Commission Expires �'� 4 tz July 31, 2016 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 ■ Signed ' �1�� - s - SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday Apri i 2013. Notary Publ /`L, 4 Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 325313541 Invoice Amount: $147.06 PO Number: 21300100 Amount Enclosed: NOTICE Notice~ fs l er b vPn to =all . .ested persons that --the. City of ;;ii - S ouhla_ke, Tlexas, dkconsi r the 1 - 1foH owieg items in the lCouncil Chambers?atiTown Haa11,1400:Mam -Street, Southlake, fora _ i ngg and Zoning' Co ssron on •Planni i S Thursday,;May�9;2011,•at tg. - m. x or immediaatey i following the r Planningrand`Zoning Work ,i; • wili 'hold. a; ubtic hearin "'Wand ? consider r- _ + d 036, , Preiimina P et fo I Ridge iew.,11 on: property described ': [ gas.. Tr ,al gg,1A1*.r 1 .4 2 , , alA v wzi Ag, `wilompson'Suun bstract Noz_; .115002 :Addition,,.5outhlake,Tarrant, - rouoty" Texas andRbeirig locate0t •- S585Sn725 "Da`Tiis Boulevardd 56uth- lake, Tex s CurrenttZomm�AG :-- i Agriculture : S eigh=t - 7borhood k-10 - , 10 kZA133- -037f, : Preliminary Piat•f �T Savanna Estates'o ,property described,. as„Tracts51BP1B2, 1B2A, 1B2A1 .2Bp`2C 3 4A, 4414A2g4AgMBRIAB1 '4B245A 5A A k5BT55C, 6 "Ar6A1, 6A1A, : ' -6A2 - 6A ' and�''6B R4PXEstes { Subdi isr and. Traacts 1B -1B1 - �181.4 61B1.A1 1B1B jB181;e1B1C ' v 1B1D andiiB2»T Nia`rtin�Survey, i. Abstract _..N.o..1134,?•Southlake, .Tarrant County; Texas and generally ; Iowted atRthe~ norrthwest$corner of fW.: Dove Rd,and a; n ouiityeliff 3Curfent ,Zoning: R.p�iJA,:.- „� m i ksiaentiai PlaMled `nitt ~ - ReveeIope” ApIN . . Neighboorhoo 15 i. ; City" Council on ni y ;May 1, , : V D tilaaorimmediately f he - C - xCountil l r Sesssio 11151 o itihc iear�ng r4- consider a - ; '•Resplutior Nof.3 022. Z 2 -080), S ifi' Usei=;Permita• o telecom municationsstowersantennas , ornancdlary strrictures on- property described ,as=Tract:2A03,. Francis �Throop'S niyey Abstract No 1511; , tCity of Soutlilake"'Texa Tarrant Coup yt Texas Iocatedratt1200ONorth Kimball Avenue; Southlake, Texa a CurrenttlZoitmg :B ifBaiiness -Ser, . wire" Park' District: SPINIiNeighbor CitygCou ci : o E�Tu t+June 4, 2013, a1 amoVi qor i imediate)ga following h :City Counal� - Work ,Sess,on,w111 holdf public fi anng'l inandreonside - • :,-- n o .-480- 636i(Z 13 -035), , � Ordi '4 Zonin`�Change ° s andg D`e ve o merit f Pla h*n o dgelnew 11�a°i�i proper described as i ` 1A2;X 0. ..A''1�A`2B,i i`A4 . TrJ T ompso Survey AbstraRN6•1 1502- AA Suthlake -Tarr :l C ouiiT Texase d0bemejocate"digi 5- 725Da vis Boliievard,5outh +,� 58 ,lake Texas-4Current ,Zoning: a•AG . Agriculture _ District Requested Zoning � nsition, Zoning � •Ord n n'cee N� Tra 106h, 2nd Rea" ding I adoptin he t city ofr, Southlak Water Im ,Analysis9Orignance _! Ali trite steel persons - are u ed�`to< ; attend,� - ' (city ofsSo 1 ., �Ci - __ sere_ __..