Item 6MCITY OF
SOUTHLAKE
MEMORANDUM
June 12, 2013
To: City Council
From: Ken Baker — Senior Director of Planning & Development Services
Subject: Ordinance No. 1062: Water Impact Analysis Ordinance
Action
Requested: 1) Conduct Public Hearing
2) Consider 2nd 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 recommends the development of an ordinance to
provide for water consumption impact analysis for projects reaching specific
thresholds. 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 require that certain development
applications provide projected potable water consumption information to city
staff, elected and appointed officials as part of the entitlement process.
The effective date of this ordinance is October 1, 2013 which will allow staff to
develop consumption values applicable to Southlake.
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: 1s' Reading
On June 4, 2013, the City Council approved (5-0) the 1s' Reading of Ordinance
No. 1062 on consent.
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 approve 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.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Attachment `C'
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City of Houston
Planning & Development Services Division
Impact Fee Service Unit Equivalent Table
Recommended SUs are based on 1.0 SU = 250 gpd.
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