Item 4MCITY OF
SOUTH LAKE
MEMORANDUM
October 29, 2014
To: City Council
From: Ken Baker, AICP — Senior Director of Planning & Development Services
Subject: Amendment of Zoning Ordinance No. 480-QQQQ (ZA14-114)
Action
Requested: Conduct a 1s' Reading and consider approval of an amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, adding language to
allow above ground cisterns.
Background
Information: Trium Development Partners recently received approval of a Site Plan for
Kimball Business Center (Stadium Southwest), an approximately 50,000 square
foot office/warehouse industrial development under Planning Case ZA14-003.
This development was approved on March 18, 2014 by the City Council. As the
development of the site has continued the applicant has expressed interest in
implementing sustainable practices on site such as installing above ground
cisterns.
Above ground cisterns are large containers typically used as rain water
collecting systems which are then used to irrigate land. The applicant is
proposing to install two above ground cisterns on the approved development.
The City currently has no method of approval of these above ground cisterns in
the Zoning Ordinance No. 480, as amended, therefore the applicant is
proposing to add language to Section 45 (Specific Use Permits) of the City's
Zoning Ordinance to allow the use of above ground cisterns through the
approval of a Specific Use Permit by City Council. The following language
shown in red is proposed to be added to Section 45 of the City's Zoning
Ordinance:
45.1 GENERAL PROVISIONS - The uses listed in this section are prohibited
in the City of Southlake unless and until a specific use permit is granted
for such use by the City Council in accordance with the requirements
and procedures set forth in this Section. A specific use permit shall be
required for the following uses (as amended by Ordinance No. 480-D):
Specific Use
District Where Permitted
47. Above ground cisterns for landscape irrigation
All non-residential zoning
districts and open space lots in
all districts.
A Specific Use Permit is also being requested concurrently with this Zoning
Text Amendment under Planning Case ZA14-115. The exhibits for the
proposed cisterns at Stadium Southwest can be found under Attachment `A' of
this memorandum. The City Council will consider the cisterns for Stadium
Southwest only if this Zoning Text Amendment (480-QQQQ) is approved by
City Council at 1st Reading. The City Council will then consider the Specific Use
Permit in conjunction with the Zoning Text Amendment at that time.
Southlake 2030: Water Conservation Master Plan
Water conservation has increasingly been an important element of Southlake's
long range goals due to the rapid growth of the region, greater demand for
water resources and uncertain environmental drought conditions that all affect
the City and its residents. During the development of the Water System Master
Plan in 2012, the consultants provided the City with important information on
Water Demand Projections, Water Supply, Storage, Pump Stations, Distribution
System and Recommended System Improvements. One of these
recommendations that resulted from the analysis was for the City to consider
the development of a more comprehensive water conservation plan in order to
help ensure future water needs of the city are met.
The City Council approved and adopted the Water Conservation Master Plan in
April of 2013. Within this plan several recommendations were adopted for the
City to implement in the future. One of these recommendations pertaining to the
applicants request is as follows:
WC-21: Develop and implement rainwater harvesting/grey water use policy in
development projects.
This recommendation was listed as
anticipated to be addressed within 4 to
By adopting a policy/regulation sooner
achieving its water conservation goals.
a Tier 2 project that means it was
6 years from the adoption of this plan.
rather than later will assist the City in
Citizen Input/
Board Review: A SPIN meeting was held related to this proposal on October 14, 2014. A copy
of the SPIN meeting report can be found under Attachment `C' of this
memorandum.
A public hearing will be held by both the Planning and Zoning Commission and
City Council.
Legal Review: This item is under review by the City Attorney.
Attachments: A)
Applicants Letter & Exhibits
B)
Staff Recommendations
C)
SPIN Report
D)
Ordinance 480-QQQQ
Planning & Zoning
Commission: October 9, 2014; Approved (7-0) to Table at the applicants request so staff can
provide recommendations and conduct research on above -ground cisterns to
the next Planning & Zoning Commission meeting on October 23, 2014.
October 23, 2014; Approved (6-1) the amendment to Section 45.1 (Specific Use
Permit) to allow in paragraph 47 a specific use for above ground cisterns for
landscape irrigation in all zoning districts and open space lots in all districts; the
following will be permitted in all zoning districts as an accessory use which can
be administratively approved by staff, above ground cisterns that meet all of the
following:
1. Less than 500 gallons,
2. Less than 14-feet in height,
3. Setbacks consistent with the zoning district in which the cistern is proposed,
4. Screened from view from public right-of-way or adjacent residential property
with landscaping, principal structures or opaque fencing,
5. The location to be in the rear or the side of the principal structure on site on
non-residential districts and setback requirements of underlying zoning districts,
6. The materials to be compatible with the architecture and/or color of the
principal building or structure,
Additionally with respect to commercial applications only, that they have a
minimum 2-foot stone, brick or other masonry material base, on residential
there is no minimum requirement for such a feature, no cistern shall have any
logos or signs, and all above ground cisterns on open space lots in common
areas in all districts will require an SUP, and if the above ground cisterns are
not able to meet the requirements as an accessory use to be administratively
approved by staff that it would require an SUP (Specific Use Permit), amending
the motion to include that there will be no aerial piping or gutters permitted
within any of the districts, further amending the motion to remove the restriction
on aerial gutters and piping.
Staff Comments: The City Council does have the ability to propose modifications to the
applicant's proposed language for above ground cisterns in Section 45.
Attachment `B' of this memorandum summarizes the options presented to the
Planning & Zoning Commission. To summarize the Planning & Zoning
Commissions motion, the table below shows the recommended method of
approval the Commission has recommendation:
Section 34.1.hh — Accessory Uses
Accessory Use
District Where
Permitted
hh. Above Ground Cisterns provided that the requirements
All Districts*
outlined in Section 34.1.hh below are met, otherwise it will
*Any open
require approval of a Specific Use Permit by City Council per
space lots or
Section 45 of the City's Zoning Ordinance.
common area
1) Maximum Height: 14-feet
lots in any
district will
2) Setbacks: Per underlying zoning district
require
approval of a
3) Screening: Screened from public right-of-way by
Specific Use
landscaping, buildings or opaque fencing
Permit
4) Location: Side or rear of principal structure on property
5) Materials: Compatible with architecture and/or color of
the principal building or structure. *Non -Residential
Properties shall also have a minimum 2-foot masonry
base
6) Other Requirements: No signage permitted on above
ground cistern
A Specific Use Permit is also being requested concurrently with this Zoning
Text Amendment under Planning Case ZA14-115 that will be presented to the
City Council at their 2nd Reading of this item. The Specific Use Permit will only
be considered if 480-QQQQ.
Attachment A
TRIUM DEVELOPMENT PARTNERS
5815 Elderwood Drive
Dallas, TX 75230
214-675-8411
September 5, 2014
Mr. Dennis Killough
Deputy Director of Planning & Development
City of Southlake
1400 Main St.
Suite 310
Southlake, TX 76092
Re: Specific Use Permit for 925 S. Kimball, Southlake, Texas 76092
Dear Mr. Killough:
Please find attached a Specific Use Permit Application to request the use of a rainwater harvesting system for
the proposed new development known at Stadium Southwest located at 925 S. Kimball, Southlake, TX
76092.
Our desire to install the rainwater harvesting system is consistent with the City of Southlake's desire to
conserve one of North Texas' most valuable resources, water. The City's Water Conservation Master Plan,
which was adopted by ordinance in 2013, speaks of conservation measures of which this is one. Additionally,
the City has a web page dedicated to the conservation of water and its increasing importance due to the rapid
growth of the entire region. We believe this to be truly a groundbreaking project to show the City and the
region the benefits of utilizing rainwater for irrigation. While not 100 percent self-sustaining, our engineering
consultant has shown that we can potentially conserve several hundred thousand gallons of water per year
with our proposed system.
The system will require the installation of two cistern structures which we have proudly designed into the
architectural design of our buildings. Additionally, we have provided the technical design of the system and
an architectural rendering of the cisterns as well for your review.
We look forward to presenting any additional details required for the Specific Use Permit approval and are
available to answer any questions that may be asked regarding this project.
Sincerely,
1 ,
Danicl . Andcrson - Principal
Trium Development Partners
Cc: Andrew Beckman
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Attachment B
The following staff recommendations are specific areas that City staff has determined to be important
and should be considered by the City Council when adopting this ordinance. The options listed below
would pertain to above -ground cisterns on non-residential districts and all open space lots in any
district under a Specific Use Permit approval process but can be amended in any way as determined
by City Council.
Size (Volume)
Option A
Option B
Option C
< 100 gallon tank permitted as
No specific requirement
accessory use
> 100 gallon tank permitted by
All tanks of any size
Evaluated by P&Z and City
SUP approval
Council on a site by site basis
P&Z recommended a 500-gallon tank limit as an accessory use
Example of
500-gallon tank
Example of
150-gallon tank
Example of
100-gallon tank
Maximum Height
Option A
Option B
Option C
14-feet
No specific requirement
(same as accessory use
Underlying Zoning District
Evaluated by P&Z and City
section)
Council on a site by site basis
P&Z recommended Option A as an accessory use
Location
Option A
Option B
Option C
Rear or Side of principal
structure on site on non-
residential districts and setback
requirements of underlying
Anywhere on the lot subject to
No specific requirement
zoning district.
the underlying Zoning District
Evaluated by P&Z and City
For open space lots can be
setback requirements
Council on a site by site basis
anywhere as long as the
underlying zoning setbacks are
met.
P&Z recommended Option A as an accessory use
Screening
Option A
Option B
Option C
Screened of view from public
To be determined based on
R.O.W. or adjacent residential
architectural compatibility of
No specific requirement
property with landscaping,
the cistern and principal
Evaluated by P&Z and City
principal structures or opaque
building.
Council on a site by site basis
fencing
P&Z recommended Option A as an accessory use
Materials
Option A
Option B
Option C
Compatible with architecture
and/or color of principal
Compatible with architecture
No specific requirement
building/structure
and/or color of principal
Evaluated by P&Z and City
2-foot stone/brick or other
building/structure
Council on a site by site basis
masonry material base
P&Z recommended Option A as an accessory use
Aerial Downspouts
Option A
Option B
Option C
No specific requirement
Not permitted
Evaluated by P&Z and City
N/A
Council on a site by site basis
P&Z recommended these not be evaluated due to the potential residential use may be appropriate
Examples Aerial Downspouts
Attachment C
USOUTHLAKE
SPIN MEETING REPORT
Case Number: ZA14-115
Project Name: Stadium Southwest Cisterns Specific Use Permit
SPIN Neighborhood: #8
Meeting Date: October 14, 2014
Meeting Location: 1400 Main Street, Southlake, TX
City Council Chambers
Total Attendance: 5
Host: Bobbie Heller
Applicant(s) Presenting: Dan Anderson, 214-675-8411
City Staff Present: Patty Moos, Planner I
City Staff Contact: Daniel Cortez, Principal Planner 817-748-8070
Town Hall Forums can be viewed in their entirety by visiting http://www.citVofsouthlake.com and clicking on "Learn More" under
Video On Demand; forums are listed under SPIN by meeting date.
FORUM SUMMARY:
• Project is a under construction with two commercial buildings totaling 50,000 sf located at 925 S. Kimball
Avenue.
• This project is for the installation of two rainwater collection cisterns located in the front of the 13,000 sf
office building.
• Cisterns are ribbed galvanized metal, 12,500 gallon cylindrical tanks that are 14'h feet to the top of the tank
and 2-3 additional feet to the top of the cone top.
• Savings of an average of 330,000 gallons of water/year. Part of the 2030 Plan is to conserve water.
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QUESTIONS / CONCERNS:
• Where are the cisterns located? They are located in the front of the front office building along S. Kimball
Avenue.
• Has this been approved? The Planning and Zoning Commission and City Council will need to approve
the cisterns. The project under construction now was approved and now adding the cisterns requested
by a tenant.
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.
ORDINANCE NO. 480-QQQQ
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; BY ADDING PROVISIONS TO SECTION 45 — SPECIFIC USE
PERMITS; 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 45 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the following
subsection:
45.1 GENERAL PROVISIONS
Specific Use
District Where Permitted
47. Above ground cisterns for landscape irrigation (As
amended by Ordinance No. 480-QQQQ)
All non-residential zoning districts and
open space lots in all districts.
SECTION 2
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 4
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 5
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 6
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 7
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 8
The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance
in its entirety on the City website 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 in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
SECTION 9
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 day of , 2014.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE: