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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 L.d: ,CgSl L r ee�.Frgn em Li[unfmxseY �� m (re.. y0 ew.uxwp �w • � <� .nV�wuaiwe� "f.M} iMD.$rRu4 �a, saLA Y s ➢ Egli p ra r �e Rea E ° 98•EY � Op Sg,E�g aY�et �e N U �1 Ir R_ Y Y g � 4d� AA 09 u � ice: �d S YjE s € K�3• a ' gg �Fl�:i ���° I — I �^• l;23 ?`F� � s ygg 4! 4 ! 1 U9IT, u t ,�t�Gi O I F h"10 FF�e65l y G ZN W 11 1 I6 i f�gIOG i <Pi II qq II 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. A r � ALI 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: