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Item 6NCITY OF SOUTH LAKE MEMORANDUM January 14, 2015 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: 1) Conduct a Public Hearing 2) Consider 2nd Reading approval of an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, adding language to allow above- ground cisterns and rain barrels. 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. At the December 4, 2014 joint meeting of the City Council and the Planning & Zoning Commission, staff presented recommendations and language to be added to the City's Zoning Ordinance to allow for above -ground cisterns and rain barrels. This zoning text amendment was modified to reflect staff's recommendations and language presented at the joint meeting and there have been no modifications made since that meeting with the exception to specific language being added to address maintenance, aerial downspouts and pest control as requested by Council. The following is proposed to be added to Section 45 and Section 34 of the City's Zoning Ordinance: Districts where All Districts permitted No specific requirement Maximum Size Evaluated by P&Z and City Council on a site by site basis Maximum Height No specific requirement Evaluated by P&Z and City Council on a site by site basis Setbacks Per underlying zoning district Screening From public right-of-way by landscaping, buildings or opaque fencing Location To the side or rear of principal structure on property Materials Compatible with architecture and/or color of the principal building or structure No aerial downspouts permitted Other No signage permitted on above ground cistern Requirements * City Council will have the ability to make aesthetic or architectural improvements as deemed appropriate Definition: Above -Ground Cistern — Any method of containment located above -ground for the purpose of capturing, diverting and storing of rainwater for use in landscaping and other purposes. Districts where permitted M Residential Districts Only Less than 100-gallon per cistern and 250-gallon system Maximum Size * Anything above 100-gallons or 250-gallon system would be considered an Above Ground Rainwater Cisterns Maximum Height 6-feet Location Anywhere not visible from right-of-way Definition: Rain Barrel — Any method of containment located above -ground for the purpose of capturing, diverting and storing of rainwater for use in landscaping and other purposes no greater than 100-gallons per barrel or no greater than 250-gallons per system (multiple rain barrels). Other Requirements for Rain Barrels and Above -Ground Cisterns: • The property owner shall ensure the system is not left in a dilapidated state even if not in operation. It shall be maintained in such manner that the system can become operational at any time, provided that rain water is available for the system to operate. The property owner shall ensure the rain water collection system does not become a source of water for pests, such as mosquitoes; Ensure the collection system is built in a manner that prevents openings to the system that would encourage pests and can be inspected by the applicant on a frequent basis for breaks, tears or other openings that could allow pests to enter the container. The property owner shall ensure any alternate water supply with a connection to the municipal water supply is properly isolated from the municipal water supply with an air gap or a sufficient backflow prevention assembly device. 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 a Tier 2 project that means it was anticipated to be addressed within 4 to 6 years from the adoption of this plan. By adopting a policy/regulation sooner rather than later will assist the City in achieving its water conservation goals. 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 City Council at their 2nd Reading of this item. Legal Review: This item is under review by the City Attorney. Attachments: A) Applicants Letter & Exhibits B) Staff Recommendations — Link to PowerPoint Presentation 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. City Council: November 4, 2014; Tabled (6-0) to the January 6, 2015 meeting to allow staff to develop language and requirements through further research on above -ground cisterns. December 4, 2014; a joint meeting with the Planning & Zoning Commission was held to present the recommended requirements and language for above -ground cisterns. January 6, 2015; Approved (7-0) on consent noting that staff will add language restricting aerial downspouts in the ordinance. 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 requirements and language presented to the Planning & Zoning Commission and City Council at their joint meeting on December 4, 2014. A Specific Use Permit is also being requested concurrently with this Zoning Text Amendment under Planning Case ZA14-115. The Specific Use Permit will only be considered if 480-QQQQ is approved at their 2nd Reading. 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.V.O. -"L& iHD.$r Ul LU.O. - IXNT lyp/SIR.�L r Mws ew fb�' '0 0]uur000l E�p i 4 +o�q Y � rn �ai Y rlgz 999e 9 R 16 0 YN Q � gg G �d ff YA IA 3 6 y y Ya,,ig• 3 eg �Fg� !' 3�g5c ! e fF� �� gPYii ' 9 � i yp Fa•i � � ?i�6Ai Ig 9 � i p! 7 ��.� � $ M �I� � a• Si ,S - ai rip,q' � iia7aY�F�i�iiP�f �$ + -SYY � _g i a'• WgQ ;'� Y 9 •��g :Ff � �f • je b Attachment B The following are staff's recommendations presented to the City Council and Planning & Zoning Commission at their joint meeting held on December 4, 2014. Districts where permitted All Districts No specific requirement Maximum Size Evaluated by P&Z and City Council on a site by site basis Maximum Height No specific requirement Evaluated by P&Z and City Council on a site by site basis Setbacks Per underlying zoning district ScAlning From public right-of-way by landscaping, buildings or opaque fencing Location To the side or rear of principal structure on property Materials Compatible with architecture and/or color of the principal building or structure No signage permitted on above ground cistern Other No aerial downspouts permitted Requirements * City Council will have the ability to make aesthetic or architectural improvements as deemed appropriate nizfinitinn- Above-Ground Cistern — Any method of containment located above -ground for the purpose of capturing, diverting and storing of rainwater for use in landscaping and other purposes. Districts where Residential Districts Only permitted Less than 100-gallon per cistern and 250-gallon system Maximum Size * Anything above 100-gallons or 250-gallon system would be considered an Above Ground Rainwater Cisterns Maximum Height 6-feet Location Anywhere not visible from right-of-way nizfinitinn- Rain Barrel — Any method of containment located above -ground for the purpose of capturing, diverting and storing of rainwater for use in landscaping and other purposes no greater than 100-gallons per barrel or no greater than 250-gallons per system (multiple rain barrels). Other Requirements for Rain Barrels and Above -Ground Cisterns: • The property owner shall ensure the system is not left in a dilapidated state even if not in operation. It shall be maintained in such manner that the system can become operational at any time, provided that rain water is available for the system to operate. • The property owner shall ensure the rain water collection system does not become a source of water for pests, such as mosquitoes; Ensure the collection system is built in a manner that prevents openings to the system that would encourage pests and can be inspected by the applicant on a frequent basis for breaks, tears or other openings that could allow pests to enter the container. • The property owner shall ensure any alternate water supply with a connection to the municipal water supply is properly isolated from the municipal water supply with an air gap or a sufficient backflow prevention assembly device. USOUTHLAKE Attachment C 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. "AIMUR i �mom���� -l------------------ ------------- -------- �! ILL--------- Site Renderings 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 4 — DEFINITIONS, SECTION 45 — SPECIFIC USE PERMITS AND SECTION 34 — ACCESSORY USES; 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 Sections 4, 34 and 45 of the Zoning Ordinance No. 480, as amended, is hereby amended by adding the following subsection: 4.2 DEFINITIONS - For the purposes of this ordinance, the following definitions shall apply: Above -Ground Cistern — Any method of containment located above -ground for the purpose of capturing, diverting and storing of rainwater for use in landscaping and other purposes. Rain Barrel — Any method of containment located above -ground for the purpose of capturing, diverting and storing of rainwater for use in landscaping and other purposes no greater than 100-gallons per barrel or no greater than 250-gallons per system (multiple rain barrels). 34.1 GENERAL PROVISIONS Accessory Use District Where Permitted 44. Rain barrels (As amended by Ordinance No. 480- QQQQ) • Maximum Size: Less than 100-gallon per cistern and 250-gallon system *Anything above 100-gallons or 250-gallon system would be considered an Above Ground Rainwater Cisterns • Maximum Height: 6-feet • Location: Anywhere not visible from right- of-way All residential zoning districts excluding open space lots Other Requirements • No signage shall be permitted on the rain barrel where it is visible to the public from the right-of-way • The property owner shall ensure the rain water collection system does not become a source of water for pests, such as mosquitoes; Ensure the collection system is built in a manner that prevents openings to the system that would encourage pests and can be inspected by the applicant on a frequent basis for breaks, tears or other openings that could allow pests to enter the container. 45.1 GENERAL PROVISIONS Specific Use District Where Permitted 47. Above ground cisterns (As amended by Ordinance No. 480-000Q) • Setbacks: Per underlying zoning district • Screening: From public right-of-way by landscaping, buildings or opaque fencing • Location: To the side or rear of principal structure on property • Materials: Materials must be compatible with architecture and/or color of the principal building or structure All districts Other Requirements • No signage shall be permitted on the above ground cistern • No aerial downspouts shall be permitted • The property owner shall ensure the system is not left in a dilapidated state even if not in operation. It shall be maintained in such manner that the system can become operational at any time, provided that rain water is available for the system to operate. • The property owner shall ensure the rain water collection system does not become a source of water for pests, such as mosquitoes; Ensure the Specific Use District Where Permitted collection system is built in a manner that prevents openings to the system that would encourage pests and can be inspected by the applicant on a frequent basis for breaks, tears or other openings that could allow pests to enter the container. • The property owner shall ensure any alternate water supply with a connection to the municipal water supply is properly isolated from the municipal water supply with an air gap or a sufficient backflow prevention assembly device. 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 6t" day of January, 2015. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 201" day of January, 2015. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: