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~ 5i: ~ ~ ~ I.I.! I" 0::: c!; o Ed &J 1ZI ""'" <=i> 38. ORDINANCE 2000- 22 ~.. ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D~I ~ SAN MARCOS, TEXAS AMENDING CHAPTER 94, g - DEVELOPMENT STANDARDS, OF THE CITY CODE TO ADD -i..~ I C; A NEW ARTICLE 6, EDWARDS AQUIFER PROTECTION ;:'1' ~ REGULATIONS; AMENDING CHAPTER 110, SUBDIVISIONS, ~. ~ OF THE CITY CODE TO DELETE PROVISIONS RELATED TO If 5; ~ ~ THE EDWARDS AQUIFER RECHARGE ZONE AND TO MAKE Cl~ C"'E;: ~ OTHER CONFORMING AMENDMENTS; INCLUDING ~y ri'\ 5 a PROCEDURAL PROVISIONS; AND DECLARING AN ~,~ (\.1 ~;, EFFECTIVE DATE. 'J-'.RECITft~: 1. The Development Ordinance Review Task Force has recommended the adoption of an ordinance to revise and update the City's regulations for development in the Edwards Aquifer Recharge and Transition Zones. 2. The Planning and Zoning Commission conducted a public hearing on this proposed ordinance on January 25, 2000, and voted to recommend the ordinance for adoption by the City Council. 3. The City Council conducted a public hearing on this proposed ordinance on February 28,2000, and the Council wishes to replace the City's current regulations for development over the Edwards Aquifer Recharge Zone with new regulations that correspond with and supplement the regulations of the Texas Natural Resource Conservation Commission, 30 TAC Chapter 213. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 94, Development Standards, of the City Code is amended by adding an Article 6 to read as follows: .s ('""( ARTICLE 6. EDWARDS AQUIFER PROTECTION REGULATIONS cr~ DIVISION 1. GENERALLY o co ~ ~b ~c~4.501. Findings and purposes. (a) The city council makes the following findings: (1) The Edwards Aquifer is an invaluable and irreplaceable resource, a major source of a clean drinking water supply for over two million people in South-Central Texas, including residents of the city. (2) The Edwards Aquifer is replenished by rainwater that falls OV(;lr the recharge zone and transition zone, and by surface water that flows into the recharge zone from the transition zone and from the contributing zone, an area located generally northwest of the recharge zone. (3) The Edwards Aquifer is the source of flow for the San Marcos springs in the heart of the city. (4) The San Marcos Springs, San Marcos River, and areas of the Edwards Aquifer near the San Marcos Springs comprise the habitat of a number of endangered species. Some of these species are found nowhere else on earth. (5) Sustained and clean springflows from the Edwards Aquifer in the San Marcos springs and San Marcos River support a wide variety of economic, environmental and recreational interests. (6) The recharge zone is the most fragile area ofthe Edwards Aquifer system due to the potential for pollutants to enter the aquifer where the karst geology is exposed at the surface of the ground.