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HomeMy WebLinkAbout05-28-09 PZ Agenda Packet TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING A G E N D A May 28, 2009 6:00 pm TOWN HALL OFFICES – COUNCIL CHAMBERS/COURT ROOM 3 VILLAGE CIRCLE, SUITE 202 1. CALL TO ORDER. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON APRIL 23, 2009. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED AT 1802 HIGH COUNTRY DRIVE. 4. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED AT 1806 HIGH COUNTRY DRIVE. 5. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Suite 202, Westlake, Texas, 76262, on Friday, May 22, 2009, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING April 23, 2009 PRESENT: Chairman Bill Greenwood and Commissioners Walter Copeland, Allen Heath, Rick Rennhack, and Sharon Sanden. ABSENT: None. OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kim Sutter, Planning and Development Director Eddie Edwards, and DPS Director Don Wilson. 1. CALL TO ORDER. Chairman Greenwood called the meeting to order at 6:00 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON APRIL 2, 2009. Chairman Greenwood introduced the item and asked for a motion. MOTION: Commissioner Copeland made a motion to approve the minutes as presented. Commissioner Rennhack seconded the motion. The motion carried by a vote of 5-0. 3. CONDUCT PUBLIC HEARINGS AND MAKE RECOMMENDATIONS TO THE TOWN COUNCIL REGARDING APPROVAL OF PROPOSED AMENDMENTS TO TOWN OF WESTLAKE ZONING ORDINANCES, AMENDING THE LAND USE TABLES TO ALLOW GAS AND OIL DRILLING, EXPLORATION, AND PRODUCTION USES IN ALL ZONING DISTRICTS WITH AN APPROVED SPECIFIC USE PERMIT. ZONING DISTRICTS AND THE ORDINANCES RELATED TO THOSE DISTRICTS THAT ARE PROPOSED TO BE AMENDED ARE: Town of Westlake Page 2 of 4 Planning and Zoning Commission Minutes April 23, 2009 Case # Zoning Districts A. Z-09-01 Straight zoning districts; R-5, R-2, R-1, R-0.5, R-A, MF, LR, O, O-H, O-I, and GU. B. Z-09-02 PD-1 C. Z-09-03 PD-2 D. Z-09-04 PD- 3-1 E. Z-09-05 PD- 3-3 F. Z-09-06 PD- 3-4A G. Z-09-07 PD- 3-5A H. Z-09-08 PD- 3-6 I. Z-09-09 PD- 3-7 J. Z-09-10 PD- 3-8 K. Z-09-11 PD- 3-9 L. Z-09-12 PD- 3-10 M. Z-09-13 PD- 3-11 N. Z-09-14 PD- 3-12 O. Z-09-15 PD- 4 Chairman Greenwood introduced the proposed zoning case amendments. Town Manager Brymer addressed the Commission regarding the zoning case amendments and reviewed the history of the process leading up to the staff’s recommendation related to the amendments associated with gas and oil well drilling and production for all zoning districts in the Town, including all Planned Developments (PD’s) with an approved Specific Use Permit (SUP). Mr. Brymer added that the SUP approval process would require two public hearings with the ability to impose stringent special conditions on the well drilling and production. Town Manager Brymer advised that staff believes that the proposed zoning amendments are the best way to balance the requirement to allow the mineral estate access to the their mineral rights and the interests of surface owners so their property is not adversely impacted by noise, dust, aesthetic issues, etc. Although not under the purview of the Planning and Zoning Commission, Town Manager Brymer reviewed the technical standards ordinance that will be considered by the Town Council at their April 27, 2009, regular meeting, as well as fees associated with gas well drilling and production, and notice requirements to non-Westlake residents. Discussion ensued regarding the technical standards ordinance. Town Manager Brymer recognized town staff for their efforts in bringing these cases to the Commission and subsequently to the Town Council. Chairman Greenwood opened the public hearings. Town of Westlake Page 3 of 4 Planning and Zoning Commission Minutes April 23, 2009 Mrs. Leslie Sager, 2190 J.T. Ottinger Road, Keller, addressed the Commission regarding the technical standards ordinance, specifically related to the required public hearings, the SUP process, gas well permits and pad site permits, need for a noise management plan and a clearer definition for ambient noise level. Mr. Pat Cockrum , 1825 Broken Bend Drive, Westlake, addressed the Commission regarding the 75 foot setback requirement from an adjacent property line. Mr. Kirk Bjorn, 6010 Stagecoach Circle, Westlake, requested the Council pay close attention to the impact to residents related to roadway use as it relates to access roads. Mr. Dale Ragel, 2008 Coventry Place, Keller, addressed the Commission regarding the noise standard addressed in the technical standards ordinance. Mr. Perry Rupp, 2190 J.T. Ottinger Road, Keller, addressed the Commission regarding the requirement of a neighborhood meeting and the viability of horizontal drilling beyond 4,000 feet in the future. There being no others requesting to speak, Chairman Greenwood asked for a motion to close the public hearings. MOTION: Commissioner Heath made a motion to close the public. Commissioner Rennhack seconded the motion. The motion carried by a vote of 5-0. MOTION: Commissioner Rennhack made a motion to recommend approval of zoning cases Z-09-01, Z-09-02, Z-09-03, Z-09-04, Z-09-05, Z-09-06, Z-09-07, Z-09- 08, Z-09-09, Z-09-10, Z-09-11, Z-09-12, Z-09-13, Z-09-14, and Z-09-15, to amend the land use tables to allow gas and oil well drilling, exploration and production with an approved Specific Use Permit (SUP). Commissioner Copeland seconded the motion. Commission Heath requested that staff bring forth all matters of concern related to the technical standards ordinance, as presented by the speakers, to the Town Council for discussion. Town Manager Brymer responded that all comments will be presented to the Town Council VOTE ON MOTION: The motion carried by a vote of 5-0. 4. ADJOURNMENT. There being no further business to come before the Commission, Chairman Greenwood asked for a motion to adjourn the meeting. Town of Westlake Page 4 of 4 Planning and Zoning Commission Minutes April 23, 2009 MOTION: Commissioner Rennhack made a motion to adjourn the meeting. Commissioner Heath seconded the motion. The motion carried by a vote of 5-0. Chairman Greenwood adjourned the meeting at 7:35 p.m. Approved by the Planning and Zoning Commission on the 28 day of May 2009. ________________________________ William E. Greenwood, Chairman ATTEST: _____________________________________ Kim Sutter, TRMC, Town Secretary Town of Westlake Memo To: Chairman and members of the Planning and Zoning Commission From: Eddie Edwards, Director of Planning and Development Subject: Regular meeting of May 28, 2009 Date: May 15, 2009 ITEM Conduct a Public Hearing and take appropriate action regarding an application for a specific use permit, SUP-09-01, for a private water well to be located at 1802 High County Drive. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: ; Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation BACKGROUND The operation of private water wells supports the policy of the Town to provide for an aesthetic living environment that promotes the development of green spaces, the preservation of trees, and the maintenance of a rural setting. The extensive landscaping, tree preservation and mitigation policies of the Town are in fact dependent on the ability of the development community to maintain the living material in a healthy state. This requires that an alternative source of water, other than potable water, be utilized. From a planning perspective the siting of water well should address land use considerations such as compatible land uses, adverse performance impacts, and accessibility. The location of the proposed water well is well inside the limits of the property. There is ample opportunity to screen the site from adjacent property. In fact, water wells of this type are normally very low in profile and are usually screened by natural trees and vegetation. We do not see the need for dedicated rights-of-way or easements for the access roads; however the applicant should illustrate how the well will be serviced so as not to interrupt neighboring property owners. As the Town considers the application for a Specific Use Permit (”SUP”) for a water well, it is important that we establish the appropriate standard of review. Specific Use Permits are generally applied to uses that encompass intensity levels of a type which require special treatment or location to ensure compatibility with surrounding properties and uses. As an example, a convenience store with high traffic volumes and significant outside lighting, should only be allowed adjacent to residential homes when its harmful elements can be alleviated or compensated for by landscape screening, access restrictions, low-glare lighting, or the like. Allowing such a use “by right” would not allow for individual consideration of those factors. Conversely, prohibiting the use entirely would result in certain necessary uses being located only in areas where the use is impractical. Matters such as those discussed above constitute the proper standard of review when considering this SUP application. As is explained below, however, concerns about the protection of the Town’s underground water supply are not a permissible basis for the denial of an SUP for water well. The State of Texas operates under the rule of capture with respect to both its water and petroleum resources. That rule can best be summarized by the most definitive Texas Supreme Court case on the issue of water use when it ruled as follows: Absent malice or willful waste, landowners have the right to take all the water they can capture under their land and do with it whatever they please, and they will not be liable for their neighbors even if in so doing they deprive their neighbors of the water’s use. Sipriano v. Great Spring Waters of America, Inc., 1 S.W. 3d 75, 76 (Tex. 1999). That decision, which makes clear that neither the town nor the courts can regulate the amount of water taken from wells, is based on the premise that the Texas legislature has specifically reserved to itself the authority to establish rules regarding groundwater. Id. At 77. The legislative structure regarding the rule of capture has been in place since 1904. Id. At 78. In light of the existing precedent on this matter, it would be improper for the Town to take into consideration the potential impact on the underground water supply when examining the water well SUP application. Instead, the Planning and Zoning Commission and the Town Council should limit their review to the compatibility of the proposed use with surrounding properties and uses. In summary, the SUP application filed by Key Custom Homes, on behalf of Patrick Barley for 1802 High Country Drive should be considered based only on any potentially harmful impact its location and placement might have on adjacent properties and uses, exclusive of any consideration of groundwater conservation. FUNDING N/A RECOMMENDATION Staff recommends approval of SUP application for the water well. ATTACHMENTS SUP Application Location map of subject property Well head site plan and sketch of screening   Town of Westlake Memo To: Chairman and members of the Planning and Zoning Commission From: Eddie Edwards, Director of Planning and Development Subject: Regular meeting of May 28, 2009 Date: May 15, 2009 ITEM Conduct a Public Hearing and take appropriate action regarding an application for a specific use permit, SUP-09-02, for a private water well to be located at 1806 High County Drive. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: ; Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation BACKGROUND The operation of private water wells supports the policy of the Town to provide for an aesthetic living environment that promotes the development of green spaces, the preservation of trees, and the maintenance of a rural setting. The extensive landscaping, tree preservation and mitigation policies of the Town are in fact dependent on the ability of the development community to maintain the living material in a healthy state. This requires that an alternative source of water, other than potable water, be utilized. From a planning perspective the siting of water well should address land use considerations such as compatible land uses, adverse performance impacts, and accessibility. The location of the proposed water well is well inside the limits of the property. There is ample opportunity to screen the site from adjacent property. In fact, water wells of this type are normally very low in profile and are usually screened by natural trees and vegetation. We do not see the need for dedicated rights-of-way or easements for the access roads; however the applicant should illustrate how the well will be serviced so as not to interrupt neighboring property owners. As the Town considers the application for a Specific Use Permit (”SUP”) for a water well, it is important that we establish the appropriate standard of review. Specific Use Permits are generally applied to uses that encompass intensity levels of a type which require special treatment or location to ensure compatibility with surrounding properties and uses. As an example, a convenience store with high traffic volumes and significant outside lighting, should only be allowed adjacent to residential homes when its harmful elements can be alleviated or compensated for by landscape screening, access restrictions, low-glare lighting, or the like. Allowing such a use “by right” would not allow for individual consideration of those factors. Conversely, prohibiting the use entirely would result in certain necessary uses being located only in areas where the use is impractical. Matters such as those discussed above constitute the proper standard of review when considering this SUP application. As is explained below, however, concerns about the protection of the Town’s underground water supply are not a permissible basis for the denial of an SUP for water well. The State of Texas operates under the rule of capture with respect to both its water and petroleum resources. That rule can best be summarized by the most definitive Texas Supreme Court case on the issue of water use when it ruled as follows: Absent malice or willful waste, landowners have the right to take all the water they can capture under their land and do with it whatever they please, and they will not be liable for their neighbors even if in so doing they deprive their neighbors of the water’s use. Sipriano v. Great Spring Waters of America, Inc., 1 S.W. 3d 75, 76 (Tex. 1999). That decision, which makes clear that neither the town nor the courts can regulate the amount of water taken from wells, is based on the premise that the Texas legislature has specifically reserved to itself the authority to establish rules regarding groundwater. Id. At 77. The legislative structure regarding the rule of capture has been in place since 1904. Id. At 78. In light of the existing precedent on this matter, it would be improper for the Town to take into consideration the potential impact on the underground water supply when examining the water well SUP application. Instead, the Planning and Zoning Commission and the Town Council should limit their review to the compatibility of the proposed use with surrounding properties and uses. In summary, the SUP application filed by Kent Key of Key Custom Homes, on behalf of Christopher & Linda Bardasian for 1806 High Country Drive should be considered based only on any potentially harmful impact its location and placement might have on adjacent properties and uses, exclusive of any consideration of groundwater conservation. FUNDING N/A RECOMMENDATION Staff recommends approval of SUP application for the water well. ATTACHMENTS SUP Application Location map of subject property Well head site plan and landscape sketch Full landscape/well head plan   Planning &  Zoning  Commission Item # 5 –  Adjournment  Back up material has not been  provided for this item.