The URL can be used to link to this page

Home My WebLink About09-19-06 ZBA Agenda Packet e TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING AGENDA SEPTEMBER 19, 2006 7:00 P.M. TOWN HALL BOARD ROOM 2650 J. T. OTTINGER ROAD 1. CALL TO ORDER. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD MAY 09, 2006. 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 ON 2013 POST OAK PLACE IN THE VAQUERO ADDITION. 4. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 2650 J.T. Ottinger Road, Westlake, Texas, on Friday, September 15, 2006, at 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. au�4' 4-'C,44�-P I J Dwinnell, TRMC, CMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING MAY 09, 2006 PRESENT: Commissioners Larry Corson, Sharon Sanden, and Stan Parchman ABSENT: Chairman Bill Greenwood and Commissioner Allen Heath OTHERS PRESENT: Town Manager Trent Petty and Town Secretary Jean Dwinnell 1. CALL TO ORDER. Commissioner Corson called the meeting to order at 7:05 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD APRIL 04, 2006. Commissioner Parchman moved to approve the minutes of the Planning and Zoning Commission meeting held April 4, 2006. Commissioner Sanden seconded the motion. There was no discussion and the vote on the motion was as follows: Ayes: Commissioners Parchman, Corson, and Sanden Nays: None Commissioner Corson declared the motion carried unanimously. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A SPECIAL USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED ON 2003 NAVASOTA COVE IN THE VAQUERO ADDITION. Town Manager Trent Petty explained the proposed application. He advised that the well is proposed to be 120 feet deep with a 1.5 hp pump, that the well would be placed on the front of the lot, that the Homeowner's Association has approved the location, that there would be no pump house, and that landscaping would be placed around the well location. Commissioner Corson opened the public hearing. There was no one present wishing to speak and Commissioner Parchman moved to close the public hearing. Commissioner Sanden seconded the motion. There was no discussion and the vote on the motion was as follows: Ayes: Commissioners Parchman, Corson, and Sanden Nays: None Commissioner Corson declared the motion carried unanimously. Commissioner Sanden moved to approve the application for a specific use permit for a private water well to be located on 2003 Navasota Cove in the Vaquero Addition with landscaping approved by the Homeowner's Association as a condition of the permit. Commissioner Parchman seconded the motion. There was no discussion and the vote on the motion was as follows: Ayes: Commissioners Parchman, Corson, and Sanden Nays: None Commissioner Corson declared the motion carried unanimously. 4. ADJOURNMENT. Commissioner Parchman moved to adjourn. Commissioner Sanden seconded the motion. The vote on the motion was as follows: Ayes: Commissioners Parchman, Corson, and Sanden Nays: None . Commissioner Corson declared the motion carried unanimously and the meeting adjourned at 7:12 p.m. Larry Corson, Commissioner ATTEST: Jean Dwinnell, TRMC, CMC, Town Secretary Town of Westlake Memo To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission From: Trent Petty, Town Manager Subject: Regular meeting of September 19, 2006 Date: August 28, 2006 ITEM 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 2013 Post Oak Place. RECOMMENDATIONS Staff recommends approval. 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 public water supply, be utilized. From a planning perspective the siting of a water well should address land use considerations such as compatible land uses, adverse performance impacts, and accessibility. 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 a water well. The State of Texas operates under the same rule of capture with respect to both its water and petroleum resources. That rule can be best 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 a 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, the Planning and Zoning Commission and the Board should limit their review to the compatibility of the proposed use with the surrounding properties and uses. In summary, the SUP application filed by Anthony Lekkos for 2013 Post Oak Place 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. In light of the location of the subject water well, and its limited potential impact on surrounding properties and uses, staff recommends approval. 1 11 I I 1 w' f fill J ail I I ♦/ + l I �' ai —s,1 — — --------- `s--------- 1 1 - -------,- 1 � I age F 1 %. \1 i I , t `�a. I w \ / •� I �\ Q CO ik I 1 ARM = 4 as liit 1