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Home My WebLink About05-09-06 PZ Agenda Packet TOWN 9 TEXAS COMMISSION PLANNING AND ZONING AGENDA MAY 099 2006 7:00 P.M. TOWN HALL BOARD 2650 J. T. OTTINGER ROAD 1. CALL TO ORDER. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD APRIL 04, 2006. 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. 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, May 05, 2006, at 5:00 p.m. under the Open Meetings hapter 551 of the Texas Government Code. 44 Dwinnell, TRMC, CMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS S CANNING AND ZONING COMMISSION MEETING APRIL 04, 2006 PRESENT: Chairman Bill Greenwood and Commissioners Larry Corson and Sharon Sanden ABSENT: Commissioners Allen Heath and Stan Parchman OTHERS PRESENT: Town Manager Trent Petty and Town Secretary Jean Dwinnell 1. CALL, TO ORDER. Chairman Greenwood called the meeting to order at 7:02 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD DECEMBER 06,2005. Commissioner Corson moved to approve the minutes of the Planning and Zoning Commission meeting held December 06, 2005. Commissioner Sanden seconded the motion. There was no discussion and the vote on the motion was as follows: Ayes: Chairman Greenwood and Commissioners Corson and Sanden Nays: None Chairman Greenwood 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 LOT 9, BLOCK B OFT E VAQUERO ADDITION,2254 KING FISHER DRIVE. Town Manager Trent Petty explained the proposed application for a special use permit for a private water well and advised that the well would be 100 feet deep with a I hp. Pump. Mr. Jim Lancaster, applicant, was present to answer questions of the Commission and advised that ground breaking for the house on the property should take place in approximately 60-90 days. Chairman Greenwood opened the public hearing. There was no one present wishing to speak. Commissioner Corson 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: Chairman Greenwood and Commissioners Corson and Sanden Nays: None Chairman Greenwood declared the motion carried unanimously and the public hearing closed.. Commissioner Corson moved to approve the application for a special use permit for a private water well on Lot 9, Block B of the Vaquero Addition, 2254 King Fisher Drive. Commissioner Sanden seconded the motion. There was no discussion and the vote on the motion was as follows: Ayes: Chairman Greenwood and Commissioners Corson and Sanden Nays: None Chairman Greenwood declared the motion carried unanimously. 4. 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 LOT 21, BLOCK L OF THE VAQUERO ADDITION, 1205 PERDENALES TRAIL. Town Manager Trent Petty explained the proposed application for a special use permit for a private water well and advised that the well would be 100 feet deep with a I hp. Pump. Mr. John Miller, applicant, was present to answer questions of the Commission and advised that the move-in date is expected to be around the holidays. Chairman Greenwood opened the public hearing. There was no one present wishing to speak. Commissioner Corson 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: Chairman Greenwood and Commissioners Corson and Sanden Nays: None Chairman Greenwood declared the motion carried unanimously and the public hearing closed. Commissioner Sanden moved to approve the application for a special use permit for a private water well on Lot 21, Block L of the Vaquero Addition, 1205 Perdenales Trail. Commissioner Corson seconded the motion. There was no discussion and the vote on the motion was as follows: Ayes: Chairman Greenwood and Commissioners Corson and Sanden Nays: None Chairman Greenwood declared the motion carried unanimously. 5. ADJOURNMENT. Commissioner Sanden moved to adjourn. Commissioner Corson seconded the motion to adjourn. The vote on the motion was as follows: Ayes: Chairman Greenwood and Commissioners Corson and Sanden Nays: None The motion carried unanimously and Chairman Greenwood declared the meeting adjourned at 7:15 p.m. APPROVED BY THE PLANNING AND ZONING COMMISSION ON THE DAY OF 12006. Bill Greenwood, Chair 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 May 9, 2006 Date: May 3, 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 2003 Navasota Cove. 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., I 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 Randall Boyd for 2003 Navasota Cove 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. The homeowner did indicate upon application submission that the well head is currently located in front of the building line. However, if the Town determines it necessary to move it behind the line, Mr. Boyd said he would not have an issue with this. While this location does not cause any immediate issues, Staff would like to point out that there cannot be any structures built in front of the building line. If applicant plans to build a pump house it must be built behind the line. Additionally, the applicant should check with Vaquero's Homeowner Association to see if any deed restrictions apply. In light of the location of the subject water well, and its limited potential impact on surrounding properties and uses, staff recommends approval with adherence to the set back requirements (i.e. building line) for the construction and placement of any well/pump house structure. Resident List for SUP at 2003 Navasota Cove Location Owner flailing Address Garrison, Daniel & 6401 Westcoat Dr Colleyville 2000 Navasota Cove Juliana Tx 76034 16 Wyck Hill Ln Westlake 2001 Navasota Cove Redman, Terrance S Tx 76262 Ckh Family Limited 5305 Village Creek Dr Plano 2002 Navasota Cove Partnership Tx 75093 2723 Fairmount St Dallas 2004 Navasota Cove Shaw, Evan Tx 75201 Nyhoff, Douglas G 670 S Peytonville Ave 2005 Navasota Cove Etux Karen J Southlake Tx 76092 Wheat, Douglas D & 2006 Navasota Cove 2006 Navasota Cove Laura L Westlake Tx 76262 Mickens, William & 508 Villa Crossing Southlake 2007 Navasota Cove '`Sherri N Tx 76092 Dcg Custom Homes PO Box 387 Argyle 2000 Brazos Ct Ltd Tx 76226 Stetson Investments I 12610 Lake Cove 2002 Brazos Ct Ltd Lewisville Tx 75077 2601 Network Blvd Ste 407 2004 Brazos Ct O'Neal, Jimmy Frisco Tx 75034 Lekkos, Apostolos & 1740 Sleepy Holllow 2006 Brazos Ct Melanie Southlake Tx 76092 p s METAL PIPE --- -------- 3�' --PRIVATE R0-A-D,---DPAINAGE, 518'IRS 650.6 DRAINAGE f r ------------------ ..... - -------------------- — ------------- 10' DRAINAGE& UTILITY ESMT 47.5' V' co AV% ;m T. LINE-- ip 64/ p ----------------- 1/ 518 "IRS ---- -------- 22" PECAN 1. 7 A( �RES rah cr- METAL 11 s PIPE u it PECAN or -'I CAN ® 8" PECAN Lr) PECAN't A 7 W/N 20" i 22 PEC4N 0" PECAN PECAN 0 �5U," FECAN - -- A�__.� - -- 17 i PF,"AN - - - - - - - - - - ---- - - -- 3 PECAN 6 " PECAN ;MT15 PROPOSED ASPHALT P VAMP T. W1 CONC. CURB & GUTTER 10' DRAINAGE & UTILITY ESMT 641.71 518"IRS ---------- °r- -- - - - - -- 642 ---- m -p Z l lo(,