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HomeMy WebLinkAbout10-12-06 PZ Agenda Packet TOWN OF 9 TEXAS MEETING PLANNING AND ZONING COMMISSION AGENDA OCTOBER 12, 2006 7: 0 P.M. TOWN HALL BOARD ROOM 2650 J. T. OTTINGER 1. CALL TOO 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD SEPTEMBER 19, 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 2399 J.T. OTTINGE ROAD (to be re-addressed as 3120) IN THE STONEHURST ADDITION, BLK 1, LOT 2. 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 Monday, October 9, 2006, at 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Ginger R. , Acting Town Secretary MINUTES MEETING TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION SEPTEMBER 19.) 2006 PRESENT: Chairman Dill Greenwood, Commissioners Sharon Sanden and Allen Heath SENT: Commissioner Stan Parchman OTHERS PRESENT: Town Manager Trent Petty, Town Secretary Jean Dwinnell and DPS Director Don Wilson 1. CALL TO ORDER. Chairman Greenwood called the meeting to order at 7:03 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD) MAY 09, 2006. Commissioner Sanden moved to approve the minutes of the Planning and Zoning Commission meeting held May 9, 2006. Chairman Greenwood seconded the motion. There was no further discussion and the vote carried. Commissioner Heath abstained from voting due to his absence at the May 9, 2006 meeting. 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 2013 POST OAK PLACE IN THE VAQUERO ADDITION. Town Manager Trent Petty explained the proposed Specific Use Permit application. He advised 'h, Wf-.11 rmict -nnt ]-%A t 9t the C.—.eats as —.7 vas I.ILa as V.11r,111ally utplutud oil the subminai i Mr. Petty also advised that the motion to approve be conditioned on placement of the well outside any platted easement and that any accessory structures follow this same requirement. Mr. Petty discussed the easement size and the requirement that the well be located 15 feet from the back property line. The storage tanks must also follow this same requirement. Chairman Greenwood opened the public hearing. There was no one present wishing to speak and Commissioner Heath moved to close the public hearing. Commissioner Sanden seconded the motion. There was no discussion and Chairman Greenwood declared the motion carried. Commissioner Sanden moved to approve the application for a specific use permit for a private water well to be located on 2013 Post Oak Place in the Vaquero Addition with the conditions that the well and any accessory structures be placed outside any easement and no closer than 15 feet from the back property line. Commissioner Heath seconded the motion. There was no discussion and the vote on the motion was as follows: Ayes: Commissioners Sandell and Heath Nays: None Chairman Greenwood declared the motion carried unanimously. 4. ADJOURNMENT. Commissioner Sandell made the motion to adjourn. Commissioner Heath seconded the motion. The vote on the motion was as follows: Ayes: Commissioners Sanden and Heath Nays: None Chairman Greenwood declared the motion carried unanimously and the meeting adjourned at 7:12 p.m. Approved by the Planning and Zoning Commission on the day of Inn4 `v„v. Bill Greenwood, Chairman ATTEST: (singer R. Awtry,Acting 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 October 12,2006 Date: September 19,2006 ITE 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 2399 J.T. Ottinger Road (to be re-addressed as 3120) in the Stonehurst Addition, Blk 1, Lot 2. 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 app'.lied 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 sup-ply are not a permissible basis tbr 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 John Platt and Ronica Holcombe for 2399 J.T. Ottinger Road (to be re-addressed as 3120) 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.