HomeMy WebLinkAbout04-08-04 PZ Agenda PacketNotice of Plamling and Zoning Commission meeting Page 1 of 1
TOWN OF WESTLAKE9 TEXAS
WESTILAKE
NOTICE OF MEETING
Notice is hereby given that the Planning and Zoning Commission of the Town of Westlake, Texas will
hold a meeting at 7:00 p.m. on Thursday, April 8, 2004, at the Westlake Town Hall; 2650 J.T. Ottinger
Road, in the Town of Westlake, Texas, to consider the following agenda
1. Meeting called to order and announce a quorum.
2. Review and approve the minutes of the meeting held on March 18, 2004.
3. Conduct a Public Hearing and take any appropriate action regarding an application for a specific
use permit for a private water well to be located at 35 Wyck Hill Lane in the Estates of Westlake.
4. Conduct a Public Hearing and take any appropriate action to amend Article IV, Permissible Uses,
of the Unified Development Code to regulate the drilling of oil and gas wells in the Town.
5. Adjournment.
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, April 5, 2004, at 5:00 p.m., under the Open Meetings Act, Chapter
551 of the Texas Government Code.
in _ r Crossw-y, Town ecretary
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.
htt-o:%/www.westlake-tx.org/agendas/pz04O8O4.htm 4/5/2004
TOWN OF WESTLAKE, TE��S
MINUTES OF THE REGULAR MEETING
OF O
March 11.
Present: William E. Greenwood, Chainnan
Allen Heath, Vice Chairman
Hank Barry, Member
Stan Parchman, Member
Sharon Sanden, Member
Trent Petty, Town Manager
David McCarver, Town Engineer
Matthew Boyle, Town Attorney
Ginger CrossN,,y, Town Secretary
Absent: No one.
Item 41: Chairman Greenwood opened the meeting at 7:30 p.m.
Item 42: Review and approve minutes of the regular meeting held on February 26, 2004.
Motion by Commissioner Sanden, seconded by Commissioner Parchman, to approve the
minutes as presented. There was no discussion and the motion carried unanimously.
Item 93: Conduct a Public Hearing and take any appropriate action regarding an
application for a specific use permit for a private water well to be located at 1730 J.T.
Ottinger Road. Mr. Petry spoke concerning this item. Mr. Tom Pritchett of 3017
Westminster Drive in Farmers Branch spoke representing the applicant. After several
questions the Public Hearing was opened at 7:35 p.m. No one wished to address the
Commission and there was a motion by Commissioner Heath, seconded by
Commissioner Sanden, to close the public hearing. There was no discussion and the
motion carried unanimously. There was a motion by Commissioner Barry, seconded by
Commissioner Parchman, to recommend approval of this SUP application to the Board of
Aldermen. Commissioner Heath asked didn't the Town prefer private wells to be Trinity
wells and this is a Paluxy well? Mr. Petty said that was correct. There was no further
discussion and the motion carried unanimously.
Item 44: Consider and take any appropriate action regarding an amendment to the zoning
for PD 3-3. Mr. Petty explained this is the third phase of the rezoning that the
Commission considered at the last meeting. The only changes are the land size is smaller
and a provision has been added to allow a specific use perinit application to be filed for
the sale of alcohol, He stated the hotel use has been left in PD 3-3 as well as moving this
use into PD 3-4. A concept plan will be required when this area comes up for
development. Russell Laughlin of 3717 Fox Hollow in Fort Worth spoke representing
Hillwood Development Corporation. Mr. Petty informed the Commission that the
question from the last meeting regarding the public open space on the hill in PD 3-4 has
been corrected on the land use map except the word "public" still needs to be added. The
Public Hearing was opened at 7:45 p.m. No one wished to address the Commission and
there was a motion to close the Public Hearing by Commissioner Heath and seconded by
Commissioner Barry. There was no discussion and the motion carried unanimously.
There was some discussion regarding the land use map and whether it should be included
in the motion. Mr. Petty told the Commission that the map was not on the agenda and had
been addressed at the last meeting, and the action taken at the last meeting to recommend
approval to the Board of Aldermen was clearly predicated on the condition that public
open space would be properly reflected on the map. There was a motion by
Commissioner Heath, seconded by Commissioner Sanden, to recormnend approval of the
amendment to the zoning of PD 3-3 to the Board of Aldermen. There was no further
discussion and the motion carried unanimously.
Item #5: There was a motion by Commissioner Barry, seconded by Commissioner
Parchman, to adjourn. There was no discussion and the motion carried unanimously. The
meeting was adjourned at 7:50 p.m.
Approved by the Planning & Zoning Commission on , 2004.
ATTEST:
William E. Greenwood, Chairman
Ginger Crosswy, Town Secretary
Town of Westlake
To: Planning and Zoning Connnission
From: Trent Petty, Town Manager
Subject: Meeting of April 8, 2004
Date: April 5, 2004
Conduct a Public Hearing and take any appropriate action regarding an application for a specific
use permit for private water well to be located at 35 Wyck Hill Lane in the Estates of Westlake.
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 potable water, 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. 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 Special Use Pen -nit ("SUP") for a water well, it is
important that we establish the appropriate standard of review. Special 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
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 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., l 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 Board should limit their
review to the compatibility of the proposed use with surrounding properties and uses.
In summary, the SUP application filed by Whitman Consulting, Ltd. for 35 Wyck Hill Lane in
the Estates of Westlake 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.
TOWN OF WESTLA '
AN ORDINANCE OF ! OF WESTLAKE, TEXAS, AMENDING
COMPREHENSIVEt ORDINANCE ! OF
GRANTING A SPECIAL USE PERMIT FOR A PRIVATE WATER WELL, LOCATED AT 35
WYCK HILL LANE IN THE ESTATES OF WESTLAKE; PROVIDING FOR A
SEVERABILITY CLAUSE; PRON71DING FOR A PENALTY OF A FINE NOT TO EXCEED
THE SUM OF ! THOUSAND ($2,000 .00) DOLLARS;•! !• INJUNCTIVE
RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake's Board of Aldermen finds and determines, on the basis of
facts presented on the application for a Special Use Permit and at the public hearings on same, the
following:
1. That the proposed use is consistent with the existing uses of adjacent and nearby property;
2. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent
and nearby property anticipated to be in place upon expiration of the term of the Special Use
Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in
effect on the date of granting of said permit;
3. That the proposed use will not impair development of adjacent and nearby property in
accordance with said Comprehensive Plan;
4. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic
patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's
Comprehensive Plan.
WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of
Westlake Board of Aldermen, in compliance with the Code of Ordinances of the Town of Westlake
and State Law with reference to the granting of Special Use Permits under the Zoning Ordinance and
Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings
and affording a full and fair process to all property owners generally, and to the persons interested and
situated in the affected area and in the vicinity thereof. the Board of Aldermen of the Town of
Westlake is of the opinion that said change in zoning use should be made, subject to the conditions set
out herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWJ
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and are
incorporated herein as if copied in their entirety.
SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be,
and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant
a Special Use Permit, for a private water well, located within the property at 35 Wyck Hill Lane owned
by Whitco Consulting, Ltd.
SECTION 3: That the above described property shall be used only in the manner and for the
purpose provided in the Unified Development Code and the Comprehensive Zoning Ordinance of the
Town of Westlake as herein amended by the granting of a Special Use Perniit and approval of an
associated location plan for private water well and incorporated herein by reference.
SECTION 4: That any person, firm or corporation violating any of the provisions or terms of
this o rdinance s hall b e subject t o t he s arae p enalty as p rovided for in the C omprehensive Zoning
Ordinance of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed
the sum of Two Thousand Dollars ($2,000.00) for each offense.
SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this
ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion so decided to be invalid or
unconstitutional.
SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the
right to seek injunctive relief for any and all violations of this ordinance.
SECTION 7: This ordinance shall take effect immediately from and after its passage as the law
in such case provides.
PASSED AND APPROVED ON THIS 12th DAY OF APRIL 2004.
Ginger Crosswy, Town Secretary
L. Stanton Lowry, Town Attorney
Scott Bradley, Mayor
Trent O. Petty, Town Manager
Town of Westlake
Memo
To: Chairman Greenwood and members of the Planning and Zoning
Commission
From: Trent Petty, Town Manager
Subject: April 8, 2004 Regular meeting
Date: April 5, 2004
Consider amending Ordinance 426, The Town of Westlake, Land Use Schedule to
provide a Specific Use Permit for Oil & Gas Drilling in the OI (Office Industrial)
District.
Staff recommends approval.
Gas well drilling, once thought to be unlikely anywhere in Tarrant County, has become
prevalent in recent years. According to a front-page article appearing in a recent Fort
Worth Star Telegram article, many municipalities and homeowners in Tarrant and
neighboring counties now have to grapple with the issues that accompany drilling in
close proximity to homes and businesses.
Staff has begun researching the legal means of providing maximum protection from oil &
gas well drilling activity, should the need arise in Westlake. In order to complete this
process and bring to the Board appropriate measures for consideration, the staff received
a 90 -day moratorium approved by the Board of Aldermen prohibiting the drilling of oil
and/or gas wells in the Town of Westlake during the 90 -day period. The staff was not
aware of any eminent plans by anyone to drill in Westlake, but this measure was
advisable as a precautionary measure. A second extension was granted after staff advised
the Board that the new Ordinance. was not yet complete.
The Ordinance is now complete and will be going to the Board of Aldermen at their next
regular meeting. This Ordinance does not procedurally go to the P&Z for approval.
However, the P&Z must consider amending the Land Use Schedule to provide a means to
accomplish the zoning allowance to be considered by the Board of Aldermen.
The Town does not have the option of summarily denying the right to drill oil and gas
wells in the Town, just as the Town does not have the option of denying water wells on a
more strict basis than has already been approved. Because of the nature of Oil & Gas
drilling and its intrusive impact and unlike water wells, a specific area of Town should be
designated where these uses may occur. Therefore, the City Attorney has advised us to
identify a zoning category where oil & gas drilling may occur following consideration
and approval by the Planning and Zoning Commission and the Board of Aldermen of a
Specific Use Pen -zit. This zoning description does not apply to the PD's on the Circle T
Ranch, as these will be addressed through the actual Oil & Gas Drilling Ordinance to be
reviewed by the Board of Aldermen.
Therefore, the Planning and Zoning Commission is advised to approve the amendment to
the Land Use Schedule to allow the drilling of oil and gas wells in the Office Industrial
area following the approval of a SUP by the P&Z and Board of Aldermen. All applicants
will have to meet the specific criteria required in the Ordinance to be adopted by the
Board of Aldermen.
VVESTLAKELAND USE SCHEDULE
SF Residential
Permitted Us6s
Gov
MF
Commercial
AGRICUL
Farms General (Livestock, Ranch)
x
x
x
x
Veterinarian (Indoor Kennels)
x
Veterinarian (Outdoor Kennels)
S
S
S
X
X
X
X
Stables (Private, Accessory Use)
S AL USES
RE IDENTI
7n—
Single Family Zero Lot Line
—
—
Single Family Attached
x
Duplex
x
INSTITUTIONAL and
Mailing Service
x
Heliport
Retirement Home
x x
Nursing/Convalescent Home
x
x
09/23/2002 Article IV, Permissible Uses Page 2-1
VVESTLAKELAND USE SCHEDULE
SF Residential
r j—R --5 R-2 R-1
eIrmitted Uses Gov
R-0.5 X=Permitted, A=Accessory Use, S=SUP GU
MF
Cornmen
LR 0
!RW
College or University
X
x
x
COMMERCIAL USES
Multifamily (Apartments)
Banks and Financial Institutions
x
x
Information Processing
x
x
Hotel/Motel with Conferencing Facil.
Laundry/Dry Cleaning (<3,000 s -f-)
Laundry/Dry Cleaning. (Drop/Pick)
Shoe Repair
Clothing Store
x -
x
x
—x
x
Service Station
x
x
Drug Store
Variety Store x
x
Bakery Sales X A --
Stationary Store
Antique Shop x
Hardware Store x x
Paint and Wallpaper x
Cloth Store
(Exclud nci Second Hand Goods)
Restaurant/Caf6 (GU not for profit) A S
Auto/Truck Parts and Accessories S x
Household Furniture/Appliances x
09/23/2002 Article IV, Permissible Uses Page 2-2
VVESTLAKELAND USE SCHEDULE
09/2312002 Article IV, Permissible Uses Page 2-3
Permitted Uses
Gov MF
Commercial
SF Residential I
AMUSEMENT fRECREATI ON
- x
x x
X
Golf Course (Public or Private)
x
x
X
x
See Article IV, Section
6 -W-r-eiess
communications Facility
See Article
IV,
Section 6
Race Track Operation
S
Recreation Facility, Health Studio
x
x
x
x
x
S
S s
S
Tennis, Basketball Ct, etc. lighted
S
x
x x
x
Tennis, Basketball Ct, etc. unlighted
x
x
x
x
x
AUTO SERVICES
x
Truck/Trailer Rental;
S
Quick Lube/Oil Change
Vehicle Maintenance (Private)
x
x
x
WHOLESALE TRADE
Warehouse/Storage (Outside)
ScrapfWaste Recycling Collection
S
and/or Storage
S
Gas/Chemical Bulk Storage
S
x
Apparel Manufacturing
Packaging and /or Distribution
x
Printing, Engraving and related
Reproductive Services
Distribution of Books/Other_�_r_inted
x
Material
Machine Shop
Welding Shop
SIGNS
x
X_
Builder Directional Signs
_x
Contractor Signs (Temp.)
09/2312002 Article IV, Permissible Uses Page 2-3
WESTLAKE LAND USE SCHEDULE
SF Residential
--057 R-2 R-1
Permitted Uses Gov MF LIOMMUI(Adl I
=-O. X=Permitted, A=Accessory Use, S=SUP Gll MF LR 0 0-1 1
—x Holiday Signs (Temp.) x x x
X
x
x
Business Window Signs (TEMP)—x x
--Monument
I Signs x x x x
X
x
X
x x
Wall Signs x x x
X Political Yard Signs (Temp.) x x x
VX Decorative Banners (Temp.)
I
09/2312002 Article IV, Permissible Uses Page 2-4