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HomeMy WebLinkAbout07-10-03 PZ Agenda PacketNotice is hereby given that the Planning and Zoning Commission of the Town of Westlake, Texas will hold a
meeting at 7:30 p.m. on Thursday, July 10, 2003, at the Westlake Town Hall, 3 ) Village Circle, Suite 207, Solana,
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 May 15, 2003.
3. Conduct a Public Hearing to consider a request for a Specific Use Permit to allow a private water well to be
located at 20 Wyck Hill Lane.
4. Adjournment.
I certify that the above notice was posted on the front door of the Town Hall of the Town of Westlake, 3 Village
Circle, Suite 207, Westlake, Texas, on Monday, July 7, 2003, at 5:00 p.m., under the Open Meetings Act, Chapter
551 of the Texas Government Code.
Ginger Crosswy, 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 817-430-0941 and reasonable accommodations will be made to assist you.
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TOWN OF WESTLAKE, TEXAS ki
MINUTES OF THE REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION
May 15, 2003
U'AFT
Present: William E. Greenwood, Chairman
Hank Barry, Member
Stan Parchman, Member
Trent Petty, Town Manager
Stan Lowry, Town Attorney
Mike Peterson, Town Engineer
Ginger Crosswy, Town Secretary
Absent: Allen Heath, Vice Chairman
Sharon Sanden, Member
Item #1: Chairman Greenwood opened the meeting at 7:30 p.m.
Item #2: Review and approve minutes of the regular meeting held on March 13, 2003. Motion by Commissioner
Barry, seconded by Commissioner Parchman, to approve the minutes as presented. There was no discussion and the
motion carried unanimously.
.;in #3: Conduct a Public Hearing to consider a request from Hillwood Development Corporation to rezone 3 )9.6
acres located in PD 3-7 -7 and PD 3 -8 just north of the Town's West Pump Station. Mr. Petty explained this item to the
Commission and stated that staff recommends approval with certain corrections. Chairman Greenwood opened the
Public Hearing at 7:46 pm. and introduced Mr. Joe Schneider who was present to represent Hillwood Development
Corp. Mr. Schneider stated that he was there to answer any questions the Commission might have. After a short
question and answer session there was a motion by Commissioner Barry, seconded by Commissioner Parchman, to
close the Public Hearing. There was no discussion and the motion carried unanimously. The Public Hearing was
closed at 7:50 p.m. There was a motion by Commissioner Barry, seconded by Commissioner Parchman, to
recommend approval of the rezoning subject to the resubmittal of all exhibits and maps correcting the designation to
"0" for office park as suggested by the Town Manager. There was no discussion and the motion carried unanimously.
Item 44: There was a motion by Commissioner Parchman, seconded by Commissioner Barry, to adjourn. The motion
carried unanimously and the meeting was adjourned at 7:52 p.m.
Approved by the Planning & Zoning Commission on ,2003.
ATTEST:
William E. Greenwood, Chairman
Ginger -Crosswy,—Town Secretary
To: Chairman and Commissioners of the Planning & Zoning Commission
From: Trent Petty, Town Manager
Subject: regular Meeting of July 10, 2003
Date: duly 2, 2003
Application for Special Use Permit for a private water well filed by Scott D. Widell and Debra
Graves for 20 Wyck Hill Lane.
Staff recommends approval.
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.
As the subject property backs up to Dove road, and this is a private well, we do not see the need
for dedicated rights-of-way or easements for the access roads.
As the Town considers the application for a Special Use Permit ("SUP") for a water well, it is
rinpollaalt that ,ve establish the appropriate standard o('reviezl. Spec al ?-se Pej-ni]I� Zre enerafl,,.
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., 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 Board should limit their
review to the compatibility of the proposed use with surrounding properties and uses.
In summary, the SUP application filed by Scott Widell and Debra Graves 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.
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