The URL can be used to link to this page

Home My WebLink About07-10-03 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. r, -" 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. F" 9 4