HomeMy WebLinkAbout12-09-04 PZ Agenda PacketNotice of Planning and Zoning Commission meeting Page 1 of 1
TOWN Of" WESTLAKE, TEXAS
.,.
TILE 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, December 9, 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 May 20, 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 2224 King Fisher Drive.
4. Conduct a Public Hearing and take any appropriate action regarding an amendment to the Unified
Development Code by adding Article IV, Permissible Uses, Section 14, Wind Turbines and
amending Article XVI, Definitions, Section 2, Words and Terms Defined for the purpose of
defining and prohibiting the construction of wind turbines in the Town.
5. Adjournment.
ARB -11111m,10193
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, December 6, 2004, 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 817-490-5710 and reasonable accommodations will be made
to assist you.
http://www.westlake-tx.org/agendas/pzl20904.htm 12/10/2004
TOWN OF WESTLAKE,
MINUTES OF THE REGULAR MEETING
*F THE PLANNING AND ZONING COMMISSION
1. 2004
Present: William E. Greenwood, Chairman
Allen Heath, Vice Chairman
Hank Barry, Member
Stan Parchman, Member
Sharon Sanden, Member
Trent Petty, Town Manager
Ginger Crosswy, Town Secretary
Absent: No one.
Item #1: Chairman Greenwood opened the meeting at 7:08 p.m.
Item #2: Review and approve minutes of the regular meeting held on April 8, 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 43: 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 10
Paigebrooke Lane. Mr. Petty spoke concerning this item. The applicant Mr. Scott Bradley
was in attendance. The Public Hearing was opened at 7:10 p.m. No one wished to
address the Commission and there was a motion by Commissioner Heath, seconded by
Commissioner Parchman, to close the public hearing. There was no discussion and the
motion carried unanimously. There was a motion by Commissioner Barry, seconded by
Commissioner Sanden, to recommend approval of this SUP application to the Board of
Aldermen. There was no discussion and the motion carried unanimously.
Item #4: Chairman Greenwood presented a plaque to Hank Barry thanking him for his
service that read: "With deepest appreciation for your volunteer time spent making the
Town of Westlake a wonderful place to live and do business, the Planning & Zoning
Commission recognizes Hank Barry for his service on the Town of Westlake Planning &
Zoning Commission from 1999 to 2004." Mr. Barry spoke relating some of his
memories of the time he had spent with Westlake residents who have become friends.
Item #5: There was a motion by Commissioner Heath, seconded by Commissioner
Parchman, to adjourn. There was no discussion and the motion carried unanimously. The
meeting was adjourned at 7:16 p.m.
Approved by the Planning & Zoning Commission on , 2004.
ATTEST:
William E. Greenwood, Chairman
Ginger Crosswy, Town Secretary
Town of Westlake
To: Chairman and Members of the Planning and Zoning Commission
From: Trent Petty, Town Manager
Subject: Regular meeting of December 9, 2004
Date: December 3, 2004
�a I
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 2224 King Fisher Drive.
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.
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 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 Brent Jobe for 2224 King Fisher Drive 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.
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
COMPREHENSIVEORDINANCE OF THE TOWN OF WESTLAKE,TEXAS,
DRIVE;GRANTING A SPECIAL USE PERMIT FOR A PRIVATE WATER WELL, LOCATED AT
22224 KING FISHER FOR SEVERABILITYPROVIDING
UOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
($2,000.00) 1O PROVIDING O'PROVIDING OR
AN EFFECTIVE D.
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.
TIOM7ZAX54 FCF.W,, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN
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 2224 King Fisher Drive
owned for Brandt Jobe.
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 Permit 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 ordinance shall be subject to the same penalty as provided for in the Comprehensive 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 13t' DAY OF DECEMBER 2004.
ATTEST:
Scott Bradley, Mayor
Ginger Crosswy, Town Secretary Trent O. Petty, Town Manager
L. Stanton Lowry, Town Attorney
Town of Westlake
T:• r.,
To: Chairman Greenwood and members of the Planning and Zoning
Commission
From: Trent Petty, Town Manager
Subject: Agenda Backup — wind turbines
Date: December 9, 2004
Conduct a Public Hearing and take any appropriate action regarding an amendment to the
Unified Development Code by adding Article IV, Permissible Uses, Section 14, Wind
Turbines and amending Article XVI, Definitions, Section 2, Words and Terms Defined
for the purpose of defining and prohibiting the construction of wind turbines in the Town
Staff recommends approval.
! .�(!7 �l1.Zl111►117
Wind Turbine generators are becoming increasingly frequent in urban and rural areas.
Recently the City of Keller allowed the construction of a 100 ft tall wind turbine along
the south boundary of Westlake just off Ottinger Rd. Serious reservations have been
expressed about the aesthetic impact of these structures by citizens, members of the P&Z
and the Board of Aldermen. The attached Ordinance prohibits such structures inside the
Town limits of Westlake.
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE
UNIFIED DEVELOPMENT CODE, ARTICLE .ESECTION
TURBINES,WIND .ND ARTICLE XVI, DEFINITIONS, SECTION 2, WORDS AND
TERMS DEFINED, FOR THE PURPOSE OF DEFINING D PROHIBTING THE
CONSTRUCTION OF WIND TURBINES IN THE TOWN OF WESTLAKE;
REPEALING ALL PROVISIONS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE D.
WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of Westlake,
Texas adopted a Comprehensive Plan for the Town; and
WHEREAS, on November 13, 1992, the Board of Aldermen of the town of Westlake,
Texas Adopted a comprehensive Zoning Ordinance; and
WHEREAS, on September 15, 1997, based upon the recommendations of the Planning
and zoning Commission, the Board of Aldermen of the Town of Westlake, Texas amended the
Zoning Ordinance and the subdivision regulations by adopting a Unified Development Code for
the Town of Westlake (the "Town"); and
WHEREAS, the Town has published notice in an official newspaper, all in accordance
with the notice of provisions of Chapter 211 of the Local Government Code of Texas; and
WHEREAS, the Town has proposed this zoning change to the Comprehensive Zoning
Ordinance of the Town and has received a report from the Planning and Zoning Commission of
the Town, as required by State statutes and the conditions and prerequisites have been complied
with, the case having come before the Board of Aldermen (Board) of the Town after all legal
notices, requirements, conditions and prerequisites have been complied with; and
WHEREAS, the amendment to the Unified Development Code is necessary to provide
for consistent definition and regulation of structures located within the Town and to preserve and
protect the health, safety and welfare of the citizens of the Town of Westlake; and
WHEREAS, the construction of wind turbine generators represents significant damage
to the pristine natural views of the rolling hills of the Town of Westlake
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the above findings are hereby deemed true and correct and adopted
into the body of this Ordinance in their entirety.
SECTION 2: That the Comprehensive Zoning Ordinance of the Town be
amended by amending Article IV, Permissible Uses, for the purpose of adding a new
Section 14, Wind Turbines, as follows:
HIMIR EANN► UM R1►1xy
All Wind Turbines, as defined below, are prohibited in the Town of Westlake,
Texas.
The name "wind turbine" shall mean any of various machines used to produce
electricity by converting the kinetic energy of wind to rotational, mechanical and
electrical energy. Wind turbines consist of the turbine apparatus (rotor, nacelle
and tower) and any other buildings, support structures, or other related
improvements necessary for the generation of electric power. The term does not
include electrical distribution or transmission lines, or electrical substations
otherwise regulated by this chapter.
SECTION 3: That the Comprehensive Zoning Ordinance of the Town be amended by
adding the following to Article XVI, Definitions, Section 2, Words and Terms Defined:
Wind Turbine. Any of various machines used to produce electricity by converting the
kinetic energy of wind to rotational, mechanical and electrical energy. Wind turbines
consist of the turbine apparatus (rotor, nacelle and tower) and any other buildings,
support structures, or other related improvements necessary for the generation of electric
power. The term does not include electrical distribution or transmission lines or electrical
substations' otherwise regulated by this chapter.
SECTION 4: If any portion of this Ordinance shall, for any reason, be declared invalid
by any court or competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Board hereby determines that it would have adopted this Ordinance without the
invalid provision.
SECTION 5: This Ordinance shall be cumulative of all other Ordinances of the Town
affecting the regulations of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in direct
conflict with the provisions of this Ordinance.
SECTION 6: It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof shall be
fined, upon conviction, in an amount not more that Two Thousand Dollars ($2,000.00) and a
separate offense shall be deemed committed each day during or on which a violation occurs or
continues.
SECTION 7: This Ordinance shall take effect immediately from and after its passage.
Scott Bradley, Mayor
ATTEST:
Ginger Crosswy, Town Secretary
Trent O. Petty, Town Manager
L. Stanton Lowry, Town Attorney
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