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01-24-08 PZ Agenda Packet TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING AGENDA January 24, 2008 7:00 pm WESTLAKE CIVIC CAMPUS - BOARD ROOM 2600 J. T. OTTINGER ROAD 1. CALL TO ORDER. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON DECEMBER 3, 2007. 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 2020 POST OAK PLACE; VAQUERO-ARTHUR ADDITION, PHASE 3; LOT 26, BLK K. 4. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Suite 202 and Westlake Civic Campus, 2600 J.T. Ottinger Road, Westlake, Texas, 76262, on Monday, January 21, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, TRMC, 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. MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING December 3, 2007 PRESENT: Chairman Bill Greenwood, Commissioners Tim Brittan, Allen Heath, and Sharon Sanden. ABSENT: Commissioner Walter Copeland. OTHERS PRESENT: Interim Town Manager Joe Hennig, Town Engineer David McCarver, Town Secretary Kim Sutter, DPS Director Don Wilson, Facilities and Recreation Director Troy Meyer, and Executive Assistant Ginger Awtry. 1. CALL TO ORDER. Chairman Greenwood called the meeting to order at 6:11 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON OCTOBER 25, 2007. Chairman Greenwood introduced the item and asked for a motion. MOTION: Commissioner Sanden made a motion to approve the minutes as presented. Commissioner Brittan seconded the motion. The motion carried by a vote of 4 -0. 3. CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A FINAL PLAT BEING APPROXIMATELY 3.648 ACRES OF LAND AT 1475 DOVE ROAD; DESCRIBED AS THE STANTON ADDITION; C.M. THROOP SURVEY, ABSTRACT NO. 1510, TRACT 5A & 5A01A, TARRANT COUNTY, TEXAS. Mr. Mike Stanton, the applicant, and Mr. Max Cannon were present to address questions from the Commission. Town Engineer David McCarver outlined the case and advised the Commission that the utility lines will be relocated underground prior to the final filing of the plat. Mr. McCarver Town of Westlake Planning and Zoning Commission Meeting December 3, 2007 Page 2 of 2 advised that the final plat conforms to the requirements of the Uniform Development Code and staff recommends approval. Discussion ensued with regard to the dedication of the floodway and floodplain to the Town, and building setback requirements as they relate to the floodplain. MOTION: Commissioner Brittan made a motion to recommend approval of the final plat with corrections with regard to a typographical error, the addition of the surveyor's seal, and compliance with staff recommendations. Commissioner Sanden seconded the motion. The motion carried by a vote of 4 -0. 4. ADJOURNMENT. There being no further business to come before the Commission, Chairman Greenwood asked for a motion to adjourn the meeting. MOTION: Commissioner Brittan made a motion to adjourn the meeting. Commissioner Sanden seconded the motion. The motion carried by a vote of 4 -0. Chairman Greenwood adjourned the meeting at 6:31 p.m. Approved by the Planning and Zoning Commission on the 24th day of January 2008. William E. Greenwood, Chairman ATTEST: Kim Sutter, TRMC, Town Secretary Town of Westlake Memo To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission From: Joe C. Hennig, Interim Town Manager Eddie Edwards, Director of Planning and Development Subject: Regular meeting of January 24, 2008 Date: January 18, 2008 ITEM 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 2020 Post Oak Place in the Vaquero Arthur Addition — Phase 3, Lot 26, Block K. 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 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 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 Scott Simmons on behalf of David and Sharon Gibbs for 2020 Post Oak Place 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 with the condition that the well head be placed outside of any easements and meets the requirements of the Vaquero HOA. Site plan and elevation views are attached for your review. ♦ l "'"llX TT it llA T_ +f� 1 P r f t ~- to 71 Secretary's Office � �� �� ���� �� ��/ � ����� ��� � roc '� �' �'1 � � N � • . ,� ����,� .� CAA caG ,,;,,5g , Tp -7 �w ljjp , trap r'r IV I y"wo Joe � ,►, m 40 64 C�- ---ItvQ Iva srl�� ,7)V© A�J 2008 -01 -18 10;54 ALPHA 9406276760 >> 8173296982 ALPHA OMEGA WATER. WELL 1308 N. HW Y 287 - DECATUR,TX. 76234 PHONE / FAX 940 -627 -8760 DATE: 0 1/1 8/0 3 TO; SIMMONS ESTATE HOMES REGARDING DRAWING AND MEASUREMENT OF AREA OF WATER WELL fAD AND PRESSURE TANK r t�re,s� ttir � w11 � TZrI . �r IV IT I P V1 S2 i i scale # l I j !CRPF c �^ I iz m I � I� z I 0 LOT 36, BLOCK K 0 PRIVATE OPEN SPACE & O DRAINAGE ESMT. O ESQ• I tp Ln I 47.5E S.L. LOT 25, BLOCK K VAQUERO - ARTHUR ADDITOIN PHASE 3 CAB. A, SLIDE 8753 P.R.T.C.T. 77 N LOT 26 20.4 0 BLOCK K .2.1 N CO 1.466 ACRES 0.7 163.6 N 74.5 27.8 c; FORMS 1 s3.z LP" N 3 6 1. .3 TESC2 S5 PL0 "� . " ?NG "" L f� UTIL ATE BLOCK K �� � A CESc EST. pZ o\/za -Iog LOT 26, BLOCK K, VAQL-ERO— ARTHUR ADDITION, PHASE 3, AN ADDITION TO T%E CITY OF WESTLA= TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 8783, PLAT RECORDS, TARRANT COUNTY, TEXAS LEGEND: _ i Y.� -�4-- LO EE) €3P �kf63+� d, �`C° �� A IRON PIN rr CHARLES B. HOOKS, JR. O IRON PIPE 7 •' A Bas VARC STM E ` `s t9� REGISTERED PROFESSIONAL LAND SURVEYOR ❑ CONCRETE A50NUI�.:NT ' ¢ ° �' 1028 NORTH SYLVANIA AVENUE —X— �NCe h—f. WORTH, TEXAS 76111 o— D— POWER LINE —T —T- TELEPHONE UN_ 3948 c.:�J (81 834 -3477 —M7v— CABLE TELEVISION r L .., •,Qp , O CONCRETE MANG � ' F S F ''.v 1, � ASPHALT PAVING , �1nT- Ci OD DATE: 01 -12 -07