Order No. 25340 Approval to grant variance of Replat of Japonica Hills Subdivision, Lot 20 and allay amended plat to be filed with County Clerk along with Letter from ~1RL'C May 26, 1998 Vol V Page 654 ORDER N0. 25340 AFF'ROVRL TO GRANT VARIRNCE OF REPLRT DF JRF'ONICR HILLS SUBDIVISION, LOT 2D AND ALLOW AMENDED pLAT TO RE FILED WTTH COUNTY CLERF: RLONG WITH LETTER FROM TNRCC _ __.. __ _~:: =-- ~ --- -~..ior~ made by Commissioner Oehler, seconded by Commissioner Baldwin, the Court approved by a vote of 3-1-0, with Commissioner Letz opposing to grant a variance of Replat of Japonica Hills Subdivision, Lot 20 and allow amended plat to be filed with County Clerk, upon approval 6y TNRCC and the County Engineer^. COMMISSIONERS' COURT AGENDA REQUEST ~" "PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnston. P.E. MEETING DATE: May 26. 1998 OFFICE: Road & Bridge Department TIME PREFERRED: SUBJECT:(PLEASE BE SPECIFIC): Consider if a reolat is required for Lot 20 Japonica Hills Subdivision and if so consider preliminary replat and set date for Public Hearing for same EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON: Consider replat of Lot 20. Japonica Hills ESTIMATED LENGTH OF PRESENTATION: 10 minutes i-- PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston/Don Voelkel Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters 551 & 552 of the Government Cade is as follows. Meetings held on first Monday: 5:l)D P. M: previous Tuesday Meetings held on Thursdays: 5:00 P. M. previous Thursday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judges Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the ~rliest opportunity. See Agenda Request Guidelines. '^ Kerr County Road & Bridge /^ 4010 San Antonio Hwy. Kerrville, TX 78028 830) 257-2993 FAX (830 896-8481 TO: Commissioners Court ~~~„~ FROM: Franklin Johnston, P.E. j_/~\ DATE: 5/18/98 RE: Replat of Lot 20 in Japonica Hills Subdivision In September 1995, 7 acres of Lot 20, Japonica Hills Subdivision was sold and conveyed by metes and bounds. Now the owner wants to sell the remaining 18 acres. This kind of lot division comes under Section 6.05 Replat of Existing Recorded Subdivision in Kerr County Subdivision Rules. I do not think Elgin Bank case applies to platted subdivisions. I called Thomas Pollard, County Civil Attorney, regarding whether or not a replat was required before this remaining property was sold and he indicated a replat was required before property was sold and the owner of both tracts would have to sign it. If you determine a replat is required, use this as preliminary replat and set date for Public Hearing. CC: Thomas Pollard /'~ r- 6 OS Replat of Existing Recorded Subdivision r 6 OS.A A person who proposes to replat a recorded plat or a part thereof, is subject to the subdivision Rules and Regulations of Kerr County, such Replat must be prepared by a Registered Professional Land Surveyor registered in Texas, and submit written applications and a checklist to the County Engineer. Upon approval of Preliminary Replat by Commissioners Court, the Commissioners Court will set a public hearing date, County Clerk will cause the notices of the application to be printed in a newspaper of general circulation in the County The notice must include a statement of the time and place at which the Court will meet to consider the subdivision replat. (Cost of Notice to be paid by land owner(s)) 6.05.]3 The notices will be published at least thirty (30) days before the date set for public hearing, in a manner prescribed by law. 6.OS.C Notice of the Application shall be sent to each owner in subdivision, at his or her address on said tract by certified or registered mail, return receipt requested. (Cost of Notice to be paid by land developer or owner.) If less than SO% of return receipts are not received before the day before court date, the item may be postponed by the Court. 6.OS.D The Commissioners Court at a regular meeting of the Court, shall adopt an order pertaining to the person(s) seeking to replat the subdivision if it is shown to the court that: 6 OS.D.1 The replat will not interfere with the established rights of any owner(s) of part(s) of the subdivision. 6.OS.D2 If the replat does interfere with the established rights ofan owner(s) of a part(s) of the subdivision, that the owner has agreed in writing to the revision. 6.05.E The replat will progress in the same manner as a Preliminary Plat and Final Plat and meets all requirements of Kerr County Subdivision Rules and Regulations. 6.OS.F A fee per Fee Schedule (See Appendix F} paid to County Clerk to cover cost of public notices and present receipt to County Engineer 6.06 Plat Revision or Cancellation: The owner or owners or 75% or more of the land area in a subdivision may petition the Commissioners Court for revision or Cancellation (Vacation) of such subdivision, including dedicated roadways or easements pursuant to law Notice of such petition shall be published in a newspaper in the County at least 30 days prior to action by the Commissioners Court at regular term in a manner prescribed bylaw. In addition, non-developer owners of lots in the subdivision shall be notified by certified or registered mail with return receipt requested. (See Section 6.05 above) If approved by the Commissioners Court, the revision or cancellation will be filed with the County Clerk with the usual filing fee. -~ (v pa9es~ n '' ~d~d ~a ~E~ May 13, 1998 Mr. Franklin Johnston Kerr County Engineer 4010 San Antonio Highway Kerrville, Texas 78028 We have a client who owns tract 20 in Japonica Hills Subdivision On or about September 8th, 1995 he sold and conveyed 7.00 acres. He now wants to sell and convey the residue 18 acres. In reviewing Kerr County regulations and the Elgin Bank case, both tracts exceed five (5) acres, front more than two hundred (200) feet on a public road (which requires no road construction there is no requirement for platting. I attach a copy of the Japonica Hills Subdivision with the property highlighted. Please review and respond with your findings as quickly as practical. Thanks i- ~~ . //, ~' D. R. Voelkel copy: Dwaine Machann, Attorney Pete Blommers, Owner /".