COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE RF.VIF.WF.D RY THF, COURT. MADE BY: Jonathan Letz OFFICE: Commissioners' Court MEETING DATE: March 26, 2001 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss review of "Revision of Plat" Section 6.04 of Kerr County Subdivision Rules and Regulations to determine if modifications to this section are needed. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: Commissioner Pct. #3 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's 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 you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ale c~ Kerr Countv JudstelCommiasioners From: Jonathan Letz To: Thea Sovil Sent: Tuesday, March 20, 2001 7:30 AM Subject: ~ertde Item Thea, Please put this item on the agenda. C/D Review of "Revision of Plat" Section 6.04 of Kerr County Subdivision Rules and Regulation to determine if modifications to this section aze needed. I have received a number of questions regarding this section of the Subdivision Ruies and Regulations. The questions generally faF1 into two categories: ]. General applicability to existing platted subdivisions and possible need fora "grandfather" provision. 2. Review possibility of a "minor revision of plat" that would comply with Section 232 Local Government Cade and be acceptable to the county. 3/20/01 6.04 Revision of Plat of Ezisting Recorded Subdivision: A person who has subdivided land that is subject to the Subdivision Rules and Reguiations of Kert County may apply in writing to the commissioner's court for permission to revise the subdivision plat flied for record with the county clerk. 6.04. A. A revised plat must be prepared by a Registered Professional land Surveyor registered in Texas. A written application and a checklist submitted to the Cormty Engineer thirty (30) days prior to the requested Court Date. 6.04.B. A recorded copy of the Restrictions and Covenants of the Subdivision being revised must be submitted at the time of the application 6.04C. After the application is filed with the commissioner's court, the court shall publish a notice of the application in a newspaper of general circulation in the county. The notice must include a statement of the time and place at which the wort will meet to consider the application and to hear protests to the revision of plat. The notice must be published at least three times during the period that begins on the 30"' day and ends on the seventh day before the date of the meeting. If all or part of the subdivided tract has been sold to non-developer owners, the wort shall also give notice to each of those owners by certified or registered mail, return receipt requested, at the owner's address in the subdivided tract. 6.04.D. During a regular term of the commissioner's wort, the wort shall adopt an order to permit the revision of the subdivision plat if it is shown to the wort that: KC Sub Rules & Rcgc Revision Page 25 (1) the revision will not interfere with the established rights of any owner of a part of the subdivided land; or (2) each owner whose rights may be interfered with has agreed to the revision 6.04.E. If the wmmissioner's wort permits a person to revise a subdivision plat, the person may make the revision by Sling for record with the wunty clerk a revised plat or part of plat that indicates the changes made to the original plat. 6.04.F. The revised plat shaII be subject to all of the provisions of Kerr County Subdivision Rules and Regulations. § 232.009 LOCAL GOVERNMENT CODE revision of the subdivision plat if it is shown to the court that: (1) the revision will not interfere with the estab- lished rights of any owner of a part of the subdivid- ed land; or (2) each owner whose rights may be interfered with has agreed to the revision. (e) If the commissioners court permits. a person to revise a subdivision plat, the person may make the revision by filing for record with the county clerk a revised plat or part of a plat that indicates the changes made to the original plat. (f) The commissioners court is not required to give notice by mail under Subsection (c) if the plat revision only combines existing tracts. Acts 1987, 70th Leg., rh. 149, § 1, eff. Sept 1, 1987. Amend- ed by Acts 1989, 71st Leg., ch. 345, § 6, eff_ Aug. 28, 1989; Acts 1999, 76th Leg., ch. 129, § 8, eff. Sept. 1, 1999. For application provisions of Acts 1999, 76th Leg., ch. 129, see notes following V.T.CA, Local Government Code $ 212.001. Exception to Plat Requirement: ty Determination A rnmmissioners court of the county may allow conveyance of portions of one or more previously platted lots by metes and.bounds description without revising the plat. Added by Acts' 1989, 71st Leg., ch. 345, $ 7, eff. Aug. 28, SUBCHAPTER B. SUBDPJISION,PLATTING REQUIREMENTS IN COUNTY NEAR ,,INTERNATIONAL BORDER ¢ 232.021. Definitions In this subchapter: (1) "Board" means; the Texas Water Development Board. - :,. ., , (2) "Common promotional plan" means any plan or,scheme of operation undertaken by a single subdivider or. a greup of subdividers acting in con- cert, either personally or through an agent, to offer for sale or lease lots when the land is: .. ,. (A) contiguous or part of the same area: of land; or. •(B) known, designated, or advertisedas a com- mon unit or by a common name: (3) `Executive administrator" means the execu- tive administrator of the Texas Water Development Boazd. (4) "Floodplain" means any area in the 100-year floodplain that is susceptible to being inundated by water from any source or that is identified by the Federal Emergency Management Agency under the National Flood Insurance Aet of 1965 (42 U.S.C. Sections 4001 through 4127). (6) "Lease" includes an offer to lease. (6) "Lot" means a parcel into which land that is intended for residential use is divided. (7) "Minimum state standards" means the mini- mum standards set out for: (A) adequate drinking water by or under Sec- tion 16.343(6)(1), Water Code; (B) adequate sewer facilities by oi• under Sec- tion 16.343(exl), Water Code; or (C) the treatment, disposal, and management of solid~waste by or under Chaptefs 361 and 364, Health and Safety Code. (R) "Plat" means a map, chart, survey, plan, or replat containing a description of the subdivided land with ties to permanent landmarks or monu- ments. (9) "Sell" includes an offer to sell. (10) "Sewer," "sewer services," or "sewer facili- ties" means treatment works as defined by Section 17.001, Water Code, or individual, on-site, or cluster treatment systems such as septic tanks and includes drainage facilities and other improvements for prop- er functioning of septic tank systems. (11) "Subdivide" means to divide the surface azea of land into lots intended primarily for residential :use. (12) "Subdivider" means an individual, fu~in, cor- poration, or other legal entity that owns any inter- est in land and that directly or indirectly subdivides land into lots as part of a common promotional plan in the ordinary course of business. ' (13) "Subdi'vision^ means an area of land that has been subdivided into lots for'sale or lease. (14) "Utilitrv" means a person, including a legal entity or political subdivision, that .provides the services of: (A) an electric utility,- as defined by Section 31.002, Utilities Code; (B). a~gas utility, as defined by Section 101.003, Utilities Code; and (C) a water and sewer utility, as defined by Section 13.002, Water Code. Added by Acts 1995, 74th Leg., ch. 979, § 4, eff. June 16, 1996. Amended by Acts 1999, 76th Leg., ch. 62, § 18.35, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 404, § 4, eff. Sept. 1, 1999. Sections 1 and 30 of the 1995 Act provide: 434