COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE : Jonathan Letz OFFICE: MEETING DATE: Mav 29, 2001 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Commissioners Court Consider and discuss modification to the Subdivision Rules and Regulations and set a public hearing on same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Commissioner #3 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: 5:00 P.M, previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Act of 1968 and the Flood Disaster Protection Act of 1973 as amended. This study has developed flood risk data for various areas of the community that will be used to establish actuarial flood insurance rates and assist the community in their efforts to promote sound flood plain management. Minimum flood plain management requirements for participation in the National Flood Insurance Program are set forth in the Code of Federal Regulations at 44 CFR, 60.3. and Section 16.316 of the State of Texas, Texas Water Code. MUTCD: Texas Manual on Uniform Traffic Control Devices NGVD: National Geodetic Vertical Datum OSSF: On-Site Sewage Facility Owner. As used herein is the same as developer. Pavement Width: The portion of a street or road available for vehicular traffic that is between the backs of curbs; otherwise it is the portion between the opposite edges of the pavement. Person: Any individual, association, Srm, corporation, goverruttental agency, or political subdivision. Plat: A complete and exact plan for the subdivision of a tract of land into lots for building or other purposes, which, if approved, may be submitted to the County Clerk for recording. Private Road: A privately owned way or place used for vehicular travel, and used by the owner and persons who have the owner's express or implied permission. A private road shall rtot be maintained by Kerr County. Public Road: A way or place used for vehicular travel that is open to the public and Kerr Courtly has not accepted by grant, formal dedication, implied dedication, condemnation or prescription, and may not be maintained by Kerr County. Public County Road: A road open to the public that is under the control of Kerr County by grant, formal dedication, implied dedication, condemnation or prescription, and is maintained ~ NSCf~ by Kerr County. Re-plat: See Revision of Plat Revision of Plat: Any change to an approved plat in the lay out of a subdivision including, but not limited to !ot size, lot lay out, names, streets, alleys, squares, pazks, or other parts. ReS; sa-ex~.~ Pw ~s SC o~o..`~ ~,.y;,n eT~r : A v~ e ~,:vac ev ~ice~nS-~ ~ ~.1 a(~ S~T~.~K o ~' 1 ~kU-f. KC Sub Rules & Regs Revision Page 9 6.02.E.5 No sale of lots in any subdivision shall begin until the Court has approved the final plat and subdivision pla~ has been filed with the County Clerk, Kerr County, and Texas. (See definition of Sale~age 9 Can g ~ paq~ l o t~ t 6.03 Final Plat Approval: Submit Final Plats to the County Engineer thirty (30) calendaz days prior to next Commissioners Court meeting, and Routing Slip shall be started by the developer, to be returned to County Engineer fifteen (IS) calendaz days before Commissioners Court meeting requested. Developer shall submit one (1) reproducible mylaz. Plats shall be in correct order to be recorded with all required signatures except for the County Engineer, County Judge and County Clerk. Plats shall not be removed from the County Clerk's possession prior to filing. The mylar copy shall be filed on record with the County Clerk. 6.03.A General: The developer shall have a final plat prepazed, along with the accompanying site improvement data and detailed cost estimates to determine value of bond or letter of credit. 6.03.B Fees to County Clerk: Any final plat shall be accompanied by a filing fee as per Fee Schedule.(See Appendix F) No action shall be taken by the Court until the filing fees have been paid. This fee is not refundable should the developer fail to make formal application for plat approval or should the plat be disapproved. All fees shall be paid by developer. 6.03.0 Form and Content of Plat: 6.03.C.1 The final plat shall substantially conform to the preliminary plat as approved or conditionally approved by the Court, incorporating any and all changes, modifications, alterations, corrections and conditions required by the Court. 6.03.C.2 The final plat shall be on permanent reproducible mylaz, 21 inches vertical and 26 inches horizontal with margins of not less than 1/2 inch. The plat shall be drawn at a scale of not more than 200 feet to one (1) inch. Where more than one sheet is necessary to accommodate the entire subdivision, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. 6.03.C.3 Ten (10)copies of the final plat shall be submitted, together with one (1) reproducible mylar copy of the original, a digital copy in .DWG computer format (labeled with subdivision name); and shall contain all of the features required for preliminary plats as set forth herein and shall also include the following: 6.03.C.3.a Developer's or Owner's Certificate of Ownership, and written consent of all lien holders. KC Sub Rules & Regs Revision page 22 setback line, whether curved or straight. This shall include accurate dimensions, bearing or deflecting angles and radii, area, and central angle, degree of curvature, tangent distance and length of all curves where appropriate. 6.03.D.6 The minimum surveying requiremetts shall conform to the accuracy standazds set by the "Texas Board of Land Surveying 1992 Act" except that in no case shall the requirements be less than the following: a) The raw unadjusted angular error in the field survey shall not exceed fifteen seconds when multiplied by the square root of the number of angles in the traverse. b) The boundary shall be adjusted, and the bearings shall be shown to the nearest 10 seconds and the lengths to the nearest .Ol of a foot. 03.D.7 Location and description of monuments in the subdivision when required Section 5.06~erein. C~an~ ~ ~ S«~ o.., f fl S 6.03.D.8 Number of atl Lots and Blocks shall be shown on the plat. 6.03.D.9 A certification of dedication of all roads and easements, and other land intended for public use, signed by the owner or owners of the property. 6.03.D.10 Certification by a Registered Professional Land Surveyor, registered in the State of Texas, to the effect that such plat represents a complete and accurate survey, and mcets all Kerr County Subdivision Rules & Regulations. 6.03.D.11 The location, dimensions, names a~ description of all existing or recorded streets, alleys, reservatiotts, easements, or other rights-of--way within the subdivision, intersection or contiguous with its boundary or Forming such boundary, with accurate dimensions. 6.03.E Accompanying Data: 6.03.E.1 When submitted, the final plat shall be accompanied by the following site improvement data, prepazed by a Registered Professional Engineer. 6.03.E.1.a Roads: Three copies o1; drawings, construction details, and test reports on all materials used and verification of installed materials, on all roads. 6.03.E.1.6 A general location map of the subdivision showing the entire watershed (U.S.G.S. Quadrangle is satisfactory). 6.03.E.I.c -~ternr drainage plan shall be submitted if required by Section~89 of these regulations. ~Ta ~~ e~ t S.o6 ~f0.~`na t.~ KC Sub Rules & Regs Revision J Page ZQ .-- (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 commissioner's 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 plat that indicates the changes made to the original plat. (~,~ 6.04.F. The revised plat shall be subject to all of the provisions of Kerr "" `~~ 5~ County Subdivision Rules and Regulations. 6.05 Cancellation of Subdivision: A person owning real property in the county that has been subdivided into lots and blocks or into small subdivisions may apply to the connnissioners court for permission to cancel all or part of the subdivision, including a dedicated easement or roadway, to reestablish the property as acreage tracts as it existed before the subdivision. If, on the application, it is shown that the cancellation of all or part of the subdivision does not interfere with the established rights of any purchaser who owns any part of the subdivision, or it is shown who owns any part of the subdivision, or it is shown that the purchaser agrees to the cancellation, the commissioners court by order shall authorize the owner of the subdivision to file an instrument canceling the subdivision in whole or in part. The court shall enter the order in its minutes. After the cancellation instrument is filed and recorded in the deed '~' records of the county, the county tax assessor-collector shall assess the property as if it had never been subdivided. 6.OS.A The commissioner's court shall publish notice of an application for cancellation. The notice must be published in a newspaper, published in the English language, in the county for at least three weeks before the date on which action is taken on the application. The court shall take action on an application at a regular term. The published notice must direct any person who is interested in the property and who wishes to protest the proposed cancellation to appear at the time specified in the notice. 6.OS.B If delinquent taxes are owned on the subdivided tract for anY P~~ing Yom', and if the application to cancel the subdivision is granted as provided by this section, the owner of the tract may pay the delinquent taxes on an acreage basis as if the tract had not been subdivided. For the purpose of assessing the tract for a preceding year, the county tax assessor-collector shall back assess the tract on an acreage basis. 6.OS.C On application for cancellation of a subdivision or any phase or identifiable part of a subdivision, including a dedicated easement or roadway, by the owners of 75 percent of the property included in the subdivision phase or identifiable part, the commissioners court by order shall authorize the cancellation in the manner and after notice and a hearing as provided by Subsections, (A) and (B), However if the owners of at least 10 percent of KC Sub Rules & Regs Revision page 26 the property affected by the proposed cancellation file written objections to the cancellation with '-' the court, the grant of an order of cancellation is at the discretion of the court. 6.OS.D To maintain an action to enjoin the cancellation or closing of a roadway or easement in subdivision, a person must own a lot or part of the subdivision that: abuts directly on the part of the roadway, or easemem to be canceled or closed; or connected by the part of the roadway or easement to be canceled or closed, by the most direct feasible route, to: a) the neazest remaining public highway, county road, or access road to the public highway or county road; or b) any uncanceled common amenity of the subdivision. 6.05.E A person who appears before the coaunissioners court to protest the cancellation of aIl or part of a subdivision may maintain an action for damages against the person applying for the cancellation and may recover as damages an amount not to exceed the amount of the person's original purchase price for property in the canceled subdivision or part of the subdivision. The person must bring the action within one year after the date of the entry of the commissioner's court's order granting the cancellation. 6.OS.F The commissioner's court may deny a cancellation under this section if the commissioner's court determines the cancellation will prevent the proposed interconnection ofinfrastructure to pending or existing development. 6.06. Cancellation of Subdivisions if Land Remains Undeveloped: The commissioners court may cancel, after notice and a hearing a subdivision for which the plat was filed and approved before September 1, 1989. 6.06.A The commissioners court must publish notice of a proposal to cancel a subdivision under this section and the time and place of the required hearing in a newspaper of general circulation in the county for at least 21 days immediately before the date of cancellation order is adopted. The county tax assessor-collector shall, not later than the 14`h day before the date of the heazing, deposit with the United States Postal Service a similar notice addressed to each owner of land in the subdivision, as determined by the most recent county tax roll. 6.06.B At the hearing, the commissioner's court shall permit any interested person to be heard. At the conclusion of the hearing, the court shall adopt an order on whether to cancel the subdivision. The commissioner's court may adopt an order canceling subdivision if the court determines the cancellation is the best interest of the public. The court may not adopt an order canceling a subdivision if: 1) the cancellation interferes with the established rights of a person who is anon-developer owner and owns any part of the subdivision, unless the person agrees to the cancellation; or 2) the owner of the entire subdivision is able to show that: a) the owner of the subdivision is able to comply with the minimum state standards and model political subdivision rules developed under Section 16.343, Water Code, including any bounding requirements; or b) the land developed or improved before September 1, 1989 ^ KC Sub Rules & Rego Revision page 27 ~~ ~~\ S GCS (~. D `~ ~ § 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 ]at. (fj Tfte commissioners court is not required to give notice.by mail under Subsection (c) if the plat revision Acts 1987, 70th Leg., cL. 149.4 1, eff.. Sept. 1, 1987. Amend- ed by Arta 1989, 71st Leg., cll. 845, 4 6, etf.-Aug. 2$ 1989: Acts 1999, 76th Leg., cb.129, 4 $ eff. Sept. 1, 1999. For application proviaiom of Acts 1999, 76th ~LeB eL. 129, see notes to9owing V.T.CA., Local Government Cade 4232.001. § 232.010. Exception to Plat Requirement: Coun- ty Determination A commissioners court of the county may allow conveyance of portions of one or more previously platted lots by metes and:beunds desorption without revising the plat. , Added by Aeta' 1989; 71st Leg., cF,: 845, 4 7, eff. Aug. 28, 1989. ,.::, ... . SUBQHAP7,'F13 B.,„SUBDIV~SICN,PLATfING „ REQUI.It~MENTS IN COUNT' NEAR ;, ;,.; ;,IIyTERNATIONt~L B9RDER , ˘ '232.021: Definitions In this subchapter ~ .,,. (1) :"Board" means the Texas Water Development Board. -c-i;. ; : , .: ,; (2) "Common prpmotional:plan" means any•plan or aclteme of operation ,undertaken by. a: single subdivider or,a group.of subdividers acting!in con- cent, either personally or through an agent, W offer for sale 9r lease lots when the land is:,. - ;,,, , , ,•- ,, •(A) contiguous or part of the same areanof :..land; or: ;: ,_ ,, tB} known, designated, or advertised as a coin- man unit or by a common name: :. '(3) "Executive administrator" means the execu- tive n~mi"+~~tor of the Texas Water Development Board. (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 Act of 1968 (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(bxl), Water Code; tB) adequate sewer facilities by or under Sec- tion 16.343(exl), Water Code;' or (C) the treatment, disposal, and management of solid waste by or under Chapters 361 and 364, Health and Safety Code: (8) "Plat" means a map, chart, survey, plan, or replat containing a description of the subdivided ]and 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~ite, oYCluster 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 area of land into lots intended primarily far residential ...:rise. (12) "Subdivide;" means an individual, fum, cor- poration, or other legal entity that"own"s any inter- est in land and that directly or indirectly-subdivides ` lartid'inta lots as part of a common promolignal plan in the ordinary course of business. .. :.,,. (13) "Subdrvisian° means`an area of land that has been sub~drvidei~ luto lilts for dale or lease.' (14), "Utt7r ~ means a.person, including a legal entity or po~tical sabdrvision, that .provides. the .services of: (A) an electric utility,' as. defined by Section 31.002, lJt~ties Code; ,.. (B). a gas. utility, as defined by, Section 101.003, Utilitiets Code;. and (Q) a water and. sewer utility,. as defined by Section 13.002, Water Code. 1995 Amended by Acts 999, 6 Leg.. th. 62, $ 18.85, eff. Sept. 1, 1999: Acts 1999, 76th Leg., th. 404, 4 4, eff. Sept. 1, 1999. Sections 1 and 80 of the 1995 AM provide: 434 Section VII ROAD DESIGN AND CONSTRUCTION 7.01 Permitted Roads. All roads, whether maintained by the County or by a homeowners association, shall be constructed in accordance with these Regulations and shall be classified as one of the three following types of roads (referred to collectively as "Permitted Roads"): (a) Publicly dedicated, pav and to be maintained by Kerr County and construction pursuant t Section 7.7; S e ~k; o~. ~ Q(o (b) Private, paved and to be maintained by Homeowners Association or property owners in perpetuity (or until constructed to then-applicable County standards for acceptance of maintenance, and accepted for maintenance b~sohdion of the Commissioners Court) and constructed pursuant to Section 7.8; r Sec~},tT~+ 7 , 07 (c) Private, not paved and to be maintained by a Homeowners Association or property owners in perpetuity (or until construction to then-applicable County standards for acceptance of maintenance, and accepted for maintenance by Sec'~t: oh resolution of Commissioners Court) and constructed pursuant to~ection 7~" ~ , 0 $ 7.02 Dedication to Public. Any dedication to the public shall be accomplished either by deed conveying a fee simple interest, by a dedication on the plat conveying a perpetual right of way easement in the property to the County for public use, or by right of way easement. IVo dedication shall be effective until the Final Plat is recorded. In no event shall any private lot extend into a dedicated roadway. 7.03 Design of Public Improvements. All improvements shall be designed and installed so as to provide, to the maximum extent feasible, a logical system of utilities, drainage and roads and to permit continuity of improvements to adjacent properties (See Appendix G for Drawing `~ ~~ 1 _ 7.04 Access to Perm" i~tted Roads. Tracts shall have the minimum direct frontage onto a permitted road set forth below, depending on the classification of road orno which the resulting tract has frontage. Road Classification Country Lane Local Road Collector Road Ctrl de sac Arterial Road Minimun Lot Frontage 200' 200' 200' 60' Subject to approval by Commissioners Court KC Sub Rules & Regs Revision p~ Zq APPENDIX B CERTIFICATION ON PLATS 1) Certifications by Registered Professional Land Surveyor STATE OF TEXAS )( COLJN'I'Y OF KERB )( I do hereby certify: This plat is a true and accurate representation of the property descn'bed and platted hereon as determined from an actual survey of the property made on the ground under my direction and supervision; The subdivision platted hereon (is within) or (is not within) the ETJ of the City of Kerrville, Kerr Cotmty, Texas; The subdivision platted hereon (is) or (is not) within the 100 year flood plain, Flood Zone -according to Flood Insurance Rate Map Community Panel No. 480419 ,dated . for Ken County, Texas. Date Registered Professional Land Surveyor No. - - - - - - - - - - - - - - - - - - - - - - - S~\~;~~-CoJ~ftc-F~bh 2) Certifications by Administrator of On-Site Sewage Facilities Cow~P~y(K 5 I hereby certify that this proposed subdivision is subject to and is capable of compiling with the Hiles and requirements of the State of Texas and Ken County for on-site Sewage Facilities. Any conditions placed on sewage facilities may be found as a plat note, deed record, or license restriction. A permit to construct shall by required before an on-site sewage facility can be constructed. A license to operate shall be required before the facility is used or operated. (Verify this wording on each Plat) Date Designated Representative for Ken County OSSF. Kert County Subdivision Rules & Regulations Appendix - Page 3 S~ Certification by Kerr 911 I hereby certify that the subdivision platted hereon and road names and other matters shown hereon aze in compliance with Kerr 911 guidelines and meets with approval by Kerr 911 according to the Road Naming and Addressing Guidelines of Kerr 911. Date 911 Director 6) Certification by County Engineer I hereby certi5es that this subdivision plat carforms to all requirements of the Subdivision Rules & Regulations of Kerr County. Date (Type Name) County Engineer 'n Approval of the Commissioners Court This plat of has been submitted to and considered by the Commissioners Court of Kerr County, Texas, and is hereby approved by such Court. Dated this day of sy: (Type Name) County Judge - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8) Couuty Clerk's Recording Acknowledgment C ~,, k o~c a S ~-~~ Approved by the Commissioners Court of Kerr County, Texas, on the day of ~tDr A.A ,4~ 'f by Order No. of said Court and was filed for record on the day of ~r.B. !t; at o'clock and was recorded on the ~-e4iuck ~n Volume at Page of the Plat Records of Kerr County, Texas. a6`~ ~ ~ ~- ~ -~ D (Type Name) County Clerk of Kerr County, Texas Kerr County Subdivision Rules & Regulations Appendix -Page 5 N r, H A ~ U H z O ~ ~ ~; [ ~ 3 ~ ~ s -i - n- a { .. k. b ~ ( . ~" H I ~., `O ~., v ~ ~ W ~. 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