/c~a~/OS/./~ COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: October 24, 2005 OFFICE: Commissioner, Pct. 3 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate actlon on Subdivision Rules and Regulations and Water Availability Requirements. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3 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 RECENED BY: THIS REQUEST RECENED ON: 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. DRAFT 102405 COMMISSIONERS COURT ORDER NUMBER Kerr County Water Availability Requirements 1.00 An Order establishing Kerr County Water Availability Requirements for property located in Ken• County outside the city limits of an incorporated or chartered municipality. BE IT ORDERED and ADOPTED by the Commissioners Court of Kerr County, Texas: 1.01. General: Kerr County has been designated as a county within a Priority Groundwater Management Area by the State of Texas. Therefore, pursuant to Chapter 35, Section 35.019, Texas Water Code, the Kerr County Commissioners Court has the authority to require any person seeking plat approval to show: (1) Compliance with Water Availability Requirements adopted by the Commissioners Court; and (2) That an adequate supply of water of sufficient quantity and quality is available to supply the number of lots proposed for the platted azea. 1.02. Water Availability Requirements: Any person fulfilling the requirements set forth below shall be deemed to have satisfied these Water Availability Requirements. Failure to satisfy the Water Availability Requirements shall result in the denial of approval of the plat. The requirements set forth herein aze based on the best currently available knowledge of groundwater under Kerr County based on the following: Texas Water Development Board (TWDB) State Water Plan of Texas The Plateau Water Planning Group -Region (J) Regional Water Plan TWDB Groundwater Availability Model for the Trinity Aquifer TWDB Groundwater Availability Model for the Edwazds-Trinity Aquifer Headwaters Groundwater Conservation District Rules and Regulations The average family or household is assumed to be 2.8 persons and the average daily consumption is 200 gpd per person based on State of Texas population and demand analysis. Sustainability of the Edwazds -Trinity Aquifer and the Trinity Aquifer were taken into consideration. Maintaining adequate spring flow to maintain the base flow in Guadalupe River and its tributazies were also considered. Community water systems will more than likely be subject to additional monitoring by KC Sub Rules & Regs Revision Page 1 HGCD and TCEQ. For this reason there is a lesser acreage requirement for subdivisions that utilize community water systems. The High Density Development Areas are located in areas where surface water is currently being used to meet a portion of the water demand or in areas where there is a reasonable likelihood that surface water will be available in the future. For these reason a lesser acreage requirement for subdivisions in these areas is appropriate. 1.03. Acreage Requirements to meet Water Availability: A. Total Number of Lots Permitted in a Subdivision to Meet Water Availability Requirements: 1. The total number of lots permitted in any subdivision that uses individual water wells as the source of potable water shall not exceed the total acreage in the subdivision divided by five (5) acres. 2. The total number of lots permitted in any subdivision that uses a community water system as the source of potable water shall not exceed the total acreage in the subdivision divided by three (3) acres unless the subdivision is located within a area designated by the Commissioners Court as a High Density Development Area as defined in 1.03.C. V 3. The total number of lots permitted in any subdivision in an area designated as a High Density Development Area as defined in 1.03.C. shall not exceed the total acreage in the subdivision divided by two (2) . B. The Minimum Lot Size Requirement to Meet Water Availability Requirements, the Current Order for Rules of Kerr County, Texas for On- site Sewage Facilities, if applicable; TCEQ Rules and Regulations, if applicable; and Rules and Regulations of HGCD, if applicable: 1. Five (5) acres for lots where an individual water well is planned to be the source of potable water and an on-site sewage facility is located. 2. One (1) acre for lots served by community or public water systems and served by OSSF if such OSSF can be installed in compliance with the current Order for Rules of Kerr County, Texas for On-site Sewage Facilities. 3. One (1) acre for lots to be served by a community or public water system and a community sewage collection system.. Lesser acreage requirements may be approved by the Commissioner's Court on a case by case basis based on the development plan. 4. One-half (1/2) acre for lots to be served by a community or public water system and a community sewage collection system and the subdivision is located in a designated High Density Development Area. Lesser acreage requirements may be approved by the Commissioner's Court on a case by case basis based on the development plan. KC Sub Rules ~. Regs Revision Page Z C. High Density Development Areas: To be classified as a High Density Development Area the subdivision shall have a community or public water system and a community sewage collection system. Kerr County has designated areas of Kerr County as set forth below as High Density Development Areas. 1. The City of Kerrville ETJ. 2. The City of Ingram ETJ. 3. Center Point Area -defined as an azea within a one (1) mile radius of the intersection of State Highway 27 and FM 480. 4. Comfort Area - defined as an area within a one (1) mile radius of the intersection of State Highway 27 and Broadway Street. Note this intersection is within Kendall County. A water utility and a waste water disposal plan must be submitted and approved by a licensed engineer. Such plan shall include an analysis of groundwater availability and quality and shall meet all TCEQ Rules and Regulations, if applicable; and Rules and Regulations of HGCD, if applicable: 1.04. Public or Community Water Systems: (1) Systems with more than Fifteen (15) Connections. If the person requesting plat approval proposes to utilize a new public or community water system, such system shall be developed in accordance with Subchapter C., Chapter 341, Texas Health and Safety Code and as defined by current rules and regulations of the Texas Commission on Environmental Quality (TCEQ) 30 TAC Chapter 290. If the public or community water system will have more than fifteen (15) connections, the developer shall submit to the Commissioner's Court a letter or other document from TCEQ approving the plans and specifications of the proposed water system and a letter or other document stating that the proposed water system has sufficient capacity to serve the proposed connections. (2) Systems with Fifteen (15) or Less Connections. If the public or community water system will have fifteen (15) or less connections, the developer shall submit to the Commissioner's Court a letter or other document from a engineer licensed in the State of Texas knowledgeable in designing public or community water systems, approving the plans and specifications of the proposed water system and a letter or other document stating that the proposed water system has sufficient capacity to serve the proposed connections. 1.05. No Warranties: Approval of any plat based upon meeting the Water Availability Requirement shall not constitute a warranty by the Commissioners Court as to the quantity or quality of groundwater available. KC Sub Rules & Rcgs Revision Pnge 3