03~3(~(~1~13 ~, 13 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom MEETING DATE: March 13.2006 OFFICE: ROAD & BRIDGE TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action for exemption from plattine under 1 03 C. of Kerr County Subdivision Rules for approximately 249 acres off Upper Turtle Creek between Downine & Colinas Roads. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom/Charlie Dices Robert Mayo ESTIMATED LENGTH OF PRESENTATION: 10 minutes 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: THIS REQUEST RECENED BY: THIS REQUEST RECEIVED ON: 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 towazds you request being addressed at the earliest opportunity See Agenda Request Rules Adopted by Commissioners' Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. Court. KENDALL COUNTY SCHOOL LEAGUE xse*orcE ~+q~ SURVEY No. I, ABSTRACT No. 216 e. I .dv~.e. ~b e.d. .ra- _ _ _RfsiL4i~C i~.~ ~s 'wY nr.n ..._ P / q x xTe'mT Y~uT ~ x.;,,'~oE :.'" , r ,9e*~ .. „ te re.xr`e ew +" @ 3' ~ e ~.mnv xz.w ]o. SURVEY No. 1301 E+ ^ F ~^~. 4CT No. 631 xuaxi e ~.~ e TAR E ~ me .. ~. .. ER P w I ~:~ ixi v JP iia . M i x i iem ~.~ a \ »nw4 * ° °vi ° v ae - M a4i'ioY wW s i ft ~, W' mE RO/D MEM ~ ~~ M 9 tfQeY~ i~ .av j y 1tsEf S e~m ~ ` l 'A0. xF LS 41 i x.~r~- - X • f Idt-3ve.S~ , _U s ~J w m ~ ~ (. rn~.r ~r~/ M Y'[e' 'E 3i~ ~ m ` ]x.RTS. YAS.f. ~ ~ ~ ~ ~ C8 I o iMW S[gti' \ w E MM ~ ~ ~ F x ~ Y ~\ ix~w iov eae \ p ^, v ' n' p YU ~ sa sx Po. Y. Y.<. [ ~ i E °~ '1 _ GP ~-- -- J c I Y .0 T.W.N.G. RY. Co. 51 ABSTRACT ~ w~a~z. ru x>x..•xc I ~ ' v ~ Y ~ M ^v ~ ~ ,~ its Y 1 r @ i fY \ ~ ~K xc w. uxF. ~~ ~ a%.M' v \( I eee0 v M~ L p ~E ~ ~ && ~ ---- 9 ~ °'" f ~ >o. ~I I ~ . D N 3¢I ~Cy' - - - e,li ~__-___ ... ~ I ~ EO' YpE POiO EeSEMEHi MM%'AY i~ wi~i Q ~ ~~ Y tl yTS- I \ T.C. RY. Ca. ~ ABSTRA xe. w. a ~v 4 aGUADALUPE SURVEY COMPAI>T'Y ~. OUADALUPE WASTEWATER COMPAl'dY LAND SURVEYING & ON-SITE WASTEWATER TREATMENT SYSTEMS •~• 2i7A WEST WATER STREET • KERRVILLE, TEXAS 78028 Phone (830) 895-7809 • Fax (830) 896-3534 / Email Charlie(o~nuadaluneonline.com March 1, 2006 /Ms. Truby Hardin and Mr. Leonard Odem Kerr County Road and Bridge 4010 San Antonio Hwy. Kerrville, Texas 78028 RE: Proposed subdivision not to be platted. Dear Truby and Leonard, Please fmd attached a drawing illustrating the approximate layout of a proposed subdivision. This is the same development off Upper Turtle Creek Road that we proposed back in our meeting in December, however at that time the developer, Bob Mayo, was contemplating 5 acre tracts. Recently he has decided to create larger tracts and prefers not to go through the platting process. I believe this development would not require platting as it is exempted by passage 1.03 C. of our current Subdivision Regulations (see highlighted attachment). All of the tracts would be greater than 10 acres and all tracts would front on existing roads. Three tracts would front on Upper Turtle Creek Road, an existing public road, and the other tracts would front on Downing Road, an existing private road situated in an existing 60' wide road easement. We understand that the Kerr County Environmental Health Dept. will probably come to you for a determination whether or not this is a legal subdivision when an application for a septic system is made for one of the lots. We desire that this determination be made up front so no confusion or disappointed purchasers are created at a later date. Could you please give us a letter stating your opinion whether or not this is a legal subdivision. Please call if you have any questions. Thanks for your help. Charlie Dig s Cc Miguel Arrelola, KCEHD GE~lYERAL PROVISIONS & PURPOSES Section I 1.01 Regulating the Filing for Record of Subdivision Plat and Other Requirements Pertinent thereto for alt subdivisions situated outside an incorporated town or city that has adopted Subdivision Rules and Regulations in Kerr County, Texas, and subject to the jurisdiction of the Commissioners Court of Kerr County, Texas. If any incorporated town or city should waive, by vaziance or whatever, its jurisdiction over any subdivision or part ofa subdivision which is located within its Extra Territorial Jurisdiction these regulations shall be applicable. 1.02 Subdivision Plat as defined by Section 232.001 of the Local Governrrrent Code shall be required to be prepared by the owner ff a tract of land is subject to the jurisdiction of the Commissioners Court set forth above and is divided into two or more parts to lay out: A. A subdivision of the tract, including an addition; B. Lots; or C. Streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squazes, parks, or other parts. A division of a tract includes a division regazdless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. 1.03. A subdivision shall not be subject the platting requirement of these rules and regulations if A. The owner does not lay out a part of the tract described in Section 1.02.C. and the land is to be used priruarity for agricultural use, as defined by Section t-d, oc for farm, ranch, wildlife management, or timber production use as defined in Section 1-d-I, Article VIII. Texas Constitution. If the land ceases to be used for agricultural use or for farm, ranch, wildlife management, or timber production use the platting requirement shall apply. B. The tract is divided into four or fewer parts and each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affmity, as determined under Chapter 573, Government Code; and the owner does not lay out a part of the tract as descnl~ed in Section 1.02.C. C. All of the lots of the subdivision aze more than ten acres; and the owner does not lay out a part of the tract as described in Section 1.02.C. D. All of the lots are sold to veterans through the Veteran's Land Board program; and the owner does not lay out a part ofthe tract as descnbed in Section 1.02.C. E. All of the tract of land to be divided belongs to the state or any state agency, board, """ commission of owned by the permanent school fund or any other dedicated funds of KC Sub Rules & Reis Revision, June I0, 2002 p~ 4 0 ~ 2 ONE INCH APPROXIMATELY 0.375 MILES r r ~i ~~ of ~~ t t i i t _1-~ - ~ ~ ,~ ~__• - i I I i i i \ \~-~ e ~ ;_ I eo 1 ~~ I ~~ S~Q13~ JQQ~e ~ I ~onyas _ _ _- ~ o3JCCnpnu ~ / ,~ .~ 0 0 a