Revised IOAS-05
PUBLIC PARTICIPATION FORM
FOR
KERR COUNTY COMMISSIONERS' COURT
Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County
Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed. If
you are handing out any material or documents to the Court, please make sure you have
one extra for the Clerk to ensure that one is put into the record.
Name: f.C~c, ry/~=~,~o[.i p ~7
Address: Q77~~/N~ ~iQ~y7L~,P~ 1~~~/~ ~X /C~o.~s
Telephone: ~ja / ~f~ ~jp
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Employment Telephone: Z/O Z/,.r~ o..t'G '
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NOTE: This Public Participation Form must be presented tot a County Clerk prior to the
time the agenda item(s) are discussed.
Once you reach the sodium alease state your name and who/what you
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I-~~ ~~ ~
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PROTEST OF PROPOSED FALLS RANCH SUBDIVISION
KERB AND KENDALL COUNTIES, TEXAS
JUNE 26, 2006
TO: Kerr County Commissioners' Court
FROM: Trey Barsalou, of Kendall County, who resides in
the Champee Springs Ranches Subdivision at 877 Camino
Cantera, Boerne, Texas 78006
I am a Real Estate Broker by trade and have been licensed
in the State of Texas since the late 60's. More recently, I
have been involved in the planning, sales and
development of large lot subdivisions located in Kendall
County. I am a resident of The Quarry at Champee Springs,
the developer of that subdivision and President of the
Home Owners Association. My home is located
approximately a quarter mile from the proposed Falls
Ranch Subdivision and I use Turkey Knob Road every day.
I was informed recently of this proposed subdivision to be
located in both Kerr and Kendall Counties. This
subdivision would be adjacent to the Champee Springs
Ranches Subdivision, of which The Quarry at Champee
Springs is a part. I understand the developer proposes to
open a major arterial road from Hwy 27 between Comfort
and Center Point and to connect this road to Turkey Knob
Road which is located entirely within the Champee Springs
Ranches Subdivision in Kendall County. I understand the
developer did not inform appropriate officials of Kendall
County of these plans. They learned of this proposed
development only when contacted by residents of my
subdivision. I believe a representative of Kendall County
may be present today.
Several aspects of this proposed development are of great
concern to my neighbors and me:
1. The secrecy in which these plans have been carried out
with respect to
Kendall County.
2. Whether this Court has the authority to approve a
subdivision plat
dependent on access from a road located entirely within
another county and without its consent. The cul de sac at
the end of Turkey Knob Road ends approximately 40-50
yards from the gate at the entrance to the Bowman
property (the present Privilege Creek Ranches
Subdivision) and lies wholly within the platted Champee
Springs Ranches Subdivision. I understand the Bowmans
were informed by Kendall County officials when they
platted the Privilege Creek Ranches Subdivision inside
of Kerr County that Kendall County was not approving
any access to that subdivision from Turkey Knob Road.
Have any officials of Kerr County contacted Kendall
County to inquire if that is not true?
3. The apparent disregard of a deed restriction prohibiting
ingress and
egress to and from Ranger Creek and Turkey Knob
Roads by and from any property outside the Champee
Springs Ranches Subdivision and the Bowman tract
which is a part of the proposed Falls Ranch Subdivision.
A one foot non-access easement was imposed by a prior
owner of these lands (see Volume 555, Page 666 in the
Kendall County Property Records) and exists around a
portion of the proposed subdivision precluding such
access from properties beyond the Bowman tract. I
believe the Bowmans purchased their land subject to that
restriction as I did. If you look at the language of the
restriction it clearly states that the restriction was
established for the "purpose of protecting the value,
attractiveness and desirability" for the properties owned
by my neighbors and me, for the "mutual benefit of the
owners" and is to "run with the title" of our properties.
We were told when we purchased our properties in the
Champee Springs Ranches Subdivision that there would
be no additional traffic on Turkey Knob and Ranger
Creek Roads because of the deed restrictions. Obviously,
that was very appealing. However, the proposed
preliminary plat shows Lane Valley Road to have been
extended across the proposed Falls Ranch Subdivision.
First, I am not aware this has ever been approved by this
Court. The road across the Bowman tract was approved
by this Court as Privilege Lane in the prior plat approved
for the Privilege Creek Ranches Subdivision. Second, in
the concept plan presented you on May 8, back to back
cul de sacs were shown at what appears to be the
approximate boundary between the Bowman and Flach
tracts and which apparently recognized the restriction.
Now the developer in the preliminary plat obviously
intends to extend Lane Valley Road across the non-
access easement and violate the restriction and even
though two separate developments were discussed with
you on May 8. It does not take a rocket scientist to figure
what the object of this scheme is meant to be. For those
who have not been informed, the plan appears to be to
create a major arterial which could open up as much as
20,000 acres in Kerr County to development and whose
traffic will then be dumped on to Turkey Knob Road in
Kendall County, which would bear all of the expense of
maintaining and upgrading this road for the traffic
generated by the Falls Ranch Subdivision and later
developments. My neighbors who all live in a large tract,
heavily restricted subdivision would also have to deal
with the increased traffic coming from outside their
subdivision and on roads not presently adequate to meet
that increased demand. My neighbors and I made
substantial investments in the purchase and improvement
of our properties in reliance on the restrictions unposed
for our benefit. What are we supposed to do if these
restrictions are violated?
4. Has there been any meaningful water availability study
done for this proposed development, which in this time of
severe drought, would seem foolhardy if not required?
Has a storm water drainage study and a traffic impact study
been done, including the impact on Turkey Knob and
Ranger Creed Roads in Kendall County? The foregoing
would show what the consequences of such a development
will be on the current residents of Kerr and Kendall
Counties. Have these studies, if any, been made available to
the public? Where could I get copies? I know my neighbors
and I are concerned about how many more wells can be
drilled in close proximity to our own wells without
affecting our only source of water. Kendall County
required me to limit the number of wells in The Quarry at
Champee Springs to one per tract and we have a minimum
acreage of 25 acres per tract.
5. It is questionable to me whether the concept of cluster
housing as proposed by the developer will be successful.
You do not need to go far for an example of an
unsuccessful attempt to market this same concept. The
Gardens at Tapitio Springs is a good example of consumer
reluctance to move from a traditional small lot subdivision
in the city to a supposedly large lot subdivision and yet end
up living close to neighbors in a cluster. What experience
does this developer have in such developments? Have they
been successful before? Has any effort been made by Kerr
County to check out the developer and its track record?
6. The obvious conflict of interest for Commissioner Letz
and the monetary reward that will fall to him and his family
by virtue of the increased value of his property which is
adjacent to the proposed Falls Ranch Subdivision should
you approve this preliminary plat. I further understand he
has been responsible for the drafting of the new subdivision
regulations for Kerr County which are unclear to me as to
whether they are presently in effect. Which version of the
regulations on your website are now in effect? These are
important issues. Any haste to approve this proposed plat,
combined with the prior secrecy with respect to Kendall
County, will only make the public more suspicious of these
circumstances.
I hope you will give what I have said serious consideration.
I would request that a copy of my remarks be made a part
of the record for this hearing. Judge Tinley- can I give you
a copy of my remarks? Thank you.
Revised 10.03-03 ~~
PUBLIC PARTICIPATION FORM
FOR
KERB COUNTY COMMISSIONERS' COURT
Instructions: Fill out all approprsate blanks. Please print or write legibly. Present to the County
Clerk prior to the time that the Agenda Item (or Items) you wish to address aze discussed. If
you are handing out any material or documents to the Court, please make sure you have
ape extra for the Clerk to ensure that one is put into the record.
Name: ~ y nr rt ~w5 d n.~
Address: ~ p 1 ~. ~~ ~h ~ ~ , ~at v't^<
Telephone: ~ 3 0 ~ 7.4/ 5' g 3 f~ n ' I
Place of Employment: 7. ~ w a A ti ~ ~y ty+, I~7"1'D V N 4(~ y
Employment Telephone: $ 3 ~ ' ~ ' ~ Y ~1- q 3 `'E 3 J
Do you represent any particulaz group or organization? Yes ~No ^
If you represent a group or organization, please state the name, address and telephone number of
such group or organization. /' 9 /~ L
~l h aq~ ~ li0 / NAj lA WlH1 ~ SSi D Ywf 5 ~ tJ F'°
Which agenda Item (or Items) do you wish to address? ~.
In general, aze you for or against such Agenda Item (or Items)? For ^ Against
C~~ f~~
Signature
NOTE: This Public Participation Form must be presented to the County Clerk prior to the
time the agenda item(s) are discussed.
Ouce you reach the sodium, please state your name apd who/what you
resresent clearly for the court reporter to accurately record who you are