I .~ Q gas o8 /. ~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Bill Williams, Pct. 2 MEETING DATE: August 25, 2008 OFFICE: County Commissioner TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on storm water issues regarding property located on Highway 173. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Williams 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 RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. 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 your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~ _~=~~ ~ K] ~ ~~~ COMANCHE-TRACE . August 8, 2008 Honorable Pat Tinley Kerr County Attorney. 700 Main St. Kerrville, TX 78028 Mr. Paul Hofmann City Manager City of Kerrville 800 Junction Hwy. Kerrville, TX 78028 Dear Pat and Paul: ,. ~,~ r M~ lI_ t~ t I'r n - \ - t~ ~) " :l.< It has come to my attention that amini-storage unit is being developed within the ETJ of the City of Kerrville, along 1-Iighway 173, immediately adjacent to The Homestead: Groundwork has begun; and is significantly altering the natural drainage of the property. With further research, I find no application being made to, Environmental Health for septic, nor to-IJGRA for a water well' or TCEQ for environmental "work. _. There are a variety of impacts this project is having on surrounding.{~roperties. The State of Texas Water Code is being violated -the work that has already begun has altered drainage flow, quantities and velocity of storm water to my property-and my neighbors. I expect that either the city or the county is responsible to make sure appropriate engineered drainage plans are " submitted and approved, including detention facilities. I am very familiar with the law in this ' matter and it is clearly being violated. I would expect that instead of city and county pointing the finger at each other for. responsibility on management, permitting, drainage and inspection of the ETJ, that the two agencies-work out who is responsible and get on top of this project. I recall a signage issue in the. ETJ that the city took an active roll with, and this project has far more impact than a sign. A property search of the Kerr County Appraisal District's website indicates there are two parcels purchased by Louis Howard in December, 2Q07. I realize Mr. Howard is not affected by the .subdivision replat ordirance because the parcels have not been subdivided. However, TCEQ requires that a SWP3 plan be d'eveloped'arid implemented on work of this magnitude. There is rio application registered with TCEQ, according to a search of their website. -Per the attached photographs (8/5/08), no silt fencing has been erected, no SWP3 plan posted and significant alterations to drainage have already been made including fill rYlaterial running off on my - property. ~ • The Homestead,•The Woods and our company are atl affected by Mr. Howard's altering the drainage of the property. I believe this area eventually will be annexed into the City limits, and for the safety, health and welfare of surrounding properties, a project within the ETJ.should, at a minimum, adhere to the articles of Special Development Regulations (Art. 11-1-19). 1-would hope: that.adequate Fire, Safety measures have been addressed, as well, due to the proximity to COMANCHE TRACE REALTY COMPANY, LLC 2801 Comanche Trace Drive, Kerrville, Texas 78028 (830)895-8505 Fax: (830)895.8506 Toll Free: (877)467-6282 " www.comanchetrace.com ' Hon. Pat Tinley Mr. Paul Hofmann August 8, 2008 Page 2 existing residential developments. I also think this project falls under some type of federal ADA requirements as well. The USE of the property has been changed dramatically from agriculture to commercial. I wonder if this project's use has been evaluated with the Kerrville Comprehensive Plan for its highest and best use in a residential area. It also should be noted that TxDOT has not received a driveway plan nor traffic study. As a developer, I appreciate the spirit of free enterprise that Kerrville encourages. I respect the requirements and processes we must go through, and I expect my neighbors to do the same. The future of Kerrville's success for its citizens is dependent on everyone doing their part to promote development that adheres to sound standards. It is important that we protect the integrity of development in Kerrville and encourage all developers to work within the framework of the extra-territorial jurisdiction, the City of Kerrville, Kerr County and the State of Texas. Finally, due to the work already in progress, there is damage to the fence separating this property and an adjacent tract currently under contract by my company. The soil being moved has encroached on said property, as evidenced by the attached photographs (8/5/08), and I plan to take action to stop this disruption before further damage occurs. Someone other than a state agency should be in charge at the local level. The City of Kerrville is responsible for enforcing this area since it is within the ETJ. Every agency and local government needs to do its part to make sure this development meets all requirements. I appreciate your attention to this matter. Sincerely, / Trevor Hyde President Encl. cc: Bill Williams, Kerr County Jonathan Letz, Kerr County Richard Garcia, TCEQ John Paul Jones, TCEQ Mike Coward, Tx DOT Todd A. Bock, City of Kerrville Chuck Coleman, City of Kerrville R. Bruce Motheral, City of Kerrville Mack Hamilton, City of Kerrville T. Scott Gross, City of Kerrville Kevin Coleman, City of Kerrville Gordon Browning, City of Kerrville David Jackson, Attorney Guy James Gray, Attorney Jim Myers, The Homestead HOA Tom McGlathery, The Woods HOA Art. 11-I-19 SPECL~I. DEVELOPMENT REGULATIONS FOR SPECIFIC USES (a) Fuel Sales Businesses: Property used for the purpose of the sale of fuels shall be developed in accordance with the following regulations: (1) Distance from Right-of--Way: Service stations may locate fuel pumps and pump islands beyond the setback, but in no case closer than fifteen (15) feet from any street right-of--way; (2) Canony Requirements: Any canopy placed over the pump island may not extend closer than five feet (5.0') to the right-of--way; (3) PUmAS Near Residential Zones: Fuel pumps and pump islands may not be located closer than one hundred feet (100.0') to an "R-1", "R-lA", "RC", "RM", or "RT" zoning district; (4) Pumns Near Existing Residence: Fuel pumps and pump islands may not be located closer than one hundred feet (100.0') to a property currently being developed and used for residential purposes within a zoning district that permits fuel sales. (b) ~~1irii~;S`tori3~e Businesses: The use of property for operating aself-service storage facility shall comply with the following development regulations: (1) Screening Required: No building shall be located so that the door of the self- storage unit faces the street unless screening is constructed along the entire length ` of the building, said screening to be in the form of: (i) a fence constructed in the manner required for Type "A" Screening, (ii) a solid landscape hedge; (iii) another building located between the self-storage units and the street; or (iv) such other screening that may be approved by the Commission upon application of the developer or owner. (2) Required Facade Materials: The sides of all self-storage unit buildings that face a street shall have exteriors that are composed of wood, rock, brick, or stucco unless screened from view from all streets as required in Subsection (1), above; (3) Driveways: All driveways within the complex must be designed to accommodate appropriate fire fighting vehicles and be approved by the City Fire Marshal; (4) Setback Requirements: Notwithstanding Article 11-I-17, no building used as a self-storage unit may be located closer than twenty-five feet from any existing developed residential property or the boundary of any "R-1", "R-lA", "RC", "RM", "RT" or "R-3" zoning district; (5) Recreational Vehicle Storage Units: No building constructed for, or open areas reserved for, the storage of recreational vehicles or travel trailers may be located closer than fifty feet (50.0') from any existing residential property or the boundary of any "R-1", "R-lA", "RC", "RM", "RT" or "R-3" zoning district. (c) Public Assembly Parking In or Abutting Certain Zones: Parking associated with a public assembly use located in or abutting an "R-1", "R-lA", "RC", "RM" or "RT" zoning district shall be screened as follows: (1) Type "A" screening shall be installed along the property line of any other property abutting the parking area, with the actual area used for parking set back not less than five feet from the property line; (2) When the parking area abuts a public right-of--way, the minimum height of the Type "A" screening may be reduced to three feet. (d) Child Care Centers: Property used for the purpose of a child care center shall be developed in accordance with the following regulations: (1) Auproval of Site Plan: Prior to the commencement of operation of any child care center, the owner and/or operator of the proposed center shall submit for review a site plan which indicates the design, location, and operation of the proposed child care center will be in compliance with this Section (d.) and all other applicable provisions of this Chapter. Said site plan shall be approved as follows: (i) if use of the property as a child care center does not require the approval ``'~ of a conditional use permit or an ordinance changing the zoning regulations of the properly, the site plan must be approved by the Commission prior to commencement of operation of the center; or (ii) if use of the property as a child care center requires the approval of a conditional use permit or an ordinance changing the zoning regulations of the property, the site plan shall be approved by the City Council in accordance with the applicable procedures related to the adoption of a conditional use permit of ordinance changing the zoning of the property. (2) Platting of Certain Child Care Center Locations: Child care centers located in an "RT" Residential Transition District must be located on property platted in multiples of the minimum lot width of the district classification requirements. The lot depth must comply with the minimum requirements for the applicable zoning district and shall never be approved in a shape that could not reasonably be converted into standard lots for single-family residential development. (3) Child Care Centers Located in Non-Residential Zoning Districts: Child care centers to be located in the "RT" Residential Transition District or any zoning district not described in Article 11-I-10 must: (i) Be located in an enclosed shopping mall exceeding 300,000 square feet of gross leaseable area; provided, however, the center must be within the ~r+ interior of the mall with no direct access to the exterior of the building except through exits located and designed to be used solely for emergency exits; or 2 Report an Environmental Problem to TCEQ ,~ , ~ `~ ~ .x:,:,,.. s ~x~~ 'f~~ x~~ ~. ' e , ~ . ~,~; .,r.~ ea~+y, .z ...~. .. iax•.+v i.~d,, w+ M~'y`.S,%-~ ., ~ ~ Yom:` CT~v'%w :Yfw.zW{'r.• .i9 ~;g .. Air ~ Water > } Search TCE Data > Agencv Oroanizatio » Questions or Co cm~lalnt.~tceg_; Question... Information Provided... Date Observed August 1, zoos Approximate time observed 12:00 Address or location where Highway 173 east of Kerrville, adjacent to The the problem is occurring Homestead community Nearest city or town Kerrville County where the problem Kerr is occurring Who or what you believe is the source of the Louis Howard problem A brief description of the Development of amini-storage unit, dirt work problem progressing without proper silt fencing, TCEQ permits, sw P3 Your Name Trevor Hyde Your mailing address 2801 Comanche Trace Dr. Kerrville, Texas 78028 Your area code and phone number 830-895-8505 Your a-mail address thyde@comanchetrace.com http://www5.tceq.state.tx.us/oce/complaints/index.cfm?fuseaction=home.imSure 8/7/2008 Report an Environmental Problem to TCEQ Page 2 of 2 V~!eb__Poticies ! Qis~lai..mer ~ Site.._N~l.p Rules. PoEi~ & Legislation ~ Permits, Licenses & Registrations ~ Compliance, Enforcement & Cleanuos Drinkin.9_Water_8c._Water,.A..v_aifability. ~ Reporting (Env...i_ranmental._Qua.lty Assi~tance~_._Educat~an_&_._Partic.paton. Pollut~on_Prevention.&. Reckcling. ~ Contracts,__Funding~..Fees. About._TCEQ ~ Conteet_~s. ~ ~ ,~'~.~ ic;20Q2-2o05 Texas Commission on Environments! Quality ~'~ ~,rr ~~ http://www5.tceq.state.tx.us/oce/complaints/index.cfin?fuseaction=home.imSure 8/7/2008