ORDER NO. 31108 RESOLUTION CONCERNING PROPOSED LEGISLATION ON COUNTY SUBDIVISION AND LAND USE REGULATIONS Came to be heard this the 24th day of November, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Approve Resolution as amended, with the modification to Number 3 to take out the wording "population density as determined by, and/or" and making it read "to regulate average lot sizes within a designated area by criteria in addition to water availability", and leaving "minimum and/or average" in. 3110 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: Jonathan Letz, Pct.3 OFFICE: County Commissioner MEETING DATE: November 24, 2008 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve Resolution concerning proposed legislation concerning county subdivision and land use regulations. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Letz, 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 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. RESOLUTION NO. STATE OF TEXAS: COUNTY OF: WHEREAS, the Texas Hill Country region is experiencing rapid population growth in its unincorporated areas and municipalities, which has created numerous safety, infrastructure, and financial challenges for County; and WHEREAS, the cost to County to provide and maintain necessary infrastructure and provide services to protect the health, safety, and welfare for a growing population threatens to exceed its capabilities; and WHEREAS, increased development in County has greatly increased traffic on county roads, resulting in unsafe traffic volumes and deterioration of the county road. system; and WHEREAS, the Texas Hill Country is prone to major`'flooding, and the public health and safety hazard due to flooding in County. has been aggravated by dense development and such development's impact on water availability; and- - WHEREAS, unmanaged growth in County has created situations where existing farms, ranches, and residential communities have become. neighbors with non-compatible commercial and industrial land use that negatively impacts the public health, safety, and welfare; and WHEREAS, the Texas Hill Couritry is nationally recognized as a major tourist, recreational, and retirement destination, and protection of the economic viability of County is essential to its future;.;,;;.. NOW, THEREI OK f :. f3E IT RESOLVED, that after an order was adopted and entered in the minutes of the Commissioners Court, this Commissioners Court hereby: Recommends that the Texa, Legislature pass legislation that will help County and other counties in the 7 eras I Ii11 Country, by local option, manage these challenges by: 1. Clarifying, thu counties' authority to manage subdivision development in unincorporated areas; 2. Providing authority for Hill Country counties to require set-backs between incompatible land uses; and 3. Providing authority for Hill Country counties to regulate population density. 4. Providing authority for Hill Country counties to assess impact fees to help counties fund the changes in infrastructure due to development; NOW, THEREFORE, on this the Commissioners Court of capacity as governing body of On motion of Commissioner , secondedby Commissioner ,duly put and carried, this Resolution is hereby adopted. The vote of the Commissioners Court on this matter ~~~as as follows: Voting AYE: Voting NAY: STATE OF TEXAS: COUNTY OF: day of , 19_ , in a meeting of County, Texas, duly convened and acting in its County, the following members being present: County Judge Commissioner, Precinct No. 1 Commissioner, Precinct No. 2 Commissioner, Precinct No. 3 Commissioner, Precinct No. 4 I, County Clerk and Ex officio Clerk of the Commissioners Court, do hereby certify that the above and foregoing is a true and correct copy of a Resolution made and entered by the Commissioners Court in regular session, on the day of , 20_, as it appears on record in the Minutes of said Court, Volume ,Page GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of 20_ RESOLUTION OF THE KERR COUNTY COMMISSIONERS COURT REQUESTING "T'HAT' THE TEXAS LEGISLATURE HELP KERR COUNTY AND OTHER COUNT[ES IN THE TEXAS HILL COUNTRY MANAGE CHALLENGES RELATED TO RAPID POPULATION GROWTH WHEREAS, the Texas Hill Country region is experiencing rapid population growth in its unincorporated areas and municipalities, which has created numerous safety, infrastructure. and financial challenges for Kerr County; and WHEREAS, the cost to Kerr County to provide and maintain necessary infrastructure and provide services to protect the health, safety, and welfare for a growing population threatens to exceed its capabilities; and WI-IEREAS, increased development in Kerr County has greatly increased traffic on county roads, resulting in unsafe traffic volumes and deterioration of the county road system; and WHEREAS, the Texas Hill Country is prone to major flooding, and the public health and safety hazard due to flooding in Kerr County has been aggravated by development: and WHEREAS, water is a natural resource of limited availability in the Hill Country area and development not only places increased demand on water resources, but also increases risk of contamination of rivers, streams, lakes and aquifers to the detriment of the health ,safety and welfare; and WHF.,REAS, unmanaged growth in Kerr County has created situations where existing farms, ranches, and residential communities have become neighbors with non-compatible commercial and industrial land use that negatively impacts the public health, safety, and welfare; and WHEREAS, the Texas Hill Country is nationally recognized as a major tourist, recreational, and retirement destination, and protection of the economic viability of Kerr County is essential to its future; NOW, THEREFORE, BE IT RESOLVED, that the Commissioners Court of Kerr County, Texas hereby: Recommends that the Texas Legislature pass legislation that will help Kerr County and other counties in the Texas Hill Country, by local option, manage these challenges by: I .Clarifying the counties' authority to manage subdivision development in unincorporated areas; 2. Providing authority for Hill Country counties to require set-backs between incompatible land uses; and Providing specific authority for Hill Country counties to regulate minimum and/or average lot sizes within a designated area by criteria in addition to water availability: and 4. Providing authority for Hill Country counties to assess specific infrastructure tees to help counties fund the direct infrastructure cost due to development; ADOPTED THIS 24' N DAY OF NOVEMBER, 2008 _~~77t~y, ~ OUnty f UC~ge ~i ~~ . . H. A, "Buster' aldwin, Co missioner William H. Williams, Commissioner Precinct 2 /' ~-'~-~ 1 ''`'~-~- - Bruce Oehler, Commissioner Precinct 4 PU~~IC PARTICIPATION FORIVi' FOR KERR COUNTY COMMISSIONERS' COURT r Zy- ~~ ~/ INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present to the COUNTY CLERK rior 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 copy for the Clerk to ensure that one is put into the record. Name: ~ ~~~~C' //~ _ ~?~ Address:. ~~~~ ~//~~~~ ~~~~ Telephone: 0 ~~ ~~ ~ S ~J~} Place of Employment: _ ~f ~-L ~~oU ~ ~f ",~,,~ Employment Telephone Do you represent any particular 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: Which Agenda Item (or Items) do you wish to address: ~a l/ In general, are you for or against such Agenda a -( Items)? For Against ~ a~ Signature NOTE: This Public Participation Forrn must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium please state your name and who/what you represent clearly for the court reporter to accurately record who you are PU~~IC PARTICIPATION FORIVi` z~,aS FOR ~l~ KERR COUNTY COMMISSIONERS' COURT INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present to the COUNTY CLERK riot 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 copy for the Clerk to ensure that one is put into the record. Name: ~~:7~ r' ~~~,~~ „l:?yc,,-,~~;~` Address: ~`i ~f /-~,,~~- %"~~-~~~ ,~c. Telephone: ~ ~ ~• ~ ;~ l Place of Employment: ~=`' -~,, Employment Telephone: Do you represent any particular 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: z, yl~-a-- ~-cYi~:'!Js'i~~~/7ci~r i.J[~1.//~~'y ~,~sGfCr• pi y~ ~`- ~ Which Agenda Item (or Items) do you wish to address: /: // In general, are you for or against such Agenda Item (or Items)? For Against >/ i~ .~~~ ~" 'nature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are.