/~l''jb~j,~7
~~ ~ COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORGINAL AND ONE COPY OF THIS REQUEST AND DOCUMENTS TO
BE REVIEWED BY THE COURT. PLATS OR LARGE FORMATS PLEASE FURNISH 6 COPIES.
MADE BY: LEONARD ODOM OFFICE: Road & Bride
MEETING DATE: DECEMBER 14.2009 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFICI Consider discuss and take appropriate action to discuss the
Concept Plan for Lot 76 of Stone Leigh Ranch, Pct. 2.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: LEONARD ODOM
ESTIMATED LENGTH OF PRESENTATION: 5 minutes
IF PERSONNEL MA'T'TER -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 a follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED 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 towards your request being addressed at the earliest opportunity. See
Agenda Request Rule Adopted by Commissioners' Court.
~~P~E QF~
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O~u~N p1 K04
Kerr County Road & Bridge
4010 San Antonio Hwy
Kerrville, Texas 78028
TO: COMMISSIONERS' COURT
FROM: LEONARD ODOM
DATE: DECEMBER 14, 2009
RE: DISCUSS THE CONCEPT PLAN FOR LOT 76 OF THE STONE LEIGH RANCH
SUBDIVISION.
LOT 76 OF THE STONE LEIGH RANCH SUBDIVISION IS AN UNOFFICIAL
SUBDIVISION, IT WAS NEVER PLATTED. THE 10.09 ACRES IS LOCATED AT 515 RED
BIRD LOOP AND IS CURRENTLY OWNED BY REBECCA AND MICHAEL HARDIN.
THE HARDINS WOULD LIKE TO DIVIDE THE PARCEL INTO TWO TRACTS.
THE QUESTION THE HARDINS HAVE IS THE DEDICATION OF THE ROAD RIGHT OF
WAY UPON SUBDIVIDING. THE BACK LOT IS PROPOSED TO BE 5.01 ACRES THE
FRONT LOT IS PROPOSED TO BE 5.08 ACRES IF THE COURT WILL ALLOW THE
HARDINS TO CONVEY BY RIGHT-OF-WAY EASEMENT INSTEAD OF THE FEE
SIMPLE. FEE SIMPLE WOULD MAKE THE FRONT LOT ONLY 4.76 ACRES, WHICH
WOULD CAUSE WATER ISSUES.
CHARLIE DIGGS IS HERE FROM GUADALUPE SURVEY COMPANY TO ANSWER
ANY QUESTIONS THE -COURT MAY HAVE.
(FURTHER DISCUSSION IF NEEDED)
AT THIS TIME WE ASK THE COURT FOR THEIR GUIDANCE ON THE FRONT LOT
SIZE WHEN THE ROAD RIGHT-OF-WAY IS CONVEYED BY RIGHT-OF-WAY
EASEMENT.
IF THE COURT ACCEPTS THE HARDIN' S CONCEPT PLAN THEY WOULD LIKE TO
COME BACK TO THE COURT AT A FUTURE MEETING AND SUBDIVIDE THIS LOT
UNDER THE ALTERNATE PLAT PROCESS.
Kh
CC MEMO CONCEPT PLAN HARDIN 515 RED BIRD LOOP
GUADALUPE SURVEY COMPANY
GUADALUPE WASTEWATER COMPANY
LAND SURVEYING & ON-SITE WASTEWATER TREATMENT SYSTEMS
~~~
217A WEST WATER STREET ~ KERRVILLE, TEXAS 78028
Phone (830) 895-1809 • Fax (830) 896-3534 • Email Ehariie~c,Luada9y~onlina_cosn
November 5, 2009
TO: Len and Kelly,
RE: Subdividing of 10.09 acres, being Lot 76 on Red Bird Loop, and being part ofthe unofficial
subdivision of Stone Leigh Ranch. See attachments.
Dear Len and Kelly,
As discussed in our meeting, we want to divide the parcel into two tracts. As we discussed,
certain problems arise when we dedicate the road right of way and one of the tracts falls below 5
acres. After discussions with Gene Williams of Headwaters and fiuther review of Kerr County's
subdivision regulations, here is what we understand and how we would like to proceed.
As you know the Hazdins would like the existing well to be a shared well that would serve both
lots. Gene Williams says that if one of the lots is 5 acres or less, and it is to have a shared well,
the well must be a permitted as a public well, designed to TCEQ standards and approved by
TCEQ. This is not a feasible expense for a two lot subdivision. If both lots are greater than 5
acres, then it can be a shared well and Headwaters and TCEQ need not be involved.
In reading the subdivision regulations, Page 48, 7.02 Dedication to Public. , we discovered that
the rules give an option of conveying the roadway in fee simple or by right -of -way easement.
We would like to opt to do the dedication by right- of- way easement sa that fee ownership of the
road right-of--way remains with the Hardins allowing their forward tract to be 5.08 acres instead
of 4.79 acres.
This would allow the Hardins to have a shared well and keeps the driveway to their house
entirely on Lot One.
With this approach we can be in compliance with Kerr County's Subdivision Regulations, we
need not ask for a variance and we can achieve the objectives of the Hardins. Please let us know
if you concur with our thinking on this.
Y 1dY,
,. (-
Charlie Digges
Cc Michael and Rebecca Hazdin
Section VII
ROAD DESIGN AND CONSTRUCTION
7.01. Roads. All roads, whether maintained by the County, property owner, group of property
owners or by a homeowners association, shall be constructed in accordance with these
Regulations and shall be classified as one of the three following types of roads (referred to
collectively as "Roads"):
(a) Publicly dedicated, paved and to be maintained by Kerr County and
construction pursuant to Section 7.06;
(b) Private, paved and to be maintained by Homeowners Association or
property owners in perpetuity (or until constructed to then-applicable County standards for
acceptance of maintenance, and accepted for maintenance by resolution of the Commissioners
Court) and constructed pursuant to Section 7.07; or
(c) Private, not paved and to be maintained by a Homeowners Association or
property owners in perpetuity (or until construction to then-applicable County standards for
acceptance of maintenance, and accepted for maintenance by resolution of Commissioners Court)
and constructed pursuant to Section 7.08.
~' X7:02 Dedici{tion to Public: Any dedication to the public shall be accomplished either by deed
conveying a fee simple interest, a dedication conveying a perpetual right-of--way easement in the
property to the County for public use, or by right-of way easement. A statement of such
dedication shall be noted on the Final Plat, No dedication shall be effective until the Final Plat
is recorded. In no event shall any private lot extend into a dedicated roadway. No road shall be
accepted for County maintenance unless such acceptance is specifically accepted by separate
court order.
7.03 .Design of Public Improvements. All improvements shall be designed and installed so as
to provide, to the maximum extent feasible, a logical system of utilities, drainage and roads and
to permit continuity of improvements to adjacent properties.
7.4 Access to Roads. Tracts shall. have the minimum direct frontage onto a road set forth
below, depending on the classification of road onto which the resulting tract has frontage.
Road Classification
Country Lane
Local Road
Collector Road
Cul-de-sac
Arterial Road
Minimum Lot Frontage
~.
150'
150'
200'
60'
200'
Kea County Subdivision Rules & Regs /Nov. 26, 2007 $?r~'iege 48
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