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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Comm. Letz
OFFICE: County Commissioner
MEETING DATE: March 22, 2010 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on status of ETJ agreement
with the City of Kerrville.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Comm. Letz
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.
CITY OF KERRVILLE
ETJ DEVELOPMENT STANDARDS
Draft Capy
3/9/1.0
Art. MINIMUM DESIGN STANDARDS FOR ETJ DEVELOPMENT
The purpose of this section is to reflect the character and quality of development envisioned by the
City/County to be in the best interest of the citizens both present and future, and to insure that the long
term effects of development which takes place in current times will not become a burden upon the
general public in the future. The standards expressed in this section are established to provide streets of
adequate right-of--way width, alignment and traffic capacity to prevent or at least minimize ''traffic
hazards and congestion, to provide adequate space for the installation of necessary utility service and
collection and disposal of storm waters and to establish adequately sized lots, tracts or parcels of land
where residential and other types of building structures may be constructed without creating hazards to
the health, safety and well being of the occupants.
SECTION (~ PLATS
1. Except as otherwise provided below, the owner of land located within the extraterKitorial
jurisdiction (ETJ) of the City who subdivides the land and/or who previously subdivided land
which was not platted in accordance with the current City Subdivision Ordinance prior to
development, must have a plat of the subdivision or lot approved as provided in this Ordinance.
No improvements to the subdivision or lot shall be commenced until compliance with this
Ordinance if fulfilled.
2. The Following are exempted from the above stated plat requirement:
a. A conveyance of land by dedication, lease or sale to a public agency for a roadway,
utility lines or drainage facility, provided that said conveyance is accepted and approved
by the public agency.
b. The conveyance of parcels of land between owners of adjoining property and contiguous
land, provide that no additional building lot or substandard lot is created.
c. Any lease of public property at the Kerrville Airport.
d. Any property subdivided prior to January 1, 1981, provided that each part ' of the
subdivided property was adequately served by the following after the subdivision:
(1) Streets constructed and previously accepted for maintenance by the City or
County, whichever is applicable;
(2) Water improvements as currently required by this or other applicable ordinances;
City of Kerrville ETJ Development Standards
(3) Sanitary sewer or individual on-site sewage disposal system as currently required
by this or other ordinances;
(4) Storm drainage facilities as currently required by this or other applicable
ordinances, and;
(5) Easements or rights-of--way as may be currently required by this or' other
applicable ordinance for the installation of any of the above stated improvements;
In accordance with Texas Local Government Code §212.004(a), the division of land into
two or more parts provided:
(i) all parts after the division of land are larger than ten acres;
(ii) no public improvement is required by this Chapter to be dedicated, and;
(iii) after the division, each part has access.
"Access" for purposes of this Subsection (e), shall be to an existing public or private right-of-
way abutting each part of the subdivided property.
3. The Planning and Zoning Commission may grant an exception to the plat requirement if it finds
that the use of the land after subdividing will be strictly agricultural and will create no need for
new public streets, water, sewer or storm drainage and will not interfere with the extension of
such public facilities. Agricultural use does not include the processing of agricultural products
or livestock feeding, exhibition or sales facilities.
4. A plat of one lot may be approved for either the original owner of the entire tract and/or a
subsequent purchaser of the lot, if:
a. The original tract has already been subdivided and there are currently multiple owners of
the different lots, and it is not practical to attempt to subdivide all of the original 'tract at
one time; or
b. The owner of the original tract prepares a preliminary plat of the total acreage to meet the
requirements of the Ordinance; or
The Commission finds that the purpose and intent of this Ordinance shall not be impaired
by the approval of the one-lot plat.
SECTION (~ JURISDICTION
From and after the date of its adoption, this ordinance shall govern all subdivisions of land within the
extra-territorial jurisdiction of the City of Kerrville (herein referred to as "ETJ") as provided under Art.
970a, Section 3, of the Vernon's Annotated Civil Statutes for the State of Texas. The boundary of the
ETJ for the City of Kerrville, based upon its population as of the date of the passage of this ordinance is
City of Kerrville ETJ Development Standards 2
one (1) mile from the city limits of the City of Kerrville, and such boundary is subject to revision as
provided in such Art. 970a.
SECTION (~ SUBDIVISION PROCESS
The subdivision planning process consists of two (2) separate phases. The initial phase ', is the
preparation and submission of the preliminary plat of the proposed subdivision. This phase is the most
significant phase in the planning process since it will set the stage for the eventual development'., of the
land. The second and final phase is the preparation and submission of a final plat with construction
plans. However, in the case of minor plats, replats, vacating plats and amending plats, only a final plat
may be submitted.
The Director of Development Services is authorized to approve minor plats, but may, for any reason,
elect to present the plat to the Planning and Zoning Commission for approval. However, the Director
shall not disapprove the plat and shall be required to refer those which he refuses to approve. to the
Planning and Zoning Commission. A minor plat shall be defined as: any plat consisting of four or fewer
lots fronting on an existing street that are adequately served by streets, utilities, drainage facilities (if
necessary), and easements or rights-of--way; and does not require the creation of any new street(s) or the
extension of municipal facilities.
All other plats must be submitted for approval or disapproval to the Planning and Zoning Commission.
The final Plat becomes the recording instrument in the office of the County Clerk when signed by the
Planning and Zoning Commission Chairman or in the case of minor plats, by the City Director of
Development Services, Flood Plain Coordinator, and Onsite Sewage Facilities Administrator if OSSF is
to be the proposed method of sewage disposal.
SECTION (~ FILING FEES (Amended 9/25/07, Resolution No. 2007-96)
1. a. Preliminary plats shall be accompanied by a filing fee as provided in the most current Fee
Schedule.
b. Final Plats shall be accompanied by a filing fee as provided in the most current Fee
Schedule.
Vacating plats, amending plats and replats shall be accompanied by a filing fee as provided
in the most current Fee Schedule.
d. Minor plats shall be accompanied by a filing fee as provided in the most current Fee
Schedule.
e. Requests for waivers/variance require no fees to be paid.
2. Filing fees shall be made by check to the City of Kerrville, Texas. All fees are nonrefundable
3. The fees and charges set forth and/or established herein may be changed and amended from time
to time by resolution of the City Council of the City of Kerrville.
City of Kerrville ETJ Development Standards
Art. 10-IV-2 PROCEDURE FOR PLAT APPROVAL
SECTION (~ PRELIMINARY PLAT
1. General The applicant shall present to City staff a concept plan prior to the submission of the
preliminary plat. The staff shall present the concept plan to the Commission for review and
comment. The objective of the concept plan presentation is to clarify ETJ regulations and the
comprehensive plan-land use strategy guidelines, as they apply to the parcel of land in question
and its proposed subdivision. The concept plan shall include the following information:
a. The property's legal description, and location identifying the site in relation to natural
water courses, public rights-of--way, and significant landmarks which are located 'within
one hundred feet (100.0') of the boundary of the proposed subdivision;
b. Proposed uses, lot layouts, and general land features, to include major grade changes,
flood plains, ridge lines, and drainage courses;
c. Existing and proposed utilities, streets and drainage facilities or courses.
When the proposed subdivision constitutes a unit of a large tract owned by the developer or in
which the developer has interest, the Commission may require that the concept plan identjfy and
include the entire area which is intended to be subsequently subdivided. The presentation,
including portions of the larger tract, shall be required to include, at a minimum, the same
information as required for the concept plan, except that individual lots need not be shcJwn so
long as the anticipated land uses and development density is presented. The latter shall be used
to determine compatibility with street layout, and utility and drainage facility capacities.
The preliminary plat as approved will be the basis for the preparation of construction plans for
improvements. The preliminary plat may be given final approval in phases, but if so, each phase
given final approval shall conform to the approved preliminary plat.
2. Filing Time The time required to review and process the preliminary plat shall be a maximum
of thirty (30) days following receipt of the application and preliminary plat. Plats shall not be
docketed for Commission consideration unless those items identified on the Subdivision
Planning Check List are furnished.
3. Form and Content The purpose of the preliminary plat is to provide the Planning Commission
with adequate information to arrive at a decision on the developer's proposed improvements.
The developer shall submit to the City Planning Department ten (10) copies of the preliminary
plat drawn to an appropriate scale, and a photocopy of the owner(s) deed. Where necessary, the
preliminary plat may be on several sheets accompanied by an index sheet (showing the entire
subdivision at a larger scale). In no case may any single sheet of paper be larger than 24" x 36".
Specific information to be included on the preliminary plat shall consist of:
City of Kerrville ETJ Development Standards 4
a. Natural Features
(1) The location of any visible existing water courses, dry creek beds, caves, springs,
wells, sinkholes and other similar drainage features including existing drainage
structures;
(2) The limit of the "100-year" flood hazard area boundary and the floodvvay, as
determined by the most current map published by the Federal Emet~gency
Management Agency (FEMA). If neither encroaches upon the subject property, a
note to that effect must be placed upon the drawing.
(3) Topographic data drawn by survey, aerial photography, or USGS map
The contoured area shall extend outward in all directions along the entire length' of the
subdivision boundary line for a distance equal to not less than 10 feet nor more than 50
feet in any one direction; provided, however, in the event the developer, his contractors
or agents, are unable to gain access to property adjacent to the proposed subdivision for
the purpose of obtaining the above-required topographical data as the result' of an
inability to obtain the consent of the property owner, or the likelihood of injury to persons
or property who might go on to such adjacent property, the inability to obtain such data,
and the reason for such inability shall be certified to in writing by the developer and
delivered to the Director of Development Services. The Director of Development
Services or his designee shall provide reasonable assistance to the developer in wining
access to the adjacent property; provided however, such assistance shall not require the
City to obtain any easements or commit the expenditures of any City funds. If access to
the adjacent property cannot be obtained with ten (10) working days after receipt'by the
Director of Development Services of the certified statement, the requirement to'extend
the contoured area beyond the perimeter of the proposed subdivision shall be waived.
b. Improvements
The locations, sizes, and descriptions of all existing and proposed improvements 'within,
adjacent to, or for use by the subdivision, whether above or below grade, including, but
not limited to:
(1) gas and petroleum lines;
(2) sanitary sewer, storm sewer, and water lines;
(3) water towers and wells
(4) electrical and telecommunication lines;
(5) drainage structures
(6) streets and alleys; and
(7) parks
City of Kerrville ETJ Development Standards
c. Boundaries
(1) The existing property lines of the land to be subdivided shall be represented by a
boundary survey performed on the ground by a Registered Professional Land.
Surveyor, registered in the State of Texas. The survey shall also be in total
compliance with "The Texas Board of Professional Land Surveying General
Rules of Practice";
(2) The location, dimensions, names, descriptions and recording information as
determined from existing records of all public or private easements or right-of-
way located within, intersecting with, or contiguous to the proposed subdivision
and its boundaries, including, but not limited to, street, alleys, railroad or pipeline
rights-of--way, utility easements. Such easements should be indicated whether or
not such easements are currently improved. The distance from the centerline of
the roadway of any adjoining street to the proposed platted property shall also be
shown;
(3) The location of City limit lines and/or outer border of the City extra-territorial
jurisdiction, as depicted on the City's most recent base map, if either traverses the
subdivision or is contiguous to the subdivision boundary;
(4) The locations, dimensions, names and descriptions of all recorded lots and blocks,
parks, public areas, natural features to be preserved, and permanent structures
within, contiguous to, or within two feet of the subdivision perimeter boundary;
(5) The locations, dimensions, and numbers for all proposed lots and blocks;
(6) The current owner's name, deed or plat reference, and property lines of property
adjacent to the subdivision boundaries; and
(7) A legend. shall be provided, and all lines, symbols and marking on the plat shall
conform to it. The area to be platted shall be drawn in a manner to clearly
distinguish it from other lines on the plat.
d. General
(1) Date the drawing was prepared, north arrow and graphic scale;
(2) Location sketch map drawn to an appropriate scale.
(3) The total contiguous acreage held by the owner(s) shall be indicated. Subdivision
proposed to be developed in phases shall so indicate.
4. Approval The Planning Commission shall render a decision on the preliminary plat at the
meeting for which it is to be considered.
Such decision may consist of approval, disapproval, or conditional approval. Conditional
approval shall be considered to be approval subject to conformity with conditions prescribed by
City of Kerrville ETJ Development Standards 6
the Planning Commission, but shall be deemed to be a disapproval of such plat until such
conditions are met.
Approval of the preliminary plat shall lapse unless a final plat is submitted within one (1) year
from the date of initial approval.
Approval of the preliminary plat by the Planning Commission shall not constitute acceptance of
the final plat, but will be deemed only as expression of approval of the arrangement and
approximate size of streets, lots, and blocks.
Upon approval by the Commission, a single reproducible copy of the preliminary plat shall be
delivered to the Planning Department for placement in city records.
SECTION (~ FINAL PLAT
1. General The final plat shall conform substantially to the preliminary plat as approved,' and if
desired by the developer, it may constitute only that portion of the approved preliminary plat
which he proposed to record and develop at the time ;provided that such portion conforms to all
requirements of this ordinance, and that the phase of development be indicated.
2. Filing Time The time required to review and process the final plat shall be a maximum of
twenty-one (21) days after receipt of application and final plat, and approved civil construction
plans.
3. Form and Content The final plat represents the Planning and Zoning Commission''s final
opportunity to assure that the development conforms to the requirements of this ordinance and
that it is consistent with all the conditions identified in the preliminary plat. The developer shall
submit to the City Planning Department ten (10) copies of the final plat for review, drawn at the
same scale as the preliminary plat. Where necessary, the paper submissions may be on several
sheets accompanied by an index sheet showing the entire subdivision. The final plat shall show
or be accompanied by the following information:
a. Natural Features
(1) The location of center lines of all waterways intended to convey water from or to
adjacent private land owners;
(2) The boundaries of all drainage easements and the one hundred (100) year flood
plain and designated flood way. If the subdivision or a portion thereof 'is in a
flood-prone area, the developer will be required to comply with provisions of the
floodplain management county court orders. This information must be certified
by a Registered Professional Engineer with the following statement:
"The fully developed, concentrated storm water runoff
resulting from the one hundred (100) year frequency storm is
contained within the drainage easements shown and/or public
rights-of--way dedicated by this plat"
City of Kerrville ETJ Development Standards 7
On each buildable lot in said flood plain the required base flood elevation {BFE)
shall be indicated. Vertical bench marks tied to USGS Vertical datum of 1929 or
the City of Kerrville's Coordinate System, shall be shown on the plat with a
maximum horizontal separation of 1,000 feet between benchmarks.
b. Boundaries
(1) The existing outer boundary lines of the land to be subdivided shall be dri~wn in
such a way as to provide easy identification, and shall comply to the requirements
of the preliminary plat. The record calls for course and distance in parentheses
along with the measured bearings and distances which have been surveyed shall
be provided on the final plat for each individual call.
(2) True bearing and distances to the nearest established street right-of--way lines,
official monuments, or existing subdivision corner shall be accurately described
on the plat with bearings and distances from adjacent points in the subdivision to
a known City of Kerrville control point.
(3) Identification (whether "found" or "set") and location of all permanent survey
monuments, with a clear description of the size and type of monuments.
(4) At least one (1) corner of the subdivision shall be located with respect to a'corner
of the original patent survey of which it is a part.
(5) The location, bearing, width, purpose, and approved names (if applicable) of
existing and proposed streets, alleys, easements, and right-of--way to be dedicated
to public use, and lots, with the following data:
(a) Complete curve data including deflection angle (0), chord length, cord
bearing, radius, arc length, and other data required to reproduce the curve
on the ground.
(b) All easements must be depicted in graphic matter on the face of the plat,
with course and distance.
(c) All other lines not intended to be boundary lines (set backs, etc.) shall be
labeled accordingly.
(6) The minimum surveying requirements shall conform to the accuracy standards set
by the "Texas Board of Land Surveying 1992 Act".
c. General
(1) Name and location of subdivision, date the drawing was prepared, graphic scale
and true north arrow;
City of Kerrville ETJ Development Standards
(2) Location map at a scale of one inch to one thousand feet;
(3) Lot and block numbers including 911-address for each lot or tract;
(4) Certification of dedication of all rights-of--way, easements or property to be
dedicated for public use, signed by the owner(s);
(5) An agreement waiving any claim for damages against the City of Kerrville or
Kerr County, Texas occasioned by the alteration of the surface of any portion of
existing streets or alleys to conform to the grade established in the subdivision;
(6) Certification by a Registered Professional Land Surveyor, registered in the State
of Texas, to the effect that the plat represents a complete and accurate survey
made on the ground;
(7) Other certificates as needed, as set forth in Art.
d. Recording
After approval by the Planning Commission, three copies of the approved plat, dawn to
the same scale as the preliminary plat on a permanent reproducible medium suitable for
recording at the county courthouse, and with the original and notarized signatures', of the
owner(s) shall be presented for the signature of either the Director of Planning or the Chair
of the Planning and Zoning Commission for recording. One of the three copies shall be
returned by the Planning Department to the developer for his records.
A drawing providing a complete and accurate representation of the subdivision shall also
be submitted in either Drawing Exchange File (.dxf) or AutoCAD (.dwg) digital format.
The Digital submission shall meet the same standard as the non-digital submission,',except
that title blocks, certifications, signature blocks, legends, scales, north arrows and borders
shall not be required.
The digital submission shall be on a CD or other standard media acceptable to the City of
Kerrville. Payment of fees per sheet shall be paid according to the current Fee Schedule in
lieu of the digital submission. This fee shall be used by the City to pay for an independent
contractor to convert the paper submission into the digital format.
4. Approval
The Planning Commission shall render a decision on the final plat within thirty (30) days of
filing of the complete final plat which includes all necessary construction plans. Such decision
shall consist of approval, disapproval, or conditional approval subject to certain conditions
which, if fulfilled, shall cause the plat to become automatically approved without reappearance
before the Commission, but shall be deemed to be a disapproval of such plat until all conditions
are met.
City of Kerrville ETJ Development Standards
Prior to final approval of the plat, the City Engineer and the County Road Administrator shall
furnish the Planning Commission with a written certificate approving the proposed construction,
plans, or that all improvements have been satisfactorily completed in accordance with these
construction standards and specifications. In applicable situations, the City Engineer shall certify
to the Commission that the proper irrevocable cash or bond guarantees in the amount of one
hundred percent (100%) of construction costs have been secured as well as a one-year (1-year)
warranty from the owner/developer by the City of Kerrville and/or Kerr County to insure the
completion of all improvements required by the Planning Commission.
Additionally a one (1) year maintenance bond in the amount of fifty percent (50%) of the
construction cost of all roads and storm drainage facilities, made payable to Kerr County.
Upon approval of the final plat and certification by the Chairman of the Planning Commission,
the original tracing or a permanent type, reproducible, transparent film and one paper print shall
be retained in the files of the City Planning Department.
Approval of the final plat by the Planning Commission shall not constitute the acceptance 'by the
public of the construction of any streets, or other public way or ground. ',
If the owner/developer so elects, he or she may request that the Planning Commission, after
approval of the preliminary plat and approval of all necessary construction plans by the City of
Kerrville and Kerr County Road Administrator, approve the construction of all or a part,of the
necessary public improvements, prior to final plat approval, then the sufficient cash or bond
guarantee shall be provided for the balance prior to final approval of the plat. ~,
5. Minor Subdivision Approval The Planning Director may approve minor subdivision without
the necessity of submitting the application for approval to the Planning and Zoning Commission
or requiring the developer to obtain approval of a preliminary plat. If the Planning Director
determines he cannot or does not desire to approve a subdivision that qualifies as a 'minor
subdivision, the application shall be forwarded to the Planning and Zoning Commission for
consideration at the next available meeting after proper notice. A subdivision may be considered
a minor subdivision if:
(1) state law or ordinance does not require that a public hearing be held prior to approval of
the subdivision; and
(2) the property being subdivided is not part of a larger tract of land, any part of which has
been the subject of a previous application for a minor subdivision approved ten years
prior to the filing of the application for minor subdivision consideration;
(3) the subdivision consist of three or fewer lots; and
(4) all lots created by the subdivision abut on a street constructed to then current
specifications, unless a waiver or deferral for the upgrade of the street previously
obtained in accordance with this chapter; and
City of Kerrville ETJ Development Standards 10
(5) all water, sanitary sewer, and drainage facilities that are otherwise required to be
constructed pursuant to this chapter are already in place and meet the regulations tihen in
effect for construction of such improvements; however, the subdivision may be
considered and approved as a minor subdivision if no storm water drainage study has
been submitted or the required storm drainage facilities constructed, provided the plat
contains the following note:
A drainage study conforming to the applicable drainage
specifications shall be submitted to, and approved by, the
Flood Plain Administrator. Drainage improvements which
adequately address the findings of the study shall be made
part of the development on the site, and shall be constructed
concurrently with the development of the site.
An approved minor subdivision shall constitute a final plat of said subdivision.
SECTION (~ VACATING AND RESUBDIVISIONlREVISION OF PLAT
1. General A vacating and re-subdivision plat shall be prepared for re-subdivision as defined',in this
document. A formal application to the Planning Department shall be submitted for approval by
the Planning Commission, and the re-subdivision plat shall be prepared in accordance wi(h this
document.
2. Filing Time The time required to review and process a vacating and re-subdivision plat shall be
a maximum of twenty-one (21) days.
3. Form and Content The Director of Development Services shall review the vacating and re-
subdivision plat to see if it conforms to information on the previously filing plat which is now
being vacated and check all changes for compliance with this ordinance.
The vacating and re-subdivision plat and accompanying data shall conform to the previously
filed plat which it is vacating and incorporate any and all modifications, changes, alterations, and
corrections imposed by the re-subdivision process.
The vacating and re-subdivision plat shall be drawn to an appropriate scale 24" x 36". Where
necessary the vacating and re-subdivision plat may be on several sheets accompanied by an
index sheet showing the entire subdivision.
In addition to the requirements for the final plat, the vacating and re-subdivision plat shall also
include the following:
(1) A vacating drawing to show previous plat layout.
(2) A plat reference to volume and page number of the previous plat which is now being re-
subdivided.
City of Kerrville ETJ Development Standards 11
(3) Written evidence of property owner(s) concurrence in accordance with the provisions of
Art. 974a of the Vernon's Annotated Civil Statutes for the State of Texas.
4. Approval The Planning Commission shall render a decision on the vacating and re-subdivision
plat at the meeting for which it is to be considered.
Such decision may consist of approval, disapproval, or conditional approval. Conditional
approval shall be considered to approval subject to conformity with conditions prescribed by the
Planning Commission, but shall be deemed to be a disapproval of such plat until such conditions
are met. All conditions made to the vacating and re-subdivision plat, or conditions imposed,
shall be furnished to the developer in writing.
Upon approval of the vacating and re-subdivision plat and certification by the Chairman !of the
Planning Commission, the original tracing or a permanent type reproducible, transparent film
and one paper print shall be retained in the files of the City Planning Department.
Where physical or topographical features may render the design standards identified to be impracticable,
the Planning Commission may authorize a variance from these standards.
No final plats will be allowed to be filed until subdivision improvements are constructed or an approved
Letter of Credit acceptable to the City and/or County.
All plats in the ETJ require both city and county signatures before filing.
SECTION (~ VARIANCES
The City Planning Commission may authorize a variance from these regulations when undue hardship
will result from strict compliance. In the granting of a variance, the Commission shall prescribe
conditions that it deems necessary to or desirable in the public interest. In arriving at their findings, the
Commission shall consider the nature of the proposed use of the land, existing uses of land 'in the
vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable
effect of the requested variance on traffic conditions and the public health, safety, convenience, and
welfare in the vicinity. Variances shall not be granted unless the City Planning Commission finds pne or
more of the following:
1. That there are special circumstances or conditions affecting the land involved that the strict
application of the provisions of this ordinance would deprive the applicant of the reasonable use
of this land;
2. That the variance is necessary for the preservation of environmental features that would be
affected by a strict application of the ordinance. These features would include tree preservation,
geologic formations, steep slopes, springs, and other similar circumstances;
3. That the variance would enable a more efficient use of the land of previously subdivided parcels
which meet or exceed the area requirements of the City zoning ordinance (deep lots, unusual
shape);
City of Kerrville ETJ Development Standards 12
4. That the granting of a variance would serve to minimize or correct previous development
deficiencies (utility line placement, drainage courses, transmission line location, septic systems);
5. That the variance would enable the developer to orient his lots for greater solar advantage;
6. That the granting of the variance will not be detrimental to the public health, safety or welfare, or
injurious to other property in the area.
Such findings of the City Planning Commission, together with the specific facts upon which such
findings are based, shall be incorporated into the minutes of the City Planning Commission meeting at
which such variance is granted. Variances may be granted only when in harmony with the general
purpose and intent of this ordinance so that the public health, safety and welfare may be secured and
substantial justice done. Financial hardship to the developer, shall not be deemed to constitute a
hardship.
Al] requested variances form the ordinance shall be submitted in writing at the time of formal
application shall of all plats with the City Planning Department. Applications for variance request shall
be confined to the criteria established above.
Where applications for variance have been denied by the City Planning Commission, the applicant shall
have the right to appeal the City Planning Commission's decision to the Extra Territorial Jurisdiction
Appeals Board (ETJAB). The ETJAB may reverse the decision of the City Planning Commission upon
appeal of the applicant only by an affirmative vote of not less than a majority of ETJAB.
The ETJAB shall consist of one County Commissioner appointed by the Commissioners' Court; one
City Councilperson appointed by the City Council; and one member from the general public with
working knowledge and experience in the subdivision development field (ie: engineers, surveyors,
contractors, land developers) to be nominated by the Home Builders' Association in Kerr County
(HBA), and approved by both City and County. Additionally, an alternate member shall be nominated
by the HBA, and approved by the City and County to fill the position of the original nominee from HBA
should a conflict of interest require the original designee to recuse himself/herself from consideration of
a particular project. The terms for the appointees to the ETJAB shall be tow (2) years with a limit of two
(2) consecutive terms.
The ETJAB shall meet upon the written request of an applicant and shall make the Board's
determination to grant or deny the applicant's request within thirty (30) days after the applicant's written
request is received. Should the ETJAB fail to meet or fail to reach a decision within the prescribed thirty
(30) day period, the applicant's request will be automatically granted. All decisions of the ETJAB will
be final and will be transmitted to the applicant in writing.
SECTION (~ STREETS
1. Conformity to the Circulation Plan The location and width of all streets and roads shall
conform to the City of Kerrville Thoroughfare Plan. (Removed)
City of Kerrville ETJ Development Standards 13
2. Relation to Adjoining Street System The proposed street system shall extend existing streets or
projects at the same or greater width, but in no case less than the required minimum width.
3. Additional Width of Existing Streets Subdivision that adjoins existing streets shall dedicate
additional right-of--way to meet the above minimum street requirements.
a. The entire right-of--way shall be provided where any part of the subdivision is on both sides
of the existing street.
b. When the subdivision is located on only one side of an existing street, one-half of the
required right-of--way measured from the center line of the existing roadway, shall be
provided. In no case shall the resulting right-of--way be less than that shown below.
4. Street Right-of-Way Widths The minimum width of "right-of-way," measured from lot line to
lot line, shall be as shown on the Circulation Plan and shall not be less than as follows:
Type W/Curb, Gutter & Storm Drain W/Ribbon Curb & Bar Ditch
Arterial Streets 80-150 ft. 90-160 ft.
Collector Streets 60 ft. 80 ft.
Minor Residential Streets 50 ft 60 ft.
Marginal Access Streets 40 ft. 60 ft.
Access Streets 40 ft. 60 ft.
Alleys 20 ft. 40 ft.
In commercial areas where on-street parking may be anticipated the street and right-Qf--way
(ROW) widths shall be increased ten (10) feet on each side if needed to provide parking vwithout
interference of normal passing traffic.
5. Turn-around (Cul-de-sacs) Minor terminal streets or courts designed to have one end
permanently closed (cul-de-sac) shall be no more than six hundred (600) feet long lunless
necessitated by topography. They shall be provided at the closed end with aturn-around having
an outside roadway pavement diameter of at least eighty (80) feet and street right-of--way
diameter of at least one hundred (100) feet.
Where, in the opinion of the Planning Commission, it is desirable to provide for street access to
adjoining property, proposed streets shall be extended by dedication to the boundary of such
property. Such turn-arounds shall be provided with a paved temporary turn-around having a
roadway diameter of a least eighty (80) feet.
6. Topographic Restrictions In cases where topography or other physical conditions make a street
of the required minimum width impracticable, the Planning Commission may modify the above
requirements.
7. Restriction of Access When a tract fronts on an arterial street or highway, the Planning
Commission may require such lots to be provided with frontage on a marginal access street.
City of Kerrville ETJ Development Standards 14
8. Reserve Strips There shall be no reserve strips controlling access to streets, except where the
control of such strips is definitely placed with the City under conditions approved by the
Planning Commission.
9. Intersections Street intersections shall be as nearly at right angles as is possible, and no
intersection shall be at an angle of less than sixty (60) degrees. Property line radii at street
intersections shall not be less than twenty (20) feet and where the angle of street intersection is
less than seventy-five (75) degrees the Planning Commission may require a greater curb radius.
Wherever it is necessary to permit the construction of a curb having a desirable radius without
curtailing the sidewalk at a street corner to less than normal width, the property line at such street
corner shall be rounded or otherwise set back sufficiently to permit such construction.
10. Street Jogs Street jogs with center-line offsets of less than one hundred fifty (150) feet should be
discouraged.
11. Horizontal Curves Where a deflection angle of more than ten (10) degrees in the alignment of a
street occurs, a curve of reasonably long radius shall be introduced. On streets with right-of-
ways of sixty (60) feet or more in width, the centerline radius of curvature shall be no less than
four hundred (400) feet; on other streets no less than two hundred (200).
12. Street Grades To assure adequate drainage a minimum gradient of 0.35% is necessary.
Maximum grades will vary according to street classification and function. To reduce traffic
hazards, grades on minor streets should not exceed 15% and 10% on collector and arterial
streets.
13. Tangents A tangent of at least one hundred (100) feet long shall be provided between ri;verse
curves on arterial and collector streets.
14. Street Names Proposed streets which are in alignment with already existing named streets, shall
bear the names of existing streets. In no case shall the name for proposed streets duplicate
existing streets names or like sounding street names, irrespective of the use of the suffix ',street,
avenue, boulevard, driveway, place or court. Proposed street names should be checked by the
9-1'-1 Department to avoid conflict with this requirement. ',
15. Addressing The 9-1-1 Director or his designee shall have the authority to assign street addresses
for individual lots or building sites located within the ETJ. A person making application for
approval of a subdivision must request and obtain a designation of street addresses by the 9=1-1
Director prior to approval of the final plat. To the extent feasible, the assignment of individual
street addresses shall be in conformity with the addressing method used by the Kerr Emergency
9-1-1 District or its successor entity.
SECTION (~ BLOCKS AND LOTS
Block length shall not exceed one thousand two hundred (1200) feet maximum
1. Arrangement Insofar as practical, side lot lines shall be at right angles to street lines or radial to
curved street lines. Each lot shall have access to a public or private street.
City of Kerrville ETJ Development Standards 15
2. Minimum Size The size, shape and orientation of lots shall be in accordance with the type of
development and use contemplated. The minimum size of residential lots shall be as follows:
a. Greater than five (5) acres for lots where an individual water well is planned to be the
source of potable water and an on-site sewage facility (OSSF) is located.
b. Greater than one (1) acre for lots served by a public water system and served by an on-site
sewage facility (OSSF) if such OSSF is installed in compliance with the then existing rules
of Kerr County for OSSFs.
c. Lots served by a community sewage collection system and a public water system shall be
at least 6,000 square feet.
Lot Sizing	Minimum Lot	Maximum Density	Minimum Lot Width
w/ H2O and Sewer	6000 s ft	4DUA	60'
w/ H2O and OSSF	1 acre	1DUA	150'
w/ well and OSSF	Greater than 5 acres	2DUA	300'
d. Lots shall have a minimum front footage of:
Minimum Footage
Access Streets (including marginal access streets w/OSSF)(greater than 1 ac)	150 feet
Access Streets (w/both public water & wastewater)	60 feet
Minor Residential (w/no public water and w/OSSF)	250 feet
Minor Residential (w/public water and w/OSSF)	150 feet
Minor Residential (w/public water and public waste water)	60 feet ',
Collector Streets - 61 to 120 Lots (w/no public water and w/OSSF)	250 feet
Collector Streets - 61 to 120 Lots (w/public water and w/OSSF)	150 feet
(May require restricted access)	
Collector Streets - 61 to 120 Lots (w/public water and public wastewater)	60 feet
(Requires restricted access)	
Arterial Roads -greater than 121 Lots (w/no public water and w/OSSF)	350 feet
(May require restricted access)	
Arterial Roads -greater than 121 Lots (w public water and w/OSSF)	150 feet
(Requires restricted access)	
Arterial Roads -greater than 121 Lots (w/public water and public wastewater)	100 feet
(Requires restricted access)	
Driveways shall have the following separations;
Type	Lot Width	Driveway
Separation
(Center to Center	Corner Separation
(Edge to Edge)
			
Arterial	350' w/o shared access	150'	75'
	150' w/shared access	150'	75'
City of Kerrville ETJ Development Standards 16
Collector - Major	300' w/o shared access	100'	S0'
	100' w/shared access	100'	S0'
Collector -Minor	150' w/o shared access	50'	25'
	75' w/ shared access	50'	25'
Residential*		50'	25'
			
* No direct access on Arterials or Major Collectors
3. Utility, Drainage, and Access Easement Lines The minimum width of the easement lines
dedicated to the public shall be from the property lines and shall be a minimum of the following:
Lot Size Front Side Rear
Greater than 5 acres 50' 20' 30'
Less than 5 acres and greater than 1 acre 40' 15' 25'
Greater than 1 acre 30' 10' 20'
SECTION (C) PARKS, OPEN SPACES, PUBLIC EASEMENTS AND PRESERVATION OF
NATURAL FEATURES
1. Parkland Dedication All subdivision plats which are to be approved by the Planning and
Zoning Commission shall conform with the City of Kerrville's Parkland Dedication Ordinance.
2. Easements for Public Utilities The Planning Commission may require easements for ,poles,
wires, conduits, storm and sanitary sewers, gas, water or other utility lines, along any necessary
lot lines. Easements of the same or greater width may be required along the lines of or across
lots, where necessary for the extension of existing or planned utilities.
SECTION (~ DEVELOPMENT OF SENSITIVE LANDS: FLOOD HAZARDS
Land subject to flooding as identified in the Federal Insurance Administration's report entitled "The
Flood Insurance Study", dated January 19, 1982, or the most current update, with accompanying flood
hazard maps shall serve as the basis for identifying those lands susceptible to flood conditions. The
developer and/or his agent at the pre-application conference stage of preparing the preliminary plat shall
establish BFE and floodway elevations. Lands that are to be platted for development which are
susceptible to flooding shall be in accordance with current city/county code requirements or county
flood plain requirements in the ETJ, in which finished floor elevations shall be established a minimum
of one (1) foot above the established flood criteria and/or in accordance with alternatives identified by
the Federal Insurance Administration.
The Planning Commission shall not approve the subdivision of land if from adequate investigations
conducted by all public agencies concerned, it has been determined that in the best interest of the public,
the site is not suitable for platting and development purposes of the kind proposed.
City of Kerrville ETJ Development Standards 17
1. All drainage plans, drainage calculations, drainage structures designs, drainage facilities designs
and all other requirements of this section shall be prepared by a registered professional engineer
experienced in hydraulics and hydrology analysis; shall be signed and sealed by the registered
professional engineer licensed in the State of Texas; and should be prepared using professional standards
of practices of the engineering industry.
A registered professional engineer shall certify on the Final Plat that all drainage requirements
specified by the registered professional engineer were constructed substantially in
accordance with all design criteria submitted and are in compliance with Kerr County/City of Kerrville
ETJ Subdivision Rules and Regulations.
Subdivisions with a minimum lot size of twenty-five (25) acres or fewer than five lots shall be
exempt from item numbers 3 and 4 below.
2. Subdivision design, layout and construction shall be done to minimize any adverse impact to
private property, public property, all easements, and all public or private right-of--way either within or
outside the proposed subdivision. Provisions must be made to assure that no adverse impact is made to
existing drainage systems within public right of ways.
All drainage design, layout and construction shall comply with all applicable laws of the State of
Texas and the United States of America.
3. The criteria set forth under this section are intended to provide guidelines for drainage
calculations. The registered professional engineer that signs and seals the drainage plans, drainage
calculations, drainage structures designs, drainage facilities designs, and all other drainage requirements
is responsible for all drainage calculations.
a. Subdivision drainage calculations for subdivisions with minimum lot
size of greater than five (5) acres.
The calculated post-construction runoff flow rates at the point of flows leaving the
subdivision for each drainage basin should be calculated based on the area of the pre-
development drainage basin plus or minus any added or subtracted area due to subdivision
construction or layout. All runoff flow rate flow calculations shall be done in cubic feet
per second (cfs). The runoff flow rate shall be calculated for the five (5), twenty-five (25),
and one hundred (100) year storm frequency, respectively. Exit velocity runoff flow rates
should not be greater than eight (8) fps from any drainage structure, unless adequate
dissipation or armoring is provided.
(1) The calculated post-construction runoff rates at the point of flow leaving the
subdivision should not exceed the pre-construction runoff rate for the post-
construction drainage basin for each calculated storm frequency.
(2) Drainage channels, storm sewers, detention structures or other systems shall be
constructed to maintain the flow rates set forth in 3.a.(1) above. Vegetative
improvements may be considered in calculating the runoff rates within a
drainage basin.
City of Kerrville ETJ Development Standards 18
b. Subdivision drainage calculations for subdivisions with minimum lot size of less than five
(5) acres.
The calculated post-construction runoff flow rates at the point of flows leaving the
subdivision for each drainage basin should be calculated based on the area of the pre-
development drainage basin plus any added or subtracted area due to subdivision
construction or layout. All runoff flow rate flow calculations shall be done in cubic feet
per second (cfs). The runoff flow rate shall be calculated for the five (5), twenty-five (25),
and one hundred (100) year storm frequency, respectively. Exit velocity runoff flow rates
should not be greater than eight (8) fps from any drainage structure, unless adequate
dissipation or armoring is provided.
(1) The calculated post-construction runoff rates at the point of flow leaving the
subdivision should not exceed the pre-construction runoff rate for the, post-
construction drainage basin for each calculated storm frequency.
(2) Drainage channels, storm sewers, detention structures or other devices shall be
constructed to maintain the flow rates set forth in 3.b.(1) above. Vegetative
improvements may be considered in calculating the runoff rates within a drainage
basin.
4. The drainage area map shall include a prepared plat to a scale of two hundred feet to one inch
(200:1) and with the same contours and scaled lot sizes as shown on the plat. The plan shall
indicate both the pre development and post development acreage areas and run off rates for the
required frequencies for each drainage basin in the subdivision. The storm drainage plan shall
include all lots, roads and easements.
All road widths and grades shall be indicated. Runoff figures shall be indicated on the outlet and
inlet side of all drainage ditches and storm sewers; at all points where the road changes grade of
more than three (3) percent; at all points where the road changes direction of less than 120
degrees and where the water enters another road or storm sewer or drainage ditch.
Three (3) sets of 24"x 36" or 22"x 34" copies of the plat, the plan, and. all backup material and
calculations shall be submitted to the Director of Development Services.
5. Drainage plans shall include and show construction details, calculations showing the anticipated
storm water runoff, including watershed area, percentage and velocity of runoff, and time of
concentration.
6. No corrugated metal pipe less than 18 inches in diameter or comparable flow area shall be used,
including driveway crossings without written approval of Road & Bridge administrator.
7. Drainage easements shall be provided as necessary and shall be maintained by the property
owner unless specifically noted on the Final Plat.
City of Kerrville ETJ Development Standards 19
8. All drainage structures crossing roads within a subdivision shall be sized based on calculated
storm frequency as established by standard engineering practices as follows:
a. Ten (10) year for equalizer and minor drainage channel culverts that drain an area from one
(1) to ten (10) acres.
b. Twenty-five (25) year for medium drainage channel culverts that drain an area from eleven
(11) acres to fifty (50) acres or unnamed stream tributary culverts.
One hundred (50) year for major channel that drain an area from 5 acres to 200 acres, and
named stream culverts.
d. One hundred (100) year for river crossing culverts or bridges.
9. All drainage structure installation and construction shall be inspected and tested during
construction to insure installation and construction is in accordance with the approved plans and
design. Inspections and testing should be performed by or under the direction of the County at
the sole cost and expense of the developer. Inspections and testing shall include verification of
materials used, compaction tests, grade calculations and other testing requirements as may be
required to verify construction. A copy of all testing shall be provided to the county and the City
of Kerrville within 15 days of completion of testing. All test results must be submitted',to the
county and the City of Kerrville at least 15 days prior to the request for Final Plat approval. The
County Subdivision Administrator and City of Kerrville shall be notified in writing 48'' hours
prior to any inspections and testing.
10. All drainage structures shall be covered by a performance bond during construction 'and a
maintenance bond after construction with the follow terms: One bond from developer or general
contractor for all subdivision work with a 1-year warranty.
11. Driveway crossings shall be sized by the engineer who prepared the drainage plans and shall be
based on calculations for the storm frequency as shown in Section ,above.
SECTION (~ DEVELOPMENT STANDARDS FOR ETJ SUBDIVISIONS
1. Exception to Minimum Development Improvements. If the average size of all lots in a proposed
residential subdivision is greater than five (5) acres, a developer may request, and the Planning
and Zoning Commission may approve, a final plat that does not comply with the minimum
development improvements standards required by Section (~, above, provided, however, said
standards may only be modified as follows:
a. Street Width and Construction: Except where a development is extending existing streets
or is accessing streets currently in the city limits, streets may be constructed to the following
minimum standards:
(1) Streets which are not identified on the City's Thoroughfare Plan and which provide
direct access to Residential Streets, must be dedicated to the public with not less than
that shown in Section _ ofright-of--way shall be constructed with:
City of Kerrville ETJ Development Standards 20
(a) six inches (6") minimum of scarified and re-compacted stabilized subgrade not
less than thirty-four feet (34') in width, and
(b) eight inches (8") of compacted flexible base not less than thirty-four feet (34')
in width; and
(c) atwo-course penetration of an asphalt and aggregate surface treatment or a one
and one-half inch (1.5") hot mix asphalt concrete (HMAC) surface overlaying a
one-course penetration of an asphalt and aggregate surface treatment of not less
than thirty feet (30') in width (back of curb to back of curb);
(d) a ribbon curb along both sides of all paved roads, streets, and alleys (If curb and
gutter with storm drainage is elected no ribbon curb is required).
(2) Streets which are identified as Collector Streets on the City's Thoroughfare Plan, as
amended, must be dedicated to the public with not less than that shown in Section
of right-of--way and shall be constructed with:
(a) six inches (6") minimum of scarified and re-compacted stabilized subgrade not
less than forty-four feet (44') in width, or as needed, and
(b) ten inches (10") of compacted flexible base not less than forty-four feet (44') in
width; and
(c) aone and one-half inch (1.5) hot mix asphalt concrete (HMAC) surface
overlaying aone-course penetration of an asphalt and aggregate surface
treatment of not less than forty feet (40') in width (back of curb to back of
curb). However widths shall be designed to carry future anticipated traffic loads.
(d) a ribbon curb along both sides of all paved roads, streets, and alleys (If curb and
gutter with storm drainage is elected no ribbon curb is required).
(3) Streets which are identified as Arterial Streets on the City's Thoroughfare Plan, as
amended, must be dedicated to the public with not less than that shown in Section
of right-of--way and shall be constructed with:
(a) six inches (6") minimum of scarified and re-compacted stabilized subgrade not
less than forty-four feet (44') in width, or wider if needed to match City of
Kerrville Thoroughfare Plan; and
(b) ten inches (10") of compacted flexible base not less than forty-four feet (44') in
width, or wider if needed to match City of Kerrville Thoroughfare Plan; and
(c) aone and one-half inch (1.5) hot mix asphalt concrete (HMAC) surface
overlaying aone-course penetration of an asphalt and aggregate surface
treatment of not less than a minimum of forty feet (40') in width (back of curb
to back of curb), however widths shall be required to be designed to carry
future anticipated loads;
City of Kerrville ETJ Development Standards 21
(d) a ribbon curb along both sides of all paved roads, streets, and alleys (If curb and
gutter with storm drainage is elected no ribbon curb is required).
(4) Dead End Streets shall be platted and constructed so that the street can be extended
into the next tract of land if and whenever that property is developed or for the
purpose of allowing for an extension of a Collector Street or an Arterial Street
identified on the City's Thoroughfare Plan; provided, however, if it is determined that
a street cannot reasonably be extended, such Dead End Street shall not provide'..... direct
access to more than twenty (20) lots.
b. Water Supply Systems. All proposed subdivisions within 2000 feet of existing City
owned water mains, and developing a centralized water utility service, must be served by
the City owned system unless City releases service area. If the proposed subdivision or
development is located more than 2000 feet from the nearest City-owned water main, the
subdivision may be served by:
(1) individual water wells located on each residential lot greater than five (5) acres;or
(2) a central water distribution system not connected to the City's water system,
provided such system is installed in accordance with engineering design standards
established by the City of Kerrville for its own water facilities.
In either case, such system(s) shall be designed per City of Kerrville Standard
Specifications, inspected and approved by the City of Kerrville, and, if required, by any
agency or subdivision of the State of Texas or the United States Government 1?aving
jurisdiction over such matters. At the time of plat application, the developer must indicate
the method by which water service will be provided to the subdivision, and, if using a
central water distribution system, submit all plans for such system to the City Engineer for
approval prior to construction.
c. Waste Water and Sewage Disposal Systems. All proposed subdivisions within 2000 Feet of
existing City owned waste water mains, and requiring centralized waste water utility
service, and must be served by the City owned system unless City releases service area. If
the proposed subdivision or development is located more than 2000 feet from the nearest
City-owned sewage disposal main, the subdivision may be served by:
(1) individual on-site sewage disposal systems; must be inspected and approved by the
Kerr County Environmental Health Department, and if required, by any agency or
subdivision of the State of Texas or the United States Government having jurisdiction
over such matters. If the developer proposes to use individual on-site sewage disposal
systems with the development and individual private water wells, then in no case
shall any single lot within the proposed subdivision be less than five (5) acres. If a
public water system and OSSF systems are used then in no case shall the lot size be
less than one (1) acre. At the time of plat application, the developer must indicate the
method to be used for providing sewage and waste water disposal and, if using a
central sewage disposal system, submit all plans for such system to the City Engineer
for approval prior to construction; or
City of Kerrville ETJ Development Standards 22
(2) a central sewage disposal and waste water treatment system not connected 'tto the
City's sewage disposal system. Such system shall be designed per City of Kerrville
Standard Specifications, inspected and approved by the City of Kerrville. Plans for
the aforementioned system shall be approved by the City Engineer prior to beginning
construction.
d. Underground Utilities. Installation of electric, telephone, and cable television facilities shall
not be required before approval of a final plat. All underground utilities must be installed
prior to final plat.
e. Sidewalks and Street Lights Requirements. Except where a development is extending
existing or accessing streets currently in the city limits, the requirement from street lighting
and sidewalks is waived. However all collector and arterial streets shall have sidewalks on
one side only, and conduit for street lighting shall be installed.
City of Kerrville ETJ Development Standards 23
Art. FORMS
Form 1. Certificate of Ownership and Dedication
I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and
that I (we) hereby adopt this plan of subdivision with my (our) free consent, establish the mirjimum
building restriction lines, and dedicate all public streets, alleys, walks, parks and other open spaces to
public use as noted.
20
Owner
Notary Public
Form 2 Registered Public Surveyor's Certificate
KNOW ALL MEN BY THESE PRESENTS:
That I (name of surveyor) , do hereby certify that I made and actual and
accurate survey on the ground of the hereon platted land that the corner monuments shown hereon where
properly placed under my personal supervision, in accordance with the Subdivision Ordinance of the
City of Kerrville, Texas
20
Registered Professional Land Surveyor
(Seal)
Form 3 Certificate of Approval for Recording
I hereby certify that the subdivision plat shown hereon has been found to comply with the Standard ETJ
Subdivision Regulations for Kerrville and Kerr County, Texas, with the exception of such variances, if
any as are noted in the minutes of the Planning Commission and that has been approved for recording in
the office of the County Clerk.
20
Chairman, Planning Commission
City of Kerrville ETJ Development Standards 24
Form 4. Certificate By Administrator of On-Site Sewage Facilities
I hereby certify that this proposed subdivision is subject to complying with the rules and regulations of
the State of Texas and Kerr County On-Site Sewage Facilities. Individual OSSF system selection will be
made in conjunction with the site evaluation with respect to the individual site permitting process, in
accordance with the 30TAC, Chapter 285, OSSF Rules
20
(Print Name)
Designated Representative for
Kerr County OSSF
All plats shall contain the following note:
"Prior to construction on any lot the owner of said lot shall contact Kerr County OSSF Designated
Representative. All lots in this subdivision are required to comply with all current and future'OSSF
regulations adopted by Kerr County. Individual OSSF systems selection must be made in conjunction
with the Site Evaluation with respect to the individual site permitting process, in accordance with the
30TAC 285 OSSF rules."
Form 5 Certification of the approval of Streets and Utilities
I hereby certify that:
(I) That streets, utilities and other improvements have been installed in an acceptable manner and.
according to City of Kerrville and Kerr County ETJ Standard Specifications in the subdivision entitled
(Subdivision Name)
(2) That a surety bond in the amount of one hundred percent (100%) of construction costs/
$ has been deposited with the City of Kerrville and/or Kerr County for a one year (I year)
warranty to assure completion of all required improvements in case of default.
20
City Engineer or Approving Agent
City of Kerrville ETJ Development Standards 25
Form 6 Waiver of Claims for Damages
In accordance with Art. 10-IV-2 of the Code of Ordinance of the City of Kerrville, Texas, and in
consideration of the approval of (Name of Subdivision), (Owner of Subdivision) does hereby waive any
and all claims for damages against the City of Kerrville, Kerr County, Texas, occasioned by the
establishment of grades or that alteration of the surface of any portion of existing streets and alleys to
conform to the grades established in the above named subdivision.
20
Name of Owner of Subdivision
Form 7 Certification of Street Names and Addresses
(Amended 7/22/08, Resolution No. 2008-58)
I hereby certify that subdivision plat entitled (Subdivision Name) meets with
approval by the 9-1-1 Director, regarding street names and addresses meet the City Master grid system
for house numbers assigned by City of Kerrville Planning Department.
20
9-1-1 Director or Approved Agent
Form 8 Certification of Subdivision Location
That I, (name of Surveyor) hereby certify that the above named
subdivision in within the ETJ of the City of Kerrville, Kerr County, Texas, in accordance with the
City's official map.
20
Registered Professional Land Surveyor
(Seal)
Form 9 Storm Drainage Certificate
That I, (name of Engineer) hereby certify that all storm drainage
structures have been constructed according to the approved construction specifications and drawings.
20
Registered Professional Engineer
(Seal)
City of Kerrville ETJ Development Standards 26
Art. DEFINITIONS AND TERMS
As used in this ordinance, the following definitions shall apply unless the context clearly indicates
otherwise:
1. Block A "block is an land designation consisting of a lot or lots that may be surrounded by
public streets, public parks, cemeteries, or other natural or man-made physical features that
disrupt what would otherwise be an unbroken landscape.
2. Building A "Building" is any structure which is built for the support, shelter, or enclosure of
persons, animals, machinery, equipment, or movable property of any kinds.
3. Building Line or Building Setback Line The term "Building Line" or "Building Setback' Line"
shall refer to a line parallel to the street right-of--way line and defines an area on the building lot
between the street right-of--way lines and the building line within which no building shall be
constructed.
4. Circulation Plan The term "Circulation Plan" is the master plan of major and secondary streets
and highways and which is a component part of the City's Comprehensive or Master Plan with
any and/or amendments as adopted by the City, Planning Commission and Council.
5. Community Sewage System A sewage collection, treatment, and disposal system designed to
serve two or more sewage generating units on separate lots in a subdivision or a system that is
connected to another system for collection, treatment, and disposal of sewage. (Amended
8/28/07, Ordinance No. 2007-14)
6. Comprehensive Plan The term "Comprehensive Plan" and any amendments, or supplements
hereto, which have been adopted in principle by Planning Commission shall be used as a guide
for future development of the City of Kerrville, Texas, and its surrounding areas.
7. Corner Lot The term "Corner Lot" means a lot or parcel of land bound on two (2) sides, usually
at a 90 degree angle, by public streets
8. Crosswalk A public right-of--way not more than six (6) feet in width between propert+~ lines
which provides pedestrian circulation.
9. Developer The word "Developer" shall have the same meaning and effect as the term
"Subdivision" referred to in these definitions.
10. Development The term "Development" shall have the same meaning and effect as the term
"Subdivision" referred to in these definitions.
11. Double Front Lot A "Double Front Lot" means a building lot, not a corner lot, which has
frontage on two (2) streets that are parallel or within forty-five (45) degrees of being parallel to
each other.
City of Kerrville ETJ Development Standards 27
12. Easement The word "Easement" means a strip of land reserved for the use of the public by the
grantor, for the installation and maintenance of utilities, drainage ways, or public access to open
space or for bicycling or other recreational uses.
13. Extra-Territorial Jurisdiction (ETA The term "Extra-Territorial Jurisdiction (ETJ)" is that
area which is contiguous to the corporate limits to the City of Kerrville as stipulated in the Texas
Municipal Annexation Act as amended
14. Final Plat The term "Final Plat" shall refer to the map or plat of a proposed subdivision
submitted to the City Planning Department for approval by the Planning Commission, and said
plat shall be prepared in accordance with this ordinance.
15. Final Plat Approval The term "Final Plat Approval" shall mean approval by the Planning
Commission to begin construction, with possible stipulations, if any, to be met prior to beginning
such construction.
16. Front or Frontage The term "Front" or "Frontage" shall be that portion of a tract of land'which
abuts on a street to which it has direct access.
17. HMAC An abbreviation for Hot Mix Asphalt Concrete (Amended 8/28/07, Ordinance No.' 2007-
14)
18. Lot The word "Lot Depth" refers to a physically undivided tract or parcel of land having ,access
to a street and which is, or in the future may be, offered for sale, conveyance, transfer, lease, or
improvement, which is designated as a distinct and separate tract and may be identified b'y a lot
number or tract symbol on an approved subdivision plat which has been properly recorded:.
19. Lot Depth The term "Lot Depth" is the length of a straight line connecting the mid-point of the
front and rear lot lines.
20. Lot Width The term "Lot Width" is the average length of the front and rear property lines.,
21. Master Plan The term "Master Plan", or Comprehensive Plan is a plan which has been adopted
in principle by the City Planning Commission and serves as the guide for future development of
the City of Kerrville, Texas, and its surrounding areas.
22. May The word "May" is permissive.
23. Off-Site Improvements All required improvements beyond the property limits of the
subdivision.
24. On-Site Improvements All required improvements within or contiguous to the proposed
subdivision.
25. Open Space The term "Open Space" shall apply to public and private property under public or
common ownership designated for recreational use, private park, play lot area, building setback
and ornamental areas open to general view within the development, areas to be retained for
City of Kerrville ETJ Development Standards 28
views and vistas, wild-life preserves, and land set aside for drainage ways. No parking shall be
permitted in lands defined as open space.
26. OSSF (On-Site Sewage Facility) An on-site sewage system capable of complying with the
current rules and regulations of the State of Texas and Kerr County." (Amended 8/28/07,
Ordinance No. 2007-14)
27. Pavement Width The term "Pavement Width" means the portion of the surface of a''street
available for vehicular traffic. Where curbs are laid, "Pavement Width" shall be measured from
back of curb to back of curb. In the absence of curbs it is that portion of vehicular
improvements. ',
28. Person The term "Person" means any individual, association, firm, corporation, governmental
agency, or political subdivision.
29. Plat The term "Plat" means a map drawing, or plan identifying the layout of a subdivision;
which is submitted for approval. ',
30. Pollution The term "Pollution" shall mean any substance which would generate, produce, or
discharge any matter or thing into the atmosphere, surface of land, or water courses, (including
noise or odor) offensive to a person of ordinary sensibilities.
31. Preliminary Plat The term "Preliminary Plat" means the first or introductory plat of a proposed
subdivision submitted to the Planning Commission.
32. Preliminary Plat Approval The term "Preliminary Plat Approval" shall mean the approval, by
all departments including the Planning Department, in conjunction with the approval of the
Planning Commission.
33. Replat The term "Replat or Revision of Plat" shall have the same meaning and effect as the term
"Subdivision" as referred to in these definitions.
34. Shall The word "Shall" is mandatory.
35. Sidewalk The word "sidewalk" means a paved pedestrian way extending the entire length of a
block parallel to a street right-of--way line. Sidewalks shall be constructed within the right-of-
way.
36. Street The word "Street" means aright-of--way which provides vehicular circulation and access
to adjacent property.
a. An Arterial street means a principal traffic artery or traffic way, having continuous routing
over long distances, whose function is to serve as a principal connecting street with state
and federal highways, and shall include each street designated as a thoroughfare or street
on the Circulation Plan.
b. A Collector street means a street whose function is to collect and distribute traffic between
major thoroughfares and minor streets, is not necessarily a continuous routing for long
City of Kerrville ETJ Development Standards 29
distances, has intersections at grades and provides direct access to abutting property, and
shall include each street designated as a secondary street on the circulation plan.
c. A Minor street means a street whose prime function is to provide access to abutting
residential property within neighborhoods, with all intersections at grade, and not of
continuous routing for any great distances to discourage through traffic.
d. Marginal access street means a street whose function is to provide a buffer between a
subdivision frontage on an arterial street or highway. The purpose of these streets'..are to
permit better through traffic movement along arterials while preserving low density
residential living environments.
e. Access street means a street providing access to cluster housing units limited to ten (10)
dwelling units or less. Access streets provide direct vehicular access to individual garages,
drives, or common parking court.
An "Alley" is a minor right-of--way which provides a secondary means of vehicular access
to abutting properties for delivery or public service purposes.
37. Subdivide/Subdivision The dividing of a tract of land into two or more parts by using metes and
bounds description in a deed conveyance, a contract for deed, a lease, or by another manner, for
the purpose of:
Laying out a subdivision of any tract of land or any addition to the City; or
2. Laying out suburban lots or building lots or any lots; or
3. Laying out streets, alleys or parks or other portions intended for public use or the use of the
purchasers, owners or lessees of lots fronting thereon or adjacent thereto.
38. U.G.R.A. The term conveniently used to identify the Upper Guadalupe River Authority
City of Kerrville ETJ Development Standards 30