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Travis County Commissioners Court

September 28, 2004
Item 41

View captioned video.

Item number 41 is to consider and take appropriate action on request -- a request for exception to frontage standards and a plat for recording in precinct 3, resubdivision of lot 10, big creek ranch subdivision phase i, revise plat five lots, 13.34-acres, outback trail, service to be provided by on site wastewater facility. Outside all municipal etj.
>> [inaudible]
>> ... Regarding access to a county maintained roadway. There have been several meetings that have taken place sponsored by the Commissioner and county staff between the applicant and the neighborhood. I知 sad to say that there has not been any consensus on a settlement on this regard. The applicant has asked that we put this back on the court agenda for decision. So we are at this point where we still have an outstanding variance request to connect the recent subdivision to a county maintained road. That requirement would be difficult to attain by the owner, because of the length of the roadway, it would be financially expensive to upgrade the roadway from where these lots are back to a county-maintained road. As an alternative to that, and i've suggested this to the applicant, that the applicant put up prorata share for upgrading the roadway to 1949 standard. You know that we have subdivisions like this that were done before the county had subdivision regulations. They are not up to county standards because they're old subdivisions. They precede our standards. But we do have a program that we call substandard road program where we allow people who live in these subdivisions to upgrade their road system to meet a 1949 modified standard, basically the road gets put into a paved to a lesser standard that is currently in our subdivision regulations, but after it's brought up to that standard the county would accept it and maintain it. That would fulfill I think what our standard is based on. What we're typically concerned about is that it will an all weather road to these lots so that when we accept subdivisions we can tell future home buyers that they're going to get mail service, school buses come pick up their kids, they're not going to have any problem with e.m.s. And fire units getting to their houses and all that, so we have that figured in there in part as a public safety issue. So if the road were upgraded, it somewhat meets the spirit intent of our subdivision regulations. The cost of that, the prorata share to upgrade that roadway is about a 300 -- about a $325,000 cost to upgrade the entire roadway. It serves about 19 lots total within that stretch of roadway. We asked the applicant if she would be willing to put up her prorata share of that to contribute toward the upgrade of the roadway to the 1949 standards; thereby not exactly fulfilling the letter of the subdivision regulations but at least going toward the intent of that. So that is one alternative that I propose to the court today, that it still requires a variance because it technically does not meet the county standards. If you want to go a step beyond that, require the applicant to come up with the money, the proportionate share of the money that it would take to upgrade the roadway that served her five lots, now, with the other property owners along the roadway were not willing to contribute their prorata share, you still would not have enough money, you would not have a paved roadway. You would have to wait until all the property owners along the roadway were agreeable to paying their fair share. But in this case, at least, the applicant who wanted to resubdivide had fulfilled what we expressed in our intent to be an all purpose roadway. That is as close as I can come to splitting the baby on this issue. It's a difficult situation. We're talking about taking a lot, dividing it into five lots. That act in and of itself is probably not onerous unless you look at it in the context of the entire subdivision and that potentially happening with all the same lots in the subdivision. Then you have a situation where you're likely to have many constituents coming to the county wanting us to pave the subdivision streets because of the amount of traffic. And so this gets somewhat to that point. I知 not representing that this is the desire of the community at large. And I知 only trying to weigh all the pros and cons of this thing and perhaps get to the middle of the road decision what the court can vote on.
>> can you tell us how much progress toward a compromise has been made since we were in court last time?
>> we do not have a compromise.
>> can you tell us how much progress toward a compromise has been made since we were in court last time? Any?
>> no.
>> do you think we're in pretty much the same position?
>> I believe we are.
>> yes, sir?
>> joe, I understand that the applicant has asked to have an additional two weeks to look at this. Is that -- has that been asked of you? I know the applicant and her representative is here. I mean, can that -- can that...
>> I知 not aware of that.
>> you're not aware of that?
>> do you represent the applicant?
>> yeah.
>> why don't you introduce yourself?
>> judge and Commissioners, my name is jim whitliff, I知 here on behalf of the applicant. It would be our desire, we learned of this proposal from ms. Bowle. In this morning, we've discussed it and it's something that we would be interested in. I would also like to add that we would, as part of that, during the two weeks, we would modify the plat. There's been a lot of discussion about deed restrictions and we would modify the plat. It would no longer be a five lot plat, it would be a four lot plat and I believe it would be in compliance with the letter of law of the deed restrictions in all accounts. There would be two water front lots and two interior lots and it would comply with the strictest interpretation of the deed restriction. It would require the property owner to post $56,500 and some change and that's -- that's a big commitment, but we've agreed to that. What we need to do would be to modify the plat. I have not been here before you before on this issue. I was hired to try and assist and to work out a solution. I will tell you that the folks i've talked to, every issue that was brought up, we've come up with solutions. I met with the county attorney, I met with ms. Bowlen and I met with Commissioner Daugherty, and our goal is to create a plat that you're comfortable approving, not something we slip in the side door on anybody, we want to be neighbors out there, we want to be in conformance with the rules.
>> there is another way to get to where we need to be. I have to tell you, I think it is patently unfair to all of these folks that have been working and who have taken time from their very busy day for something that has been posted on the agenda for 1:45 and it's not a little bit of a distance from that area to get to downtown Travis County. It's a little bit of a distance and we have folks here, I see babies in hands. I知 guessing one or two of you might have taken off time from work. That is unfair, and for us to walk in here and find out, well, maybe there's something else out. I'll tell you where I would like to go and this is this: what we're told is there's a recommendation, it's no, and all of a sudden thought let's try something else. Well, that is okay. I would like to have a motion that basically says that we reject the variance that is put before us today. That does not preclude the applicant from going back to work to see if there's something else that you can come up with and resubmit it when you get it fixed, worked out, whatever. But it is not fair to these folks here to have to come back in another two weeks, well, maybe it's not going to be two weeks, it will be three weeks, it's not fair to anyone here and it's certainly not fair to staff to once again have to put your issue before everything else that is pending over at tnr because it's not quite ready to go. We have rules, if it's not ready to go, go get it ready to go and then bring it back. And that's where I知 at. Because we have never -- i've been here ten years and it was because of what happened in precinct 2 subdivisions out at the lake, in terms of things that happened long before standards, and anna actually showed me what the standards were from 1949 and they're shocking. It fits on one page what the standards were back in 1949, but it's because of bad things that happened in a precinct 2 subdivision that we got these rules which make sense about you have to connect to accepted county road and no one in anybody bringing up roads to county standards have we said, well, promise it-to-do it, do your little piece and we'll go ahead and take it in, it's close enough for government work. No, even rob roy subdivision had to go out and fix all of its roads and when they met the punch list, the county said, yep, you now meet all the county standards, now we will accept them, a good deal of work went on in Austin colony and we didn't say, oh, it's close enough for government work. It doesn't work that way. To me it's like -- it's not like the city of Austin where if you get rejected you can't come back for a full year. This doesn't prevent you all from going back to work. But I don't think you're going to get anywhere in two weeks and it's not fair for you all to jump to the head of the line of every other project that is pending in tnr and i've got one or two or four of them, has does everyone else on this dais, it's not fair to ask these folks to come back, it's not fair to the county attorney's office and not fair to tnr and not fair to anybody else here. I知 ready 0 reject this, go back to work and bring something else back. It isn't ready. What joe has just laid out there is still discretionary, it's a variance, I知 not going there. I知 not going there because of the bad stuff that happened in precinct 2. There are reasons that we have these standards. It's being put up the prorata share of something that is never ever going to happen. It isn't. [ applause ]
>> I stop on applause.
>> I would move the rejection of item number 41 and this does not preclude the applicant from continuing to work with tnr and to refile at whatever point they feel like they've got something else to bring back to us.
>> do we -- have we had a chance to analyze the four lot proposal? Joe?
>> no.
>> turned it in?
>> what do we think? Do we think what we described...
>> that's probably a legal issue more than it is a technical. The four lot or the five lot better meets the variance, better meets the deed restrictions, excuse me. I have not analyzed that issue.
>> okay.
>> joe?
>> I don't -- I don't think this deal is going to get worked out.
>> I don't either.
>> I mean we know that it's not going to get worked out. Mercedes knows it's not going to get worked out. Jim, you know it's not going to get worked out. It's unfortunate that this community is willing to -- I mean I will tell you, I am constantly amazed at the fights that this community is willing to take on. I do think that a overall community ought to be able to weigh in heavily on what needs to happen, what doesn't need to happen. It's obvious that even if mercedes puts up $56,000 for this road, I mean, it has been glaringly clear to me that the majority of the people, even if you go out there and you put a six-lane divided highway, I mean what this issue is is that it opens the door for so many people to do what most people out there don't want done. Now, I mean, but I知 going to tell you right now, I feel sorry for somebody that has gone out there and thought that they could do something. I've heard everything all over the board with people that didn't know what the bylaws were, that did know what the bylaws were and obviously the people that don't want it, y'all know there's confusion out there with some people. Some people are very clear that they didn't think that this was the right thing to do, or that people were going to be able to do this. If I thought that people would go in two weeks come back and say, you know what, the road deal makes tall sense in the world to us, but there's a bigger deal here and the bigger deal is that people don't want the flood gate being opened with changing this or giving this variance because if we give this variance it really does open the gate for everybody to do it. I thought if there was an honest ability to go out and work with it, we've all driven places we didn't want to drive, we thought we were get going to get some place, we got there because we found out we couldn't. Because there was a fair procession, and not to say this isn't a fair process that we've gone through, but it's kind of gut wrenching, y'all. I mean to put people in a spot where you've got to tell somebody who has put a lot of money into something, you know what, we don't want you to do it, but that's what you're saying, the overwhelming majority of the people are saying that, some people aren't -- and I will say this: some people aren't saying it very nicely, which is not something that makes me feel very good because I知 going to tell you, I am the recipient of people not saying things nicely to me and all of this up here are subject to that. It's a wonder that we have anybody that runs for office. I mean the way that some people talk to elected officials and talk to their neighbors. I wish that that weren't the case, but I realize that you can't take emotion out of things when people get, you know, exercise. I think it's the only right thing to do today and Commissioner Sonleitner is right, there's the ability to go back and to refile. No one says that you can't do that. I mean at some point in time if this thing needs to be looked at again, then I will look at it again, but I really don't see any use in carrying it for two more weeks. I mean as far as I知 concerned, I mean I can read the tea leaves, it's real obvious where people are. We haven't budged and we've been working on it for three months. So I知 sorry that it's turned out to be this way. I think we ought to vote and I think we ought to send the message and move forward on this project. I知 ready to vote.
>> so for the record, joe, the reason that the application does not meet county standards is what?
>> does not connect to a county or publicly maintained roadway.
>> okay.
>> that is section 82.202 (d).
>> (d).
>> 82.202 d. That actually is 4 different alternatives. Three of which involve the public road, one of which involves private streets so it's not strictly that they don't connect to a public street and then there's also a lot frontage requirement, but basically it's they don't comply with 82.202 (d) of the code and should the Commissioner's court vote to reject, the law does require you to notify the applicant of the basis for the rejection so if you do vote, include as part of your motion that the basis is failure to meet the access and the lot front annual requirements of 82.202 (d).
>> and that is part of my motion.
>> that's what you second? Anymore discussion? Now, we -- some of you have come down to give comments but I think you see the direction in which we're moving here so... Before you comment 'til after this vote. Anymore discussion? All in favor. That motion passes unanimously. Thank y'all very much.

The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.


Last Modified: Thursday, October 27, 2005 9:23 AM