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Travis County Commissioners Court

Tuesday, December 14, 2010,
Item 11

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11 is to approve setting a public hearing date on January 25th, 2011 to consider and take appropriate action on the following: a, amendment to chapter 82 to require a land use notification on the cover sheet of plats; and b, amendment to title 30 to add section 30-2-87 to require a land use notification on the cover sheet of plats.
ms. Bouldin.

>> good morning.
back in February the court did an amendment to chapter 82 to require a plat note that detailed some of our limited -- limitations with regard to land use and residential plats.
the time it was proposed at that note we would also send that to the city of Austin to be included in title 30.
the city had some reservations about that with regards to unintended consequences with chapter -- local government code 245 regarding grandfathering.
so we still had the problem of how do we get notification to people out in the unincorporated areas of the county that there are very limited land use controls.
so the proposal at hand is to amend both chapter 82 and title 30 to include a cover sheet on the front of the plat that has a consumer protection notification that when the plat is reduced to eight and a half by 11 when someone is going to buy a plat or buy a lot and they're going through their -- getting their warranty information, the first thing they will see is this consumer protection notification.
and that is what this proposal is.
actually, I am recommending that we set a public hearing and get notification out, get information in the newspaper and come back on these code amendments.

>> and this is something that we had looked at early on.
and of course, we kind of revisiting this again, but this is the extent where it would actually include title 30, which is the relationship we have with the city of Austin, of course chapter 82 is something we can amend and what we do ourselves.
and of course this cover sheet.
would you mind reading that into the record as far as the cover sheet itself?
do you have a copy of that?

>> I do, sir.

>> because I think the folks need to really know exactly what will be placed on the plat and over the plat itself.
when they are purchasing property.

>> what we're recommending is that a cover sheet be added to the plat that would have the name of the plat and I believe the site location map.
it would also have the following notice: consumer protection notice for home buyers.
if you are buying a lot or home in this subdivision, you should be determine whether the subdivision and the land around it are inside or outside the city limits.
this can affect the enjoyment and value of your home.
depending on state law and other factors, land outside the city limits may be subject to fewer local government control over the development and use of the land than inside the city limits.
the subdivision's restrictive covenants may create privately enforceable restrictions against incompatible land uses within the subdivision, whether it is inside or outside the city limits.
depending on state law and other factors, however, outside the city limits neither private nor governmental restrictions may be available to, one, restrict the nature or extent of development near the subdivision, or two, prohibit land uses near the subdivision that are incompatible with a residential neighborhood.

>> okay.
and if it's possible with the court's moving forward with this public hearing next year, it would be good I think since title 30 is involved in this also, which is the relationship they would have with the Travis County and also the city of Austin, I think it would be something good that if we could send a letter to the city council to address the concern that we're talking about here today.
and we send that letter directly from the Commissioners' court, though, saying what we're doing here today.
so I think a similar gesture should be made since the relationship under title 30 is with Travis County and the city of Austin.
I think a letter to the city council should suffice.
so judge, I would like for that to be part of the process as we go forward on this notification deal under this particular setting.

>> unless there's objection, those will be directions to staff.

>> okey-doke.
thank you.
so the public hearing is January 25th?

>> yes, sir.

>> 2011.

>> 2011.

>> okay.

>> second the motion.

>> thank you.

>> set the hearing on January 25th, 2011.
discussion on the motion?
all in favor?
that passes by unanimous vote.
thank you 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: Tuesday, December 14, 2010 2:33 PM

 

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