County Leaders Talk Land Divisions at Recent Meeting

The Fayette County Commissioners Court sent a subdivision application back to the drawing board at their meeting last Thursday.

The application from Schulenburg developer Chip Bubela and Brudders LLC called for five residential lots ranging from two-plus to three-plus acres on a 13-acre tract off FM 2672 near Schulenburg. Bubela included some marketing material with his application that described the proposed lots as a “smallhold” suited for a home along with small-scale farming or gardening.

Three of the proposed lots, however, were about ten feet shy of the County’s new minimum standard for road frontage.

Last year, the Commissioners amended the County’s subdivision ordinance to require at least 170 feet of public road frontage with some exceptions, such as lots with access from a cul-de-sac. The move came in response to public opposition over a particularly dense development in the High Hill area that otherwise met all county requirements at the time.

The three lots in Bubela’s proposed subdivision, as presented in the application, had a little over 159 feet of frontage along FM 2672. The other two lots would be accessed via the cul-de-sac at the end of Harvell Ln., but the cul-de-sac was not shown on the preliminary plat that Bubela submitted.

Local surveyor William Bernsen, a frequent speaker at Commissioners Court meetings, said the court should approve the application under the condition that the developer detail the cul-de-sac in the final plat.

“I think the 170-foot rule is overly restrictive,” Bernsen said. “These lots are not going to cause any harm to the public if they’re 160 feet wide. I recommend approval on that because it allows them to utilize their property the best way they can.”

“We set those rules in place for a reason, and I believe we need to follow it,” said Pct. 4 Commissioner Drew Brossmann.

In this case, the 170-foot rule would require the developer to make two larger lots instead of the three that were proposed. Larger lots cost more and limit potential buyers.

Another county resident in attendance, Jeff Parker, spoke in favor of rejecting the application.

“I agree 100 percent with Mr. Brossmann,” Parker said. “I understand your perspective, Mr. Bernsen - you want to give them the right to use their land. But if you make it 160 ft. on this one, it becomes 160 forever.”

Pct. 3 Commissioner Harvey Berckenhoff said he knows of a subdivision application in his district that will soon come before the court, and it, too, doesn’t meet the county standards.

“I’m going to have to hold my ground on that one, too,” Berckenhoff said.

“I have to concur with what Commissioner Brossmann said,” said County Judge Dan Mueller. “We have 170 (feet) for a reason. If we make it 160 in this case, how do we not make it 160 in the next?”

The Court voted to accept all comments regarding the application, but they neither approved nor denied it. If the developer wishes to proceed, the project will have to come back before the Court.