Land Division Still a Hot Topic at Courthouse
County leaders continue to grapple with the issue of rural development and land division. The topic was once again a major point of discussion at the Fayette County Commissioners Court last Thursday, Feb. 23.
The meeting agenda included three applications for the division of real estate. Fayette County’s subdivision regulations ensure that most land divisions involving tracts of less than 10 acres or divisions creating more than four tracts must come before Commissioners Court for a variance.
Commissioners decided that all three met the County’s requirements and unanimously approved the following:
• Application from developer Jim Kastlemann with Vineyard Vista LLC for a 150.521 acre tract in Pct. 2 along Fuchs Rd. near Carmine. The property will be divided into two parcels, a 9.552 acre tract and the remaining 140.994 acres into a separate tract. The application says the developer is dividing the property for sale.
• Application from Stephen Reddish for a 20 acre tract in Pct. 3 near Elm Grove. The property will be divided into two parcels, a five-acre tract and a 15 acre tract. The application says Reddish is splitting the property for a family division.
• Application from developer Tim Larson with Fayette Land Company for an 11.003 acre tract on Krischke Rd. in Pct. 4 near Freyburg. The property will be divided into five parcels ranging in size from 2.048 to 2.306 acres. The application says the developer is dividing the property for residential development, recreation and investment.
Local land surveyor William Bernsen raised a concern at the meeting about the County requiring Commissioners Court approval for simple land divisions such as the first two listed above. Bernsen argued that County Inspector Clint Sternadel should be able to administratively approve simple divisions involving one tract that is being divided from a larger property.
“In my opinion there is something lacking in our subdivision regulations and it’s called an administrative procedure,” Bernsen said. “If you’re constantly granting a variance to your ordinance then there is something wrong with your ordinance. Our ordinance needs a provision for administrative plats – these really simple subdivisions that y’all always check
off.”
“They’re forced to bring these really simple subdivisions before the court,” Bernsen added.
Pct. 4 Commissioner Drew Brossmann said he prefers the current arrangement so that Commissioners can keep better track of development around the County. During the discussion, Brossmann said several of his constituents have asked him why the County changed the minimum lot size from five acres to two acres.
“The five acre rule, as residents knew it, was the groundwater district’s rule,” Sternadel said. “If you needed a water well on your property, you needed five acres. At some point in time, the groundwater district’s review of their regulations said they didn’t have the authority to do it, so they abandoned it.
“At that time, the ball came to the County’s court, and they said, ‘What can we enforce?’” Sternadel said. “The septic person in my position at the time amended our wastewater ordinance to have a two acre minimum for lot size for septic systems. That’s where the two acres comes from, and it shapes a lot of our regulations. To my understanding, the Commissioners Court does not have the authority to set lot sizes.”
“So there’s no way the Court can say, ‘We’re tired of all these small two acre lots and we want to go back to five acres.’ – the court does not have the authority to do that?” Brossmann asked.
“That’s my understanding, yes sir,” Sternadel said.
Brossmann said many constituents have asked the Commissioners Court to implement a five acre rule.
“As you heard, there’s no way we can change that,” Brossmann said.
During the discussion, Mueller announced that the Commissioners Court will soon undertake a review of the County’s subdivision regulations.
“In a few months we’re going to be looking at our subdivision laws,” said County Judge Dan Mueller.
At the last Commissioners Court meeting on Feb, 9, Walhalla resident Ken Ripper raised a number of concerns about rural development involving drainage, noise and light pollution and traffic.
“Mr. Ripper was here at the last meeting and he discussed some concerns,” Mueller said. “So we’ll be getting with Clint (Sternadel) and we’ll be discussing that.”
In other business at last week’s meeting, Commissioners took the following action: Approved minutes from previous meeting; Approved the Renewal Application for Permit to Lay Temporary Water Line in Road Right-of-Way, submitted by Dallas Petroleum Group, LLC for said water line to be placed along Greens Creek Rd and Withers Rd (Precinct 1); Accepted report from Josh Vandever, EMS Director; Approved the Employer Commitment Form to participate as an employer in the Reinvest project; Accepted report from Fayette County Sheriff’s Office – Chief Deputy Randy Noviskie presented the report; Acknowledged the 2022 Racial Profiling Report as submitted by the Fayette County Sheriff’s Office; Approved audit of FY2022 Chapter 59 Asset Forfeiture Reports by Law Enforcement Agencies (Sheriff & Fayette County Narcotics Unit) as required by Article 59.06 of the Code of Criminal Procedures); Accepted report from Justice of the Peace, Precinct 3, Charles Zapalac; Accepted report from Angela Hahn, Emergency Management Coordinator & Grant Specialist;
Approved request from Ellinger Chamber of Commerce to use American Rescue Plan Funds to rewire the 1935 Community Center in the amount of $80,000.00; Approved Official Bond for County Judge Dan Mueller; Authorized the purchase of a copier/printer/scanner/fax machine for the County Attorney’s Office using County Attorney Forfeiture funds; Approved MOU with WIC for space being used at the Meadows Building and MOU with Family and Youth Services for space being used at the Camp Street Annex; Declared 1999 John Deere 410E Backhoe Salvage and Surplus to be trade in by Precinct 2 for another backhoe for Road & Bridge Precinct 2; Authorized County Auditor to advertise for lease purchase bids for a new front end loader for Road & Bridge Precinct 4; Approved the payment of currently due Fayette County bills and expenses; The meeting adjourned at 11:13 a.m.