We have now received the full text of the City of Bee Cave's objection to the proposed Masonwood West development off Hamilton Pool Road:
RESOLUTION NO. 2013-07
RESOLUTION OF THE CITY OF BEE CAVE IN OPPOSITION TO THE 911.46 ACRE PROJECT PROPOSED FOR DEVELOPMENT ON THE HATCHETT PROPERTY ADJACENT TO LITTLE BARTON CREEK
WHEREAS, the City of Bee Cave has been made aware that a development of 911.46 acres is proposed for construction along the banks of Little Barton Creek which flows through the City of Bee Cave on property known as the Hatchett property and which development is upstream from the City of Bee Cave; and
WHEREAS, the proposed density includes over 1600 new homes and other proposed development; the development far exceeds the development criteria of the City of Bee Cave related to non-point source pollution and does not provide for sufficient setbacks from Little Barton Creek to be protective of water quality; and
WHEREAS, excess run off from the development created by excessive impervious cover will contribute to potential increases in storm water runoff from the project and will contribute to flooding of the low water crossing at Great Divide in the City of Bee Cave located downstream; and
WHEREAS, pursuant to Section 551.002, Texas Local Government Code, a Home Rule City, such as Bee Cave, may prohibit the pollution or degradation of and may police a stream, drain, recharge feature, recharge area, or tributary that may constitute or recharge the source of water supply of any municipality; and
WHEREAS, a Home Rule City, such as Bee Cave, may exercise the authority granted under Section 551.002 outside of the City’s boundaries and outside its extraterritorial jurisdiction if doing so is required in order to meet other federal or state requirements; and
WHEREAS, the water pollution control duties of cities contained in Section 26.177, Texas Water Code, includes an obligation to establish and maintain a program of services and functions which, in the judgment of the city or as may be reasonably required by the Texas Commission on Environmental Quality, will provide effective water pollution control and abatement for the city; and
WHEREAS, in addition to the water pollution issues posed by the development, the traffic it will generate will feed directly onto Hamilton Pool Road, which is not currently constructed to handle the increased traffic caused by the development and the developer has not proposed any highway or signal improvements to address the increased traffic; and
WHEREAS, Hamilton Pool Road runs through the City of Bee Cave and intersects with Highway 71 which is one of the main thoroughfares through the City of Bee Cave and traffic from the development will adversely affect the streets and rights of way located in the City of Bee Cave;
WHEREAS, such increase in traffic will also affect the City’s ability to provide traffic control services and police protection to the citizens of Bee Cave and increase the City’s costs to maintain its roads and highways;
WHEREAS, 1600 new homes will likely have an adverse impact on Lake Travis Schools and substantially add new students to the school system which is not constructed currently to accommodate that large an increase; and
WHEREAS, the City of Bee Cave conducted an open meeting and invited interested citizens to discuss their concerns about the proposed development and it was the overwhelming opinion of the citizens that the proposed development at the level of density proposed is designed to maximize profits without adequate consideration to the impact that the development will have on the environment, traffic, safety, property values, the quality of life of the property owners and citizens of Bee Cave adjacent to the development;
WHEREAS, Chapter 51 of the Texas Local Government Code grants municipalities the express statutory authority to take action that is for the good government, peace, or order of the municipality, or for the trade and commerce of the municipality; and
WHEREAS, the City Council desires to exercise the authority granted to it to protect the City’s natural resources when necessary for the preservation of those resources and the safety and welfare of the citizens of Bee Cave;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEE CAVE, TEXAS:
1. Findings of Fact. All of the above premises are hereby found to be true and correct legislative and factual findings of the City Council and are hereby approved and incorporated into the body of this Resolution as if copied in their entirety.
2. The City of Bee Cave hereby expressly and adamantly objects to the proposed development on the Hatchett property at the densities proposed and as delineated in Exhibit “A”, attached hereto. The City Council hereby authorizes the Mayor to execute on the City’s behalf this Resolution and to send the Resolution to any and all governmental entities with jurisdiction over the development.
3. The Mayor, City Manager and other authorized representatives of the City are authorized to appear before any and all governmental authorities with jurisdiction over the proposed development and present such facts and information deemed relevant to the reduction in impact that this development will have on the City and its citizens.
4. In the event that the plans for the proposed development are not modified in a manner that adequately addresses and assuages the water pollution, flooding and traffic concerns of the City of Bee Cave, the Mayor, City Manager, and City Attorney are directed to identify and implement all available legal remedies, state agency intervention, or other relief that will prevent or reduce the detrimental impacts of the development on the City of Bee Cave.
5. This Resolution shall take effect immediately from and after its passage and publication as may be required by governing law.
6. It is hereby officially found and determined that the meeting at which this Resolution was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.
PASSED AND APPROVED this ______day of November, 2013, by a vote of ______ ayes, _______ nays, of the City Council of the City of Bee Cave, Texas.
CITY OF BEE CAVE