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Burnet County’s hands tied on high-density Spicewood subdivision

The intersection of Texas 71 and Parr Avenue could soon be home to Spicewood Gardens, a 'high-density' subdivision on 43 acres. Although Burnet County commissioners reluctantly approved a preliminary plat for the development because it met the state’s minimum requirements, they expressed concern over groundwater availability. Google Maps image

The Burnet County Commissioners Court on June 11 reluctantly approved the preliminary plat for a “high-density” subdivision at the intersection of Texas 71 and Parr Avenue near Spicewood.

While Spicewood Gardens is a relatively affordable option, the county is concerned about its impact on groundwater. The subdivision, which will allow site-built and manufactured homes, is expected to have 66 lots on only 43 acres. Lots start at $164,900.

However, the court’s hands are tied by state law as the development meets the requirements set forth by Texas Local Government Code Chapter 232. Proposed plans must go through other steps before being finalized, but commissioners won’t have much say in that.

Legally, the Commissioners Court cannot reject a preliminary plat or a regular plat if it meets the standards set forth by Chapter 232 as state codes supersede and dictate county governance.

“The intended use of this subdivision is, I don’t think, a positive development for Burnet County, but it meets state law,” County Judge James Oakley told DailyTrib.com. “Counties are a subdivision of the state, and we march to their beat.”

Oakley said, “It is what it is,” prior to the court’s unanimous vote to approve the plat.

The county’s main concerns are the number of lots planned and where homes will get water. The preliminary plat shows lot sizes hovering between a half-acre and an acre. Sunset Water Utilities will reportedly supply groundwater as it does for the nearby subdivisions of Spicewood Estates and Spicewood Trails.

According to Chapter 232, subdivisions in unincorporated areas can have half-acre lots if they have access to a centralized water system. Subdivisions without centralized water are an ongoing issue in Burnet County. Ten acres is the minimum lot size allowed in subdivisions without suitable access to water.

While Sunset Water Utilities meets the standards that the Central Texas Groundwater Conservation District requires to provide water to Spicewood Gardens, officials are wary.

“The biggest obstacle in all of this is water,” Precinct 4 Commissioner Joe Don Dockery told DailyTrib.com. “They’re using groundwater, and that’s not an infinite source.”

Spicewood Gardens is in Dockery’s precinct.

Burnet County is currently under Stage 3 severe drought restrictions with a 10 percent mandatory reduction on total annual groundwater use.

Dockery did note an upside to the proposed subdivision.

“You obviously have to try and find the positive in things, so, hopefully, (Spicewood Gardens) will provide some affordable housing in our area,” he said. “That’s really the only positive.”

According to the Spicewood Gardens website, 10 residential lots and two commercial lots have already sold.

dakota@thepicayune.com