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54 Regular Meeting January 14, 1985 Page II the language as read into the record by Mr. Hankins. Mayor Craddock seconded the motion, which passed unanimously. The Council then voted unanimously for adoption of the Ordinance as amended. Mayor Craddock introduced a public hearing to hear and act on an appeal of the Planning Commission's decision of November 27, 1984 approving a. final plat for the subdivision known as The Woods of McCarty Lane. Mayor Craddock opened the public hearing and asked if anyone wished to speak in favor of the appeal. Frank Robbins reviewed 1tem I of the appeal with the Council stating the approved plat is for a subdivision entirely over an outcrop of the Edwards and Associated Limestone, which includes mostly one-half acre lots with septic tanks, which could result in pollution of the Aquifer. He said the City has a copy of a letter from the Edwards Underground Water District to the County advising them the entire plat is over the Edwards and Associated Limestone and has had two conversations with the Edwards Underground Water District's Director indicating the same. Steve Jenkins reviewed with the Council maps ob- tained from the Edwards Aquifer Research and Data Center showing cover thickness over the Edwards Aquifer (shows amount of soil and rock over the Edwards and Associated Limestone), pointing out the location of the subject property¡ a photolineament map, which indicates fractures in the area, pointing out the subject property is in one of these fractures; a drainage basin map showing the Recharge boundary cave and sinkhole locations, pointing. out the subject property splits in two basins going to Willow Springs Creek and Purgatory Creek; and a geology map, pointing out the subject property is ATE (Edwards Limestone). Regarding Item 2 of the appeal, Steve Jenkins stated no application had been received for a site development permit, but he had received an application on December 20 for waivers of the requirements of the Interim Drainage and Erosion Control Ordinance, which he denied on December 26. Mr. Hankins pointed out in a review of the Planning Commission's minutes of November 27, 1984, that there is no discussion of the site development permit requirements, there are no findings nor is a variance requested or discussed, as re- quired in the Subdivision Ordinance. Mr. Hankins said that Carol Grimm had testified at the hearing on Friday (January II, 1985) what happened with the plat. The preliminary plat was filed in May, 1984 and there was a request by Kelley Kilber to grant a variance to the Drainage and Erosion Control Ordinance. At the meeting regarding the preliminary plat there was a discussion of the requirements for variances and site developments, and no discussion of it when it came to the consideration of the preliminary plat on this matter. June 13, 1984 the Council amended the Interim Drainage and Erosion Control Ordinance which required all subdivisions to obtain site development permits, which included subdi- visions outside the city limits. So there could not have been a consi- deration of a site development permit when the preliminary plat was presented. The Regulations in the Subdivision Ordinance for preliminary plats state the purpose of preliminary plats is primarily to get the lay- out down and make sure the design of the subdivision is acceptable. Among the many requirements at the final plat stage is to obtain a site develop- ment permit under the Drainage and Erosion Control Ordinance. No request for a variance was presented at the final plat stage, nor granted, and they have failed to obtain a permit. In regard to Item 3 of the appeal Mr. Hankins stated for a final plat to be filed, security must be per- fected amounting to 125% of the cost of the public improvements, such as detention ponds. In November, 1984 Mr. Hankins received a letter of credit giving a breakdown of the cost of public improvements. When he presented it to Steve Jenkins, Mr. Jenkins advised him he had no idea what the costs for site development would be, as he had received no application for the permit. Mr. Hankins then advised Kelley Kilber he could not approve the security offered, as the City did not know what the site development costs would be. McDonald Development Corporation then filed suit against the County Commissioners to require them to approve the plat on final reading. Then the Order prepared for the Judge's signature, and signed by the Judge, ordered the plat filed rather than ordering the County Commissioners to approve it, so the attorney for