Posted: Sat, 15 Jan 2011 11:12 AM - 10,041 Readers

By: Taylor Short

Despite protests from some neighbors, the residents of the Graveyard Point community may soon see construction of a private marina near their homes.



Although the developer, Kemp Properties, only needs approval from Travis County to move forward, an agreement approved Dec. 20 addresses the concerns brought up by the City Council and residents, including matters of security, designated quiet hours and the time before the city can annex the property, located at the corner of Hurst Creek and Chipmunk roads.

Many who live near the tract of land came out to protest the marina, though council members said they were simply regulating details about the project in the best interest of the city as developers seek final approval from Travis County.

“I’m very pleased with the city staff, mayor and council that put together a plan that we can, as a city, oversee and take care of our people in Lakeway,” Councilwoman Dee Ann Burns-Farrell said.

Kemp Properties said it wants to provide a private marina that would be a positive amenity to the area. Construction is expected to begin in the first quarter of 2011; however, some residents would still prefer the empty lot instead of a marina next door.


City Council and resident concerns

Negotiations began when Lakeway refused to recognize a permit granted for the project in 1987 by the City of Austin. Instead, to avoid a lawsuit, developers chose to comply with Lakeway regulations.

Dowe Gullatt, attorney for Crosswater, presented details about the project and its agreement to the Lakeway City Council during the Nov. 15 council meeting.

“I believe that agreement makes for a very good project,” Gullatt said. “We have prohibited boat ramps, restaurants and trailer parking on-site, so this will be a private marina.”

Some residents in attendance argued against the marina, with concerns of increased noise and traffic. Others, like Susan Brown, spoke about a September district court ruling that states none of the property is zoned for commercial use.

Those concerns were repeated Dec. 20, when seven residents returned to speak against the project and asked that the city postpone any agreement until ongoing litigation against Crosswater is completed.

“We’re not against the marina,” said resident Robert Burns, who lives less than 500 feet from the property, “we’re against what they’re trying to do, which, in some people’s opinion, they don’t have the legal right to do.”

Others expressed concerns about fuel storage tanks near the shoreline, the frequency of fuel trucks in the area and the safety of children in the neighborhood.

While most residents in attendance expressed opposition to the project, two spoke favorably about the marina and how it would raise property values and allow lake access to some of the homes in the area that are not on the water or waterfront.

“There are a lot of people who would like the marina, but they’re just not here,” resident Debbie Desmond said.


Prior litigation

Some residents of Graveyard Point have a legal history with Crosswater Yacht Club, beginning with mediation with three neighbors to the west of the site about the configuration of the marina. The suit ended with a settlement in June 2008. A fourth neighbor to the west entered mediation and settled in August 2008.

Some residents to the east also sued, and the parties entered a settlement in October 2010.

Gullatt said the results of the lawsuits are reflected in some of the terms of the agreement with Lakeway, such as the perimeter, gated wall, noise enforcement and a change in the configuration to accommodate neighbors to the west.


Agreement amendments

Council members said the development agreement approved Dec. 20 aims to safeguard the city, neighborhood and Lake Travis against any foreseeable issues outlined by the council and residents.

Gullatt addressed several of the changes made since the Nov. 15 meeting.

The two fuel tanks will be inspected by the Texas Commission on Environmental Quality and stored at an elevation that would not create a hazard or any environmental problems, he said. The tanks will be strapped down with a 2-foot retaining wall to contain spillage while refueling.

Once those tanks are empty, trucks would be required to bring more fuel, which residents and the council worried would add traffic to the neighborhood.

Gullatt added that, in the busiest summer months, a truck smaller than a tanker would provide gasoline to the tanks up to twice a week and possibly once a month during times of the year with less boating.

A study performed by Alliance Transportation Group Inc. also showed the marina would increase traffic by less than 5 percent of the daily totals on Hurst Creek Road.

The definition of “emergency use” was added when referring to the boat ramp. City Manager Steve Jones said he would be concerned with traffic in the neighborhood if the ramp was available for public use.

The agreement states the ramp could be used only for the “extraction of impaired watercraft owned by members ... and other such use requested by state or local law enforcement or emergency service providers, the Lower Colorado River Authority or the city.”

The agreement states that staff or security personnel will be on-site from 7 a.m. to 9 p.m. daily, with 24-hour cameras monitoring the property and “frequent security sweeps” by a third-party security provider from 9 p.m. to 7 a.m. daily.

Marina members must also observe quiet hours from 10 p.m. to 7 a.m. every day.

One of the final concerns the council had was the 10- to 15-year span before the city could annex the property in the original agreement. That number was reduced to one year of operation before Lakeway could add the marina to its tax rolls.

“The developer has made a lot of concessions here in working out this agreement,” said Councilman Bruce Harris, reiterating that the council is not the body to make the final decision on whether the project is approved. “We’re not OK’ing the marina; we’re restricting it.”

*  Story Contributed by: Taylor Short