The third time proved to be the charm for the Feather Bay developers. Brown County Commissioners approved the Phase II plat for the subdivision.

And sales for the 185 approximately quarter-acre lots can begin immediately.

“This is what we were working toward,” said Rich Jennings, attorney for Colorado Mountain Development and Feather Bay Land Management Co. Inc., following the lengthy, multifaceted discussion that sent Brown County Judge Ray West “to the books” to look for rulings and precedence for local and state law Monday.

Twice the court had delayed approval, asking for assurance from the City of Brownwood the sewage delivery system the developers seek can and will be installed. At Monday’s meeting, Brownwood City Attorney Pat Chesser spoke to the court about the “status of the contract” between Feather Bay and the city.

“I don’t think we’re that far off,” Chesser said, adding a draft of an agreement had been written, and, estimating “it all” could be finalized within 30 days. One delay had been the wait for the new Brownwood city manager to take office, and Bobby Rountree’s first official day on the job was Monday.

Chesser also said the Brownwood City Council would meet next Tuesday, and the contract that will allow the development to own and operate a sewer delivery system, utilizing a sewer main that could be run from the city, could be on the council’s agenda then.

Commissioners told the developers during their two previous appearances before the court the county must be assured the development “has or will have” a sewage delivery system. Lots smaller than a half acre cannot be approved, by current law, to have on-site septic systems.

Jennings had explained at a previous meeting that all lots are sold with full disclosure to the buyer without the guarantee of roads or utilities, but with an explanation of the plans for acquiring those amenities.

“These things always get to be cart before the horse, chicken and egg questions,” Jennings said. “But we make sure everyone’s on the same page, and we do that by not making promises for something that’s not there.”

Precinct 4 Commissioner Larry Traweek made the motion to approve the plat, and West said he would “second” the motion if the minutes would include the statement that the sewer line or main proposed to run from Feather Bay into the city be completed within five years. If the line is not completed within that time frame, West continued, “the county attorney, district attorney or state’s attorney general can enforce compliance by either cancellation of the plat, or a revision of the plat to bring the subdivision into code.”

Traweek, Precinct 2 Commissioner Joel Kelton and Precinct 1 Commissioner Steve Adams voted in favor of the motion. Precinct 3 Commissioner Richard Gist opposed, saying that while he “felt like the contract would go through” he wanted a contract in place before giving approval.

Colorado Mountain Development and Feather Bay Land Management Co. Inc. purchased the more than 20-year-old largely undeveloped Feather Bay subdivision at Lake Brownwood and paid the back taxes, on Dec. 23, 2006. Since March or April of 2007, approximately 90 lots in Phase 1 have been sold, Gregg McMurtrie, chief operating officer for the developer told commissioners.