City Council Meeting Agendas & Information

JOINT CITY COUNCIL / PLANNING & ZONING COMMISSION MEETING AGENDA Thursday, September 19, 2024 at 6:00 PM Bulverde City Hall, Council Chamber 30360 Cougar Bend, Bulverde TX 78163 Time is provided for public comments on any posted agenda item at the time the item is considered. Each person should fill out the speaker’s register prior to the meeting. The presiding officer, during the agenda item, will call on those persons who have signed up to speak on each item, in the order they have registered. Presentations should be limited to no more than (3) three minutes. All remarks shall be addressed to the City Council or Planning & Zoning Commission as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council or Commission may be requested to leave the meeting. There will be time after the completion of the Regular Agenda Items for the public to make comments on topics and items not posted on this agenda. Discussion by the Council or Commission of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. 1. CALL THE MEETING TO ORDER AND ROLL CALL OF MEMBERS OF EACH ENTITY 2. REGULAR AGENDA ITEMS – JOINT MEETING 2.A. Hold a Joint Public Hearing regarding a request by Glenn Winship for approval of a Special Use Permit for a Recreational Vehicle Park on an approximately 25-acre tract of land at 300 Heimer-Lange Road, generally located near the Northwest corner of US Highway 281 and Heimer-Lange Road. 3. REGULAR AGENDA ITEMS – PLANNING & ZONING COMMISSION 3.A. Discuss and consider a recommendation by the Planning and Zoning Commission to the City Council regarding a requested Special Use Permit for a Recreational Vehicle Park on an approximately 25-acre tract of land at 300 Heimer-Lange Road, generally located near the Northwest corner of US Highway 281 and Heimer-Lange Road. 4. REGULAR AGENDA ITEMS – CITY COUNCIL  4.A. Discuss and consider a proposed ordinance of the City Council granting a Special Use Permit for a Recreational Vehicle Park on an approximately 25- acre tract of land at 300 Heimer-Lange Road, generally located near the Northwest corner of US Highway 281 and Heimer-Lange Road. 5. ADJOURNMENT ________________________ Sandra V. Ham City Secretary City Hall is wheelchair accessible and accessible parking spaces are available. Requests for accommodation must be made 48 hours prior to the meeting. Please contact the City Secretary at 830.438.3612 or FAX 830.438.4339 for information or assistance. A quorum of the City Council, Planning & Zoning Commission, Parks & Recreation Advisory Board, and/or Zoning Board of Adjustment may be present at this meeting in order to discuss agenda items related to board business. I, the undersigned authority, do hereby certify that the above Notice of Meeting of the City Council and Planning & Zoning Commission of the City of Bulverde was posted on the bulletin board in front of Bulverde City Hall, which is readily accessible to the public at all times, and on the City's website, www.bulverdetx.gov, by 6:00 pm on September 16, 2024. The City Council reserves the right to adjourn into Executive session at any time regarding any issue for which it is legally permissible. The City Council will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel, to discuss matters of land acquisition, litigation, Economic Development negotiations, or personnel matters as listed on this agenda. The City Council may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other items on this agenda.  PLANNING AND ZONING COMMISSION ITEM: SUP-24-05 SPECIAL USE PERMIT AMENDMENT 300 Heimer-Lange Road MEETING DATE: September 19, 2024 DEPARTMENT: Planning & Development PRESENTED BY: Danny Batts, AICP, Planning Director REQUEST: Hold a public hearing and consider a request by Glenn Winship for approval of a Special Use Permit for a Recreational Vehicle Park on an approximately 25-acre tract of land at 300 Heimer- Lange Road, generally located near the Northwest corner of US Highway 281 and Heimer-Lange Road. APPLICANT: Glenn Winship 3338 Sable Creek San Antonio, TX 78259 PROPERTY INFORMATION: Address: 300 Heimer-Lange Road, Spring Branch, TX 78070 Legal Description: BULVERDE RV PARK, BLOCK 2, LOT 2 Owner: LAPJ PROVERB III LLC Existing Land Use: Undeveloped Existing Zoning: AG, Agricultural District SUMMARY: The applicant is requesting an amendment to the Special Use Permit (SUP) issued in 2021 to operate a Recreational Vehicle Park on an approximately 25-acre tract at 300 Heimer-Lange Road. ANALYSIS: An SUP was issued for the operation of an RV Park at 300 Heimer Lange Rd in 2021. Among other things, the SUP provided the following limitations/requirements: 1. Prior to beginning operations, Heimer Lange Rd must be expanded by 4 feet in a zone that extends west 160 feet from its intersection with US Hwy 281. 2. That no more than 148 RV pad sites may be placed on the property. Page 1 of 2 The property owner, Glenn Winship, is requesting an amendment to the SUP to provide for the following: 1. Remove the requirement that Heimer Lange Rd be widened by 4 feet from the intersection of US Hwy 281 for a distance of 160 ft prior to the opening of the RV Park. 2. Remove the specific limitation of 148 RV Pad sites, and instead permit the maximum number of RV pad sites that can be accommodated by the site’s septic system. Mr. Winship’s application contains an incorrect statement that the listed requirements are new, and were added to the ordinance after it was adopted. It is true that the City Secretary at the time filed an incorrect version of the ordinance in the City’s records. However, Mr. Winship and everyone else at the meeting was made aware of these provisions at the time the ordinance was adopted in 2021. The audio of the discussion and motion on the ordinance is available at this link: Please click here to listen to the discussion and motion approving Ordinance No. 641. The recording clearly captures the discussion and decision related to the provisions at issue in this request. Mr. Winship was present at this meeting and actively participated in the discussion. ATTACHMENTS: A. Application B. Ord. No. 641 Page 2 of 2 SUP 24-05  ORDINANCE NO. 641 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BULVERDE, TEXAS, APPROVING A SPECIAL USE PERMIT FOR 300 HEIMER-LANGE ROAD, SPRING BRANCH, TEXAS 78070 TO PERMIT A RECREATIONAL VEHICLE PARK; AMENDING THE ZONING ORDINANCE; DIRECTING THE AMENDMENT OF THE ZONING MAP; REPEALING CONFLICTING ORDINANCES; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the subject property located at 300 Heimer-Lange Road, Spring Branch, Texas 78070, being approximately 25 acres described or depicted in the attached Exhibit “A” (the “Property”), is currently zoned AG - Agricultural; WHEREAS, the City has received an application for a special use permit, attached hereto as Exhibit “B” and incorporated herein for all purposes (the “Application”), to allow the Property to be used for a recreational vehicle park as described in the Application (the “Proposed Use”); WHEREAS, Section 14.01.019(c) of the Code of Ordinances of the City of Bulverde, Texas (the “Code”) provides that any use which is not contrary to city, county, state or federal laws and which is not listed as an allowed use in the Chapter 14 of the Code (the “Zoning Ordinance”) shall be a special permit use which may be requested in any district; WHEREAS, the City Council finds that the Proposed Use in not listed as an allowed use in the Zoning Ordinance and that the Proposed Use is not contrary to city, county, state or federal laws; WHEREAS, the Planning and Zoning Commission recommended approval of the Application with the following requirements and safeguards necessary to protect adjoining properties: 1. All plat and permit applications submitted for this property are subject to the requirements of the Code. 2. The proposed RV Park must provide, at a minimum, for each RV pad site an electrical outlet and the required hook-up apparatuses to connect to a water supply and sanitary sewer system. 3. No recreational vehicle can be placed within the proposed RV Park unless a designated pad site with the appropriate utility connections is available for occupancy. 4. Recreational vehicles must be placed on a designated asphalt RV pad site and in such a manner that there will not be less than 15 feet of separation between recreational vehicles on adjacent pad sites. 5. No more than one recreational vehicle can occupy a designated RV pad site. 6. No permanent addition or structure can be built onto or become a part of any recreational vehicle in the proposed RV Park. 7. No vehicle, building, or structure within the proposed RV Park shall be in violation of any laws or codes related to noise, nuisances, junked or abandoned vehicles, or otherwise have a negative effect on the health, safety, or welfare of the public or surrounding properties. 1 8. No other special uses are allowed under this special use permit. WHEREAS, the City Council finds that following conditions imposed upon use of the Property for the Proposed Use are necessary to promote and protect the public health, safety, order, morals, convenience, prosperity and general welfare: 1. The Property must be developed in conformance with the Application attached as Exhibit “B”. 2. The Proposed Use is only permitted in accordance with the regulations stated in “Exhibit C”, attached hereto and incorporated herein. WHEREAS, the Planning and Zoning Commission of the City of Bulverde, Texas, and the City Council of the City of Bulverde, Texas, in compliance with the Charter and State law with reference to the zoning ordinance and zoning map of the City of Bulverde, Texas, have given requisite notices by publication and otherwise, and after holding a public hearing and affording a full and fair hearing to the applicant and members of the public, the City Council, having received the final report of the Planning and Zoning Commission and having determined that the Proposed Use will be harmonious with existing buildings, structures, and uses on abutting and nearby properties in the vicinity of the Property in accordance with the current zoning regulations of the City, is of the opinion that the Property should be zoned as set forth herein; and WHEREAS, the City Council finds and determines that the meeting at which this Ordinance was passed was open to the public, that public notice of the time, place and purpose of said meeting was given as required by the Texas Open Meetings Act, Chapter 551, Texas Government Code; and that the City of Bulverde complied with all other requirements, including but not limited to the notice requirements in Chapter 211, Texas Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BULVERDE, TEXAS: 1. Findings of Fact. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. Enactment. The Property, which is currently zoned AG - Agricultural, is hereby zoned Special Use Permit – RV Park with an underlying zoning classification of AG – Agricultural to allow the Proposed Use in addition to all uses within the underlying zoning classification, provided that the Proposed Use may only be conducted in accordance with the regulations stated in Exhibit C, attached hereto and incorporated herein. 3. Amendment of Zoning Ordinance. The Zoning Ordinance is hereby amended to be consistent with this Ordinance. 4. Amendment of Zoning Map. The City Manager is hereby ordered and directed to cause the Zoning Map of the City of Bulverde, established by Section 14.1.17 of Ordinance 437, adopted on September 13, 2016, to be amended to establish zoning for the Property in conformance with this ordinance. 5. Repealer. All ordinances, resolutions, or parts thereof, that are in conflict or are inconsistent with any provision of this Ordinance are hereby repealed to the extent of such 2  EXHIBIT A “The Property” 4  Legend 300 Heimer-Lange Road Addresses Major Roads Farm roads Highways Streets LOMAs LOMRs FEMA Floodplain 100 Yr Parcels Future Parcels Red: Band_1 Green: Band_2 Blue: Band_3 Notes 1: 7,687 0.2 0 0.12 0.2 Miles This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, NAD_1983_StatePlane_Texas_South_Central_FIPS_4204_Feet current, or otherwise reliable. Comal County GIS THIS MAP IS NOT TO BE USED FOR NAVIGATION  Exhbit B Application 5  EXHIBIT C Special Use Permit – RV Park Property zoned Special Use Permit – RV Park must comply with all provisions of the Code of Ordinances of the City of Bulverde, Texas, all other applicable laws and regulations, as well as the following: ARTICLE ONE Definitions 1.1 Definitions. The following terms have that meaning ascribed to them below: “Code” means the Code of Ordinances of the City of Bulverde, Texas as the same may be amended or modified from time to time. “Pad” means an improved area designed for the placement of a Recreational Vehicle “Pad Site” means an area within an RV Park designated for the placement of a Recreational Vehicle and containing a Pad. “Recreational Vehicle” means a motor vehicle or trailer primarily designed as temporary living quarters for recreational, camping, or travel use. The term includes a recreational vehicle defined in Texas Transportation Code § 522.004, a towable recreational vehicle defined by Texas Transportation Code § 541.201, motorhomes, and travel trailers. The term does not include a manufactured home defined in the City of Bulverde Code of Ordinances, a manufactured home defined in 24 C.F.R. § 3280.2, a mobile home, industrialized housing defined under Chapter 1202, Texas Occcupations Code, or similar structure. “RV Park” means a unified development that provides facilities for the accomodation of two or more Recreational Vehicles used as living or sleeping quarters, by the day, week, or month. If the context so requires, the term also includes the property used for an RV Park. 1.2 Interpretation. All terms defined in the Code but not defined in this Article have that meaning ascribed to them in the Code. ARTICLE TWO Use Regulations 2.1 Permissible Uses. Property zoned Special Use Permit – RV Park may be used for an RV Park or for any other use permissible under the underlying AG-Agriculture zoning district. No other special permit uses are permitted. 2.2 Permit Required. No improvements may be constructed without a permit. No permits for such construction shall be issued unless the construction proposed in the application for such permit complies with this Ordinance and all other applicable laws and regulations. 6 2.3 License Required. No person may use property for an RV Park without a valid license for such use issued by the City of Bulverde in conformance with the following: (A) Application. To obtain a license for use of property as an RV Park, the owner of the RV Park must submit an application on a form approved by the City and pay the fee adopted for such application. The application must include the following information: (1) A certification by the property owner and, if applicable, property manager, subject to the penalties of perjury that the property does not have any outstanding ordinance or state law violations; (2) Proof of property insurance; and (3) Any other information reasonably requested by the City Manager. (B) Terms of License. A license issued under this Article: (1) Is valid until revoked; (2) May not be transferred by the property owner listed on the application and does not convey with a sale or transfer of the property; and (3) Shall be automatically revoked if a court of competent jurisdiction, including but not limited to the Municipal Court of the City of Bulverde, determines by final judgment that the owner or operator of an RV Park has violated any provisions of the Code, this Article, or any other law, rule, or regulation more than two times in any calendar year; provided that the City shall provide the license holder with a notice of any violation at least 60 days prior to filing a criminal complaint associated with a violation of the Code, this Article, or any other law, rule, or regulation. ARTICLE THREE Development Regulations 3.1 Traffic Impact Analysis. No improvements may be constructed, and no permits or licenses may be issued, for an RV Park unless and until a traffic impact analysis prepared in accordance with Section 2.04(b), Exhibit A, Chapter 10, Code of Ordinances of the City of Bulverde, Texas has been approved by the City Manager and all improvements identified in the mitigation plan developed pursuant to such traffic impact analysis have been completed. 3.2 Intersection Improvements. Prior to the issuance of any license required under Section 2.3, above, any person seeking such license must expand the width of Heimer-Lange Road by a minimum of four feet for a distance of 160 feet from the intersection of Heimer Lange Road and US Highway 281. No property may be used for an RV Park unless and until such improvements have been constructed and approved by the City, the Texas Department of Transportation, and all other relevant regulatory authorities. The expansion of Heimer- Lange Road under this section is a minimum. If the traffic impact analysis required under 7  Section 3.1, above, requires expansion of Heimer-Lange Road by more than four feet, then the traffic impact analysis controls. 3.3 Septic System. Locating any septic tank in the floodplain or floodway, as those terms are defined in Section 3.07.002, Code of Ordinances of the City of Bulverde, Texas is prohibited. 3.4 Maximum Pad Sites. Construction of more than 148 Pad Sites is prohibited. 8