Planning & Zoning Commission Agendas & Meeting Information

Planning & Zoning Commission Meeting Agenda February 21, 2023 6:00 PM 30360 Cougar Bend, Bulverde TX 78163 1. CALL MEETING TO ORDER 2. REGULAR AGENDA ITEMS 2.I. SUP-23-01 (Guest House): Hold a public hearing and consider a request by Keith and Lorraine Sites for the approval of Special Use Permit to allow a Guest House an accessory use on Lot 271, Oak Village N Unit 2 Subdivision, located at 31031 Setting Sun Drive. 2.II. ZC-23-01 (Zone Change): Hold a public hearing and consider an Ordinance for a zone change from R-1 to C-1, zoning designation of C-1 for approximately 28.449 acres of land generally located on the south side of State Highway 46, approximately 7, 500’ from the intersection of State Highway 46 and US Highway 281. 3. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS 4. ADJOURNMENT ________________________ Charles West City Manager / Interim City Secretary City Hall is wheelchair accessible and accessible parking spaces are available. Requests for accommodations 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. Page 1 of 19 I, the undersigned authority, do hereby certify that the above Notice of Meeting of the City Council 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 February 17, 2023. The Planning & Zoning Commission reserves the right to adjourn into Executive session at any time regarding any issue for which it is legally permissible. The Planning & Zoning Commission 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 Planning & Zoning Commission may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other items on this agenda. Page 2 of 19  PLANNING AND ZONING COMMISSION ITEM: SUP-23-01 SPECIAL USE PERMIT 31031 Setting Sun MEETING DATE: February 16th, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Grant Fore, Planner II REQUEST: Hold a public hearing and consider a request by Keith and Lorraine Sites for the approval of a Special Use Permit to allow a Guest House as an accessory use on Lot 271, Oak Village North, Unit 2 Subdivision, located at 31031 Setting Sun Drive. OWNER/APPLICANT: Keith and Lorraine Sites 31031 Setting Sun Drive Bulverde, TX 78163 PROPERTY INFORMATION: Address: 31031 Setting Sun Drive Legal Description: Lot 271, Oak Village N Unit 2 Owner: Keith and Lorraine Sites Existing Land Use: Single-Family Residential Proposed Land Use: Single-Family Residential with a Proposed Guest House as an Accessory Use Existing Zoning: R-2, Residential District NOTICE: Public Notice: January 29th, 2023 Personal Notice: October 27, 2022 Staff sent 15 Personal Notices to properties within a 200-foot buffer of the subject property. As of present, staff received none in support or opposition out of those 15 properties that were individually notified. IN SUPPORT: 0 IN OPPOSITION: 0 SUMMARY: Page 1 of 3 Page 3 of 19 Keith and Lorraine Sites reside at Lot 271, Oak Village N Unit 2 and are requesting a Special Use Permit to allow a Guest House as an Accessory Use on their property. ANALYSIS: Per Section 14.01.019(b) of the Bulverde Code of Ordinances: Uses requiring a special use permit are listed in the table of permitted uses by zoning district. Those uses which are allowed by special use permit in certain districts in the table of permitted uses may be requested in those districts only and may not be requested in other zoning districts. In this case, the property is currently zoned R-2 Residential District. Under Section 14.04.002 of the Code, Guest House is listed in the table of permitted uses as a use that is allowed in an R-2 Residential zoning district with the approval of a special use permit. Therefore, a special use permit will be required for a Guest House. The proposed Guest House falls under the definition of Guest House in the City’s zoning ordinance. Guest House is defined as: Guest house. A dwelling unit located on the same lot as the main building or a portion of the main building used and occupied by guests or family members of the occupant of the premises which shall not be rented or otherwise used as a separate dwelling and which shall not have separate utility connections. SUGGESTED CONDTIONS: Staff typically does not make a recommendation to the Planning and Zoning Commission or City Council, but respectfully requests that the following conditions be added if the request is granted: 1. All permit applications submitted for this property are subject to the requirements of the Code. 2. Approval of this special use permit does not constitute approval of any building permits associated with this property. 3. The proposed Guest House shall not have a negative effect on the health, safety, or welfare of the public or surrounding properties. 4. No other special uses are allowed under this special use permit. CONSIDERATIONS FOR EVALUATION: City Code provides direction to the Planning and Zoning Commission and the City Council regarding the procedures and considerations involved in potentially granting any Special Use Permit. More specifically, Section 14.01.019(d) of the City Code states: “Every special use permit granted under the provisions of this article shall be considered as an amendment to the zoning ordinance and zoning map as applicable to such property, and shall be adopted as a separate ordinance. In granting such permit, the city council may impose such conditions as may be necessary to promote and protect the public health, safety, order, morals, convenience, prosperity and general welfare. Said conditions shall be complied with by the grantee before a certificate of occupancy may be issued..” ATTACHMENTS: Page 2 of 3 Page 4 of 19 A. Application B. Statement C. Site Plan D. Aerial Map Page 3 of 3 Page 5 of 19 Page 6 of 19 Page 7 of 19 Page 8 of 19  SUP-23-01 2/7/2023, 5:06:43 PM 1:1,128 0 0.01 0.01 0.03 mi Permits Piprow/Driveway Streets 0 0.01 0.03 0.05 km Septic Parcels Addresses Page 9 of 19 ArcGIS Web AppBuilder  PLANNING & DEVELOPMENT DEPARTMENT 30360 Cougar Bend Bulverde, TX 78163 Office (830) 438-3612 Fax (830) 438-4339 February 7th, 2023 Case #: SUP-23-01 NOTICE OF PUBLIC HEARING FOR SPECIAL USE PERMIT APPLICATION: Subject Property: 31031 Setting Sun Drive Bulverde, TX 78163 Legal Description: Oak Village N 2, Lot 271 Current Zoning: R-2 Residential Requested SUP: Guest House Dear Property Owner, The owner of the above-described property has submitted a request to the City of Bulverde for a Special Use Permit. The City of Bulverde is required by law to take the following actions: 1. Receive the application. 2. Notify all owners of property within 200 feet of the subject property, whose property is located within the City limits, that a Special Use Permit has been requested. 3. Hold a Public Hearing on the request. Accordingly, a public hearing has been scheduled to consider the requested Special Use Permit to allow the proposed use of a Guest House on a 1.2-acre tract located at 31031 Setting Sun Drive Bulverde, TX 78163. This owner-requested Special Use Permit would allow the proposed use of a Guest House. For your reference, attached to this letter you will find map exhibits that show the boundaries of the subject tract. No action regarding approval or denial of the requested Special Use Permit will take place until after the public hearings detailed in this notice. The initial public hearing will be held by the Planning and Zoning Commission on Tuesday, February 21st, 2023 at 6:00PM. The public City Council hearing on this request will be held on Tuesday, March 14th, 2023 at 6:30PM. Both hearings will be held at City Hall, 30360 Cougar Bend, Bulverde, Texas, 78163. All interested parties are encouraged to attend. You have the right to submit comments related to this request for a Special Use Permit. You may submit comments verbally at either of the public hearings scheduled for this request, or you may submit comments in writing prior to either public hearing date. If you choose to submit written comments, you may use the comment/protest form attached to this letter. You have the right to formally protest this requested Special Use Permit. If you wish to formally protest this requested Special Use Permit, you must submit a signed, written statement prior to the time of the final public hearing. You may use the comment/protest form attached to this letter to satisfy these requirements. Page 10 of 19  If you have any questions, please contact me by phone at 830-438-3612 or by email at gfore@bulverdetx.gov. Respectfully, Grant Fore Planner II --------------------------------------------------DETACH HERE------------------------------------------------------------------ SUP-23-01; SUP request for a Guest House, Oak Village N 2, Lot 271 located: 31031Setting Sun Drive Bulverde, TX 78163. I of ____________________________________________ Name Address object / support the proposed Special Use Permit for the following reason(s): _______________ ____________________________________________ _________________ Telephone Signature Date Please return comment/protest form to: Grant Fore Planner II City of Bulverde 30360 Cougar Bend, Bulverde, TX 78163 Email: gfore@bulverdetx.gov Phone: 830-438-3612 Page 11 of 19  PLANNING & ZONING COMMISSION ITEM ZC-23-01 ZONE CHANGE Lewis Creek Development – 28.45 Acre Property MEETING DATE: February 21st, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Charles West, City Manager REQUEST: Hold a public hearing and consider an Ordinance for a zone change from R-1 to C-1, zoning designation of C-1 for approximately 28.449 acres of land generally located on the south side of State Highway 46, approximately 7, 500’ from the intersection of State Highway 46 and US Highway 281. APPLICANT: Vantage, Inc. 20540 State Highway 46 Suite 115-194 Spring Branch, TX 78070 PROPERTY INFORMATION: Owner: EVEN BOSSIER, LLC Legal Description: A-88 SUR-764 G BAUER ACRES 28.449 Size: Approx. 28 Acres Existing Land Use: Undeveloped Existing Zoning: R-1, ETJ Proposed Land-Use: C-1 Commercial District NOTICE: Personal Notice: February 8th, 2023 Published Notice: February 8th, 2023 Staff sent 7 Personal Notices to properties within a 200-foot buffer of the subject property. As of present, Staff received no letters of opposition and none in support out of those 7 properties that were individually notified. IN SUPPORT: 0 IN OPPOSITION: 0 REQUEST SUMMARY: The subject property, approximately 28 acres in size, is located both outside City Limits and inside City Limits. The portion of property currently inside City Limits, directly adjacent to State Page 1 of 2 Page 12 of 19 Highway 46, is zoned R-1. This property is part of the proposed Lewis Creek Development and the potion of the property outside City Limits will be considered for annexation by City Council on Wednesday, February 22nd, 2023, to bring the entirety of the property inside City Limits. Pursuant to an adopted Development Agreement between the Property Owner and the City of Bulverde, the property may be used for all uses allowed in the current C-1 Commercial Zone, as set forth in Ch. 14 of the City of Bulverde Code of Ordinances, with the following additional uses also permitted: A. Bicycle sales/service B. Condominium home C. Convenience store with gasoline sales D. Drug store/pharmacy E. Health Club/Fitness Center F. Microbrewery/Craft Brewery G. Musical instrument sales/repair H. Parking lot or garage, commercial or off-street provided such parking area shall not be used for “park-and-ride” services or other off-site parking purposes I. Real estate sales offices, temporary J. Restaurant, dine-in K. Restaurant with drive-through sales or service L. Retail center, neighborhood/community, and M. Tobacco Shop As a result, this request is in conjunction with the Development Agreement, to zone the entire property C-1 with the above uses also permitted. ATTACHMENTS: Exhibit A – Application Exhibit B – Property Aerial Map Page 2 of 2 Page 13 of 19 Page 14 of 19 Page 15 of 19 Page 16 of 19  PLANNING & DEVELOPMENT DEPARTMENT 30360 Cougar Bend Bulverde, TX 78163 Office (830) 438-3612 Fax (830) 438-4339 February 8th, 2023 Case #: ZC-23-01 NOTICE OF PUBLIC HEARING FOR ZONE CHANGE: Subject Property: Approximately 28.449 acres of land generally located on the south side of State Highway 46, approximately 7, 500’ from the intersection of State Highway 46 and US Highway 281. Legal Description: A-88 SUR-764 G Bauer, Acres 28.449 Current Zoning: R-1, ETJ Requested Zoning: C-1 Commercial District Dear Property Owner, The City of Bulverde is required by law to take the following actions: 1. Notify all owners of property within 200 feet of the subject property, whose property is located within the City limits, that a zone change/designation has been requested. 2. Hold a Public Hearing on the request. The subject property is located both inside and outside City Limits. The portion of property inside City Limits directly adjacent to State Highway 46 is zoned R-1. The portion of property located outside City Limits is to be considered for annexation into City Limits by City Council. Pursuant to a Development Agreement adopted between the City of Bulverde and the Property Owner, the parties agreed that the property may be used for all uses allowed at C-1 zoned properties, set forth in Chapter 14 of the City of Bulverde Code of Ordinances, with the following additional uses permitted: A. Bicycle sales/service B. Condominium home C. Convenience store with gasoline sales D. Drug store/pharmacy E. Health Club/Fitness Center F. Microbrewery/Craft Brewery G. Musical instrument sales/repair H. Parking lot or garage, commercial or off-street provided such parking area shall not be used for “park- and-ride” services or other off-site parking purposes I. Real estate sales offices, temporary J. Restaurant, dine-in K. Restaurant with drive-through sales or service L. Retail center, neighborhood/community, and M. Tobacco Shop Page 17 of 19  Accordingly, a Public Hearing has been scheduled to consider enacting a C-1 zoning designation for the entire property. No action regarding approval or denial of the initial zoning designation will take place until after the public hearings detailed in this notice. The initial public hearing will be held by the Planning and Zoning Commission on Tuesday, February 21st, 2023 at 6:00pm. The public City Council hearing on this request will be held on Tuesday, March 14th, 2023 at 6:30pm. Both hearings will be held at City Hall, 30360 Cougar Bend, Bulverde, Texas, 78163. All interested parties are encouraged to attend. You have the right to submit comments related to this zoning designation. You may submit comments verbally at either of the public hearings scheduled for this request, or you may submit comments in writing prior to either public hearing date. If you choose to submit written comments, you may use the comment/protest form attached to this letter. If you have any questions, please contact City Hall at 830-438-3612. Respectfully, City of Bulverde --------------------------------------------------DETACH HERE------------------------------------------------------------------ ZC-23-01: Approximately 28.449 acres of land generally located on the south side of State Highway 46, approximately 7, 500’ from the intersection of State Highway 46 and US Highway 281. I of ____________________________________________ Name Address object / support the proposed Zone Change for the following reason(s): _______________ ____________________________________________ _________________ Telephone Signature Date Page 18 of 19 Please return comment/protest form to: City of Bulverde Planning Department 30360 Cougar Bend Bulverde, TX 78163 Page 19 of 19