Planning & Zoning Commission Agendas & Meeting Information

Planning & Zoning Commission Meeting Agenda May 11, 2023 6:00 PM 30360 Cougar Bend, Bulverde TX 78163 1. CALL MEETING TO ORDER, PLEDGE OF ALLEGIANCE AND ROLL CALL 2. APPROVAL OF MINUTES 2.I. April 13th, 2023 Regular Meeting 3. REGULAR AGENDA ITEMS 3.I. SUP-21-05 (Special Use Permit): Consider an ordinance of the City of Bulverde, Texas amending Ordinance #665, Special Use Permit for the property located at 2541 Bulverde Road, Bulverde, Texas 78163 to amend the number of days per month for operation of an Outdoor Vendors Market. 3.II. VR-23-09 (Variance): Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.03(c)(ii) related to General Design, of the City of Bulverde Code of Ordinances, on an approximately 0.744- acre tract of land, generally located at 936 Park Road 31. 3.III. VR-23-10 (Variance): Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.03(c)(iii) related to General Design, of the City of Bulverde Code of Ordinances, on an approximately 0.744- acre tract of land, generally located at 936 Park Road 31. 3.IV. VR-23-11 (Variance): Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.06(a)(i)(3) related to Water, of the City of Bulverde Code of Ordinances, on an approximately 0.744-acre tract of land, generally located at 936 Park Road 31. 3.V. VR-23-12 (Variance): Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.07(c)(i) related to Sewer, of the City of Bulverde Code of Ordinances, on an approximately 0.744-acre tract of land, generally located at 936 Park Road 31 3.VI. PC-23-03 (Final): Reconsideration of a Final Plat of Lot 1, Park Road 31, located at 936 Park Road 31. Page 1 of 69  3.VII. CA-23-01 (Future Land Use Plan Amendment): Hold a public hearing and consider a recommendation on an Ordinance amending the City of Bulverde Comprehensive Plan, “Sunrise 2025”; revising previously established land use designations on the Future Land Use Plan on approximately 5.27 acres generally located on the South side of State Highway 46 approximately 0.35 miles from the intersection of Bulverde Road and State Highway 46. 3.VIII. ZC-23-02 (Zone Change): Hold a public hearing and consider a request by Randy Morrow for a change in zoning from R-1 Residential District to C-1 Commercial District, for approximately 5.27 acres of land located on the south side of State Highway 46 approximately 0.35 miles from the intersection of Bulverde Road and State Highway 46. 3.IX. CA-23-02 (Code Amendment): Discuss and Consider an Ordinance of the City Council of the City of Bulverde, Texas Amending Chapter 14, Zoning, the City of Bulverde Code of Ordinances By Amending the Use Table in Section 14.04.002 to Add Uses allowed by Special Use Permit. 4. EXECUTIVE SESSION 5. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS 6. REPORTS BY CITY OFFICIALS AND CITY STAFF ON ITEMS OF COMMUNITY INTEREST 7. ADJOURNMENT ________________________ Grant Fore City Planner 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 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 . Page 2 of 69 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 3 of 69 These minutes have been prepared to satisfy the requirements of Section 551.021 of the Texas Government Code. Recordings of most City meetings are available at www.bulverdetx.gov City of Bulverde Planning & Zoning Commission Minutes Regular Meeting: April 13th, 2023 Meeting Duration: 6:00PM-7:52PM CALL TO ORDER Commission Members Present: Joe Alexandre, Michelle Molina, Ted Hawkins, Ashley Cartier, Lindy Sisk Commission Members Absent: Seth Prescott, Gregory Porter City Staff Present: Grant Fore (Planner II), Charles West (City Manager), Jason Rammel (City Attorney) EXECUTIVE SESSION None APPROVAL OF MINUTES a. March 16th, 2023 Regular Meeting Commissioner Molina made a motion recommending approval of the meeting minutes. The motion was seconded by Commissioner Alexandre and passed by a vote of 5-0. REGULAR AGENDA ITEMS A. PC-23-06 (Replat): Consideration of a Replat of Lots 506, 507 and 508 River Crossing Unit 3, generally located near the intersection of River Way and Pine Meadow. Grant Fore, Planner II, presented the staff report and answered questions asked by the Commission. After consideration and discussion, Commissioner Cartier made a motion recommending approval of PC-23-06. The motion was seconded by Commissioner Molina and passed by a vote of 5-0. B. PC-23-07 (Replat): Consideration of a Replat of Johnson Ranch North Unit 9 Subdivision, generally located near the intersection of Mustang Vista and Stahl Lane. Grant Fore, Planner II, presented the staff report and answered questions asked by the Commission. After consideration and discussion, Commissioner Hawkins made a motion recommending approval of PC-23-07. The motion was seconded by Commissioner Sisk and passed by a vote of 5-0. C. SUP-23-03 (Guest House): Hold a public hearing and consider a request by John and Andra Lang for the approval of a Special Use Permit to allow a Guest House as an accessory use on Lot 492, Oak Village N, Unit 3 Subdivision, located at 5043 Hawk Eye Drive. This item was tabled per the Owner’s request. D. PDD-23-01 (Planned Development District): Hold a public hearing and consider a request by Frank Telles for a change in zoning from C-2 Commercial District to PDD Planned Development District with a base zoning of C-2 Commercial for a proposed Convenience Store with Gasoline Sales and proposed Retail Lease Space at 32685 US Highway 281 N Bulverde, Texas 78163. Grant Fore, Planner II, presented the staff report and answered questions asked by the Commission. Frank Telles with the development was present and answered questions. After consideration and discussion, Commissioner Alexandre made a motion recommending denial of Page 4 of 69  PDD-23-01. The motion was seconded by Commissioner Molina and passed by a vote of 5-0. E. ZC-23-01 (Zone Change): Hold a public hearing and consider an ordinance establishing the zoning for property located at 21735 State Highway 46 West, Bulverde, Texas 78163 as Planned Development District – Lewis Creek Commercial, with a base zoning of C-1 Commercial and additional uses. City Manager Charles West presented the staff report and answered questions asked by the Commission. Tom Hackleman and representatives from Matkin Hoover were also present and answered questions. After public comment and further consideration and discussion, Commissioner Sisk made a motion recommending approval of ZC-23-01. The motion was seconded by Commissioner Cartier and passed by a vote of 4-1. PUBLIC COMMENTS None REPORT BY CITY OFFICIALS AND STAFF ON ITEMS OF COMMUNITY INTEREST ADJOURNMENT There being no further business to come before the Commission, the meeting adjourned at 7:52PM. I certify that the above minutes were approved by the Commission on May 11th, 2023. Grant Fore, Planner II Page 2 of 2 Page 5 of 69  PLANNING AND ZONING COMMISSION ITEM: SUP-21-05 SPECIAL USE PERMIT 2541 Bulverde Road MEETING DATE: May 11th, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Grant Fore, Planner II REQUEST: Hold a public hearing and consider an ordinance of the City of Bulverde, Texas amending Ordinance 665, Special Use Permit, for the property located 2541 Bulverde Road Bulverde, Texas 78163 to amend the number of days per month for operation of an Outdoor Vendors Market. OWNER/APPLICANT: Cooke Hill Country Holdings LP c/o Ashley & Chisum Cooke 411 Comal Run Bulverde, TX 78163 PROPERTY INFORMATION: Address: 2541 Bulverde Road, Bulverde, TX 78163 Legal Description: A-206 SUR-192 G HERRERA, ACRES 8.029 Owner: Cooke Hill Country Holdings LP Existing Land Use: Commercial Existing Zoning: PDD, Planned Development District NOTICE: Public Notice: April 25th, 2023 Personal Notice: April 28th, 2023 Staff sent 7 Personal Notices to properties within a 200-foot buffer of the subject property. As of present, Staff received one letter of support and none in opposition out of those 7 properties that were individually notified. IN SUPPORT: 0 IN OPPOSITION: 0 BACKGROUND: Page 1 of 2 Page 6 of 69 Ashley and Chisum Cooke submitted a request for a Special Use Permit in 2021 to allow an Outdoor Vendors Market at the subject property twice per month on the first and third Mondays. Ordinance #665 was adopted on October 12th, 2021 permitting an Outdoor Vendors Market at the subject property on the first and third Monday of each month. REQUEST: The property owners/coordinator of the market have submitted a request to amend Ordinance #665 to allow the Outdoor Vendors Market three times per month to be held on Mondays and/or Saturdays. The property owner is only requesting to amend the number of days per month permitted to operate the Outdoor Vendors Market. There are no other proposed amendments or changes to Ordinance 665. ATTACHMENTS: APPLICATION NARRATIVE APPROVED SITE PLAN ORDINANCE 665 COPY OF PUBLIC NOTICE Page 2 of 2 Page 7 of 69  Application for Special Use Permit (SUP) 30360 Cougar Bend, Bulverde, TX 78163 Telephone: 830-438-3612 - Fax. 830-438-4339 www.ci.bulverde.tx.us Date: 4.27.2023_______ Case No. __________________ Applicant Information: Ashley and Chisum Cooke_____________361-945-4778 or 361-945-4778______________________________________________ Name Phone Fax 411 Comal Run Bulverde, Bulverde 78163 mondaymarketatbulverde@gmail.com ashncooke@yahoo.com chisumlcooke@yahoo.com ____________________________________________________________________________________ Property Owner Information: Address Email ______________________________________________________________________________________ Name Phone Fax ___Same as above_________________________________________________________ Address Email * If property owner is not the applicant, a letter of authorization from the owner is required with application submittal. Property Identification: Street Address: 2541 Bulverde Rd, Bulverde, Tx 78163_________________________________________ Legal Description: __A-206 SUR-192 G Herrera________________________________ Use Requested: ___Market day 3 times a month to be held on the 1st and 3rd Mondays and/or Saturdays_ The Following Must Be Submitted with Application: 1. A written statement describing the purpose and specific conditions of the request. 2. A site plan meeting the following minimum specifications: a. Drawn to scale; indicating applicable buildings with approximate square footages and proposed uses. b. Site ingress and egress, including interior traffic circulation patterns and parking/loading areas c. Location and uses of existing buildings within 200 feet (may be shown on separate plan/aerial photograph) d. Existing zoning district classifications within 200 feet (may be shown on separate plan) e. The 100-year floodplain if present on the property 3. A landscape/buffering plan meeting the following minimum specifications: a. Drawn to scale; indicating proposed landscaping, including the size, species and locations. b. Other visual screening methods and their design, such as fences 4. A Tree Preservation and Replacement Plan must be submitted meeting the specifications of the Zoning Ordinance if development will necessitate removal of trees or affect the driplines of existing trees. * Other items, including, but not limited to architectural renderings, traffic impact studies and noise studies may be requested. In addition, the Planning and Zoning Commission and City Council may request additional information by majority vote to render an informed decision. The undersigned agrees to pay the non-refundable application fee and any other applicable fees as outlined in the Fee Schedule and agrees to pay fees for any additional review requiring consultation with City Consultants, including involvement of a contract engineer in a predevelopment conference. To the extent possible, City Staff will provide the Owner/Applicant with an estimate of fees should outside consultation be required. The undersigned also acknowledges the City Staff may require additional appropriate information be submitted to aid in the review. _________________________________________________________ ______________________________ Signature of Owner/Applicant Date Fees: Special Use Permit Review Fee - $750.00 Page 8 of 69  Proposed Amendment to Market Day at 2541 Bulverde Road Purpose: We currently hold an SUP for a market on the first and third Monday of every month from 2:00 pm to 7:00 pm. We propose to amend our SUP to allow an Outdoor Vendors Market three (3) times per month, to be held on Mondays or Saturdays. Each of the three-monthly markets will be no more than five (5) hours in length. The Outdoor Vendors Market will have a variety of vendors (including food trucks) that are looking for a space to promote their business, show and sell their products and make connections with community members. We would like to welcome farmers with fresh produce and meat, hand-made food-related businesses, hand-made material goods, local vendors selling retail goods, and service providers. Location: 2541 Bulverde Road Bulverde, TX 78163 Days and hours: Mondays and Saturdays, three times total per month, for five hours each market. Approximate number of vendors: 20 • Each vendor will have a 10’ x 10’ space for their goods Parking: Will be in the gravel lot east side of the barn for shoppers and some vendors (to help guide the parking lot by parking first). Parking for vendors will be on the west side of the barn for easy access to load and unload. East side of the barn – 13 parking spaces (121 ft) on the north side of the lot and 6 parking spaces (54 ft) on the south side West side of the barn – has 16 parking spaces total =Total of 35 parking spaces Restroom Facility – located inside the barn Ingress & Egress: The entrance and exit will be the asphalt road, the east side of the barn. Vendor entrance and exit will be the asphalt drive to the west side of the barn. Existing Buildings within 200 feet: One multi-use professional office building on the east side (top of this image above). Existing Zoning classifications within 200 feet: zoning around 2541 is also zoned PDD Floodplain: The 100-year flood plan is not applicable at this site. Landscaping: There will be no landscaping added to the site. Page 9 of 69 Page 10 of 69 Page 11 of 69 Page 12 of 69 Page 13 of 69  PLANNING & DEVELOPMENT DEPARTMENT 30360 Cougar Bend Bulverde, TX 78163 Office (830) 438-3612 Fax (830) 438-4339 April 28th, 2023 Case #: SUP-21-05 NOTICE OF PUBLIC HEARING Subject Property: 2541 BULVERDE ROAD BULVERDE, TX 78163 Legal Description: A-206 SUR-192 G HERRERA, ACRES 8.029 Dear Property Owner, Notice is hereby given that public hearings have been scheduled to consider an ordinance of the City of Bulverde, Texas amending Ordinance #665, Special Use Permit for the property located at 2541 Bulverde Road, Bulverde, Texas 78163 to amend the number of days per month for operation of an Outdoor Vendors Market. Ordinance #665 was adopted on October 12th, 2021 permitting an Outdoor Vendors Market at the subject property on the first and third Monday of each month. The property owner and coordinator of the market has submitted a request to amend Ordinance #665 to allow the Outdoor Vendors Market three times per month to be held on Mondays and/or Saturdays. The owner of the above-described property has submitted a request to the City of Bulverde to amend Ordinance #665. 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 the request has been submitted 3. Hold a Public Hearing on the request. Accordingly, a public hearing has been scheduled to consider the amendment to Ordinance #665 to allow the Outdoor Vendors Market three times per month to be held on Mondays and/or Saturdays. 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 amendment to Ordinance #665 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 Thursday, May 11th, 2023 at 6:00pm. The public City Council hearing on this request will be held on Tuesday, June 13, 2023 at 6:30 pm. 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 an amendment to Ordinance #665. You may submit comments verbally at either of the public hearings scheduled for this request, or you may Page 14 of 69  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 amendment to Ordinance #665. If you wish to formally protest this requested amendment to Ordinance #665, 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. If you have any questions, please contact me by phone at 830.380.3048 or by email at gfore@bulverdetx.gov and reference case # SUP-21-05. Respectfully, Grant Fore, Planner II --------------------------------------------------DETACH HERE------------------------------------------------------------------ SUP-21-05: Consider an ordinance of the City of Bulverde, Texas amending Ordinance #665, Special Use Permit for the property located at 2541 Bulverde Road, Bulverde, Texas 78163 to amend the number of days per month for operation of an Outdoor Vendors Market. I of ____________________________________________ Name Address object / support the proposed Special Use Permit for the following reason(s): _______________ ____________________________________________ _________________ Telephone Signature Date Page 15 of 69 Please return comment/protest form to: Grant Fore Planner II City of Bulverde 30360 Cougar Bend, Bulverde, TX 78163 Email: gfore@bulverdetx.gov Fax: 830-438-3612 Page 16 of 69  PLANNING & ZONING COMMISSION ITEM: VR-23-09 VARIANCE 936 Park Road 31 MEETING DATE: May 11th, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Grant Fore, Planner II REQUEST: Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.03(c)(ii) related to General Design, of the City of Bulverde Code of Ordinances, on an approximately 0.744-acre tract of land, generally located at 936 Park Road 31. OWNER: ABMF, LLC. APPLICANT: Sterling Martin Boerner Surveying PROPERTY INFORMATION: Address: 936 Park Road 31 Legal Description: A-596 SUR-581 J M SECREST, ACRES 0.744 Owner: ABMF, LLC Existing Land Use: Undeveloped Existing Zoning: ETJ SUMMARY/ANALYSIS: ABMF, LLC. is intending to develop a 0.744 acre tract located on Park 31 outside City Limits in the City of Bulverde ETJ. The tract was recorded by deed in 1982 prior to the City of Bulverde City Limit incorporation and ETJ establishment. The City of Bulverde has subdivision authority for property in the ETJ. The City of Bulverde Code of Ordinances Ch. 10 Section 2.03(c)(ii) states: (c) Lots Page 1 of 3 Page 17 of 69 In order to protect the health, safety, and welfare of the public, lots in the City’s Extraterritorial Jurisdiction (ETJ) boundary shall have a minimum size based on the utility services provided to each lot: 1) If each lot is served by an individual well and individual septic system, then each lot must be at least 5.01 acres in size. 2) If each lot is served by a central water system and has an individual septic system, then each lot must be at least 1.01 acres in size. 3) If each lot is served by both a central water system and a central sewer system, then there is no minimum lot size requirement. However, the property owner is proposing that the lot be served by an individual well and septic system, which requires the lot to be a minimum 5.01 acres in size. The applicant has submitted a written statement for this variance request, which is attached to this staff report. The applicant shall present their case to the Planning and Zoning Commission for consideration during the meeting. THE GRANTING OF THIS REQUESTED VARIANCE DOES NOT CONSTITUTE APPROVAL OF ANY OTHER VARIANCES WHICH MAY BE DEPICTED IN THE EXHIBITS ATTACHED TO THIS APPLICATION AND REPORT. ANY AND ALL OTHER VARIANCES FROM THE BULVERDE CODE OF ORDINANCES THAT DO NOT INCLUDE THIS REQUESTED VARIANCE WILL BE REQUESTED IN A SEPARATE APPLICATION AND APPROVAL PROCESS. AUTHORITY OF THE PLANNING & ZONING COMMISSION: Section 1.07 of the City of Bulverde Code of Ordinances states: a) General. (i) Variances to the requirements of this ordinance may be granted by the City Council for nonprocedural items provided the City Council determines that undue hardship will result from strict compliance with the ordinance. A variance may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and substantial justice done. In granting a variance, the City Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. (ii) In making the findings required herein, the City Council shall take into account the nature of the proposed land use, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience Page 2 of 3 Page 18 of 69  and welfare in the vicinity. No variance shall be granted unless the City Council makes affirmative findings as to all of the following: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land; 2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 3) That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 4) That granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. ATTACHMENTS : Application Halff memo Page 3 of 3 Page 19 of 69  3& 4UFSMJOH
.BSUJO  
)PMJEBZ
3E TUFSMJOH!CPFSOFSTVSWFZJOHDPN "#.'
--$ 210-528-0180 24910 Shuman Creek, San Antonio, TX, 78255 210-528-0180 
1BSL
3PBE $&5(75$&72)/$1'5(&25'(',1'2&80(17122)),&,$/38%/,&5(&25'6 (7- VHFWLRQ F LL /RWVHUYHGE\DQLQGLYLGXDOZHOODQGLQGLYLGXDOVHSWLFV\VWHPWKHQHDFKORWPXVWEHDWOHDVWDFUHVLQVL]H VHFWLRQ F  LLL %XLOGLQJVHWEDFN/LQHVRQ/RWVLQWKH&LW\¶V(7-)URQW 5HDU WRWDOVLGHVHWEDF DQGPLQLPXPVLGHVHWEDFN VHFWLRQ D ZDWHU$VXIILFLHQWVXSSO\RISRWDEOHZDWHUPXVWEHDVVXUHGWRHYHU\ORWLQWKHVXEGLYLVLRQ VHFWLRQ $OOKLJKGHQVLW\GHYHORSPHQWVKDOOEHVHUYHGE\DFHQWUDOVHZDJHFROOHFWLRQV\VWHPDQGWUHDWPHQWZRUNV1RRQVLWH VHZHUDJHIDFLOLWLHVDUHDOORZHGLQKLJKGHQVLW\GHYHORSPHQW 4-24-2024 Page 20 of 69 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age 21 of 69  REVIEW MEMORANDUM TO: Donnie Boerner Donnie Boerner Surveying Company, LP 228 Holiday Road Comfort, Texas 78013 FROM: Chelsy Houy, PE, CFM chouy@halff.com SUBJECT: Park Road 31 DATE: April 26, 2023 Final Plat Review PC-23-03 Halff Associates, on behalf of the City of Bulverde, has performed a review of the resubmittal package for Park Road 31 Final Plat, dated 04/26/2023. The review was conducted relative to the requirements established in the Subdivision Ordinance of the City of Bulverde and the Bulverde Drainage Design Manual (BDDM). The following items were reviewed, with specific items to be addressed by the applicant before resubmittal. Plat specifications, Ordinance Section 1.05(b)(ii) 1. Setback lines need to be revised to follow Section 2.03(c)(iii) for properties in the ETJ. Variance submitted, pending review by City Council. 2. Add a block number to the proposed lot. Resolved. 3. Add a reference to the vertical control datum of contours. Comment resolved. 4. Include “Subdivision Plat” in the plat title. Comment resolved. 5. Add Planning & Zoning signature block stating: Comment resolved. 6. Revise Planning Director signature block to state: Comment resolved. Page 1 of 2 Page 22 of 69 7. General Survey Notes 9 and 11 should state “Subdivision” in place of “Subdivided.” Comment resolved. 8. Show only the field verified bearing and distance for property line callouts. Comment resolved. 9. Note: Plat application incorrectly states property is in the Recharge Zone. Property is in the Contributing Zone, and is correctly specified on the plat. Comment resolved. Plat Supporting Documents, Ordinance Section 1.04(d)(ii) 1. Provide drainage study showing how development of lot will affect watershed. No comments on drainage study. Comment resolved. 2. Provide TxDOT approval letter. Comment resolved. 3. Variance required for Section 2.03(c)(ii), Section 2.06(a) and Section 2.07 regarding use of well and septic on a lot less than 5.01 acres. Variance submitted, pending review by City Council. 4. Provide Tax Certificates prior to final approval and recordation. Comment resolved. 5. Provide documentation confirming Alex Triff as an authorized agent for ABMF, LLC. Comment resolved. Page 2 of 2 Page 23 of 69  PLANNING & ZONING COMMISSION ITEM: VR-23-10 VARIANCE 936 Park Road 31 MEETING DATE: May 11th, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Grant Fore, Planner II REQUEST: Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.03(c)(iii) related to General Design, of the City of Bulverde Code of Ordinances, on an approximately 0.744-acre tract of land, generally located at 936 Park Road 31. OWNER: ABMF, LLC. APPLICANT: Sterling Martin Boerner Surveying PROPERTY INFORMATION: Address: 936 Park Road 31 Legal Description: A-596 SUR-581 J M SECREST, ACRES 0.744 Owner: ABMF, LLC Existing Land Use: Undeveloped Existing Zoning: ETJ SUMMARY/ANALYSIS: ABMF, LLC. is intending to develop a 0.744 acre tract located on Park 31 outside City Limits in the City of Bulverde ETJ. The tract was recorded by deed in 1982 prior to the City of Bulverde City Limit incorporation and ETJ establishment. The City of Bulverde has subdivision authority for property in the ETJ. The City of Bulverde Code of Ordinances Ch. 10 Section 2.03(c)(ii) states: (c) Lots Page 1 of 3 Page 24 of 69 (iii) Building setback Lines on Lots in the City’s ETJ. Building setback lines shall be indicated on plats proposed within the City’s ETJ in accordance with the following minimum requirements by the density category of the subdivision as follows: Categorical Front Rear Total Side Minimum Side Density Setback Setbacks Setback Setback Low 100 feet 50 feet 100 feet 30 feet Medium 50 feet 25 feet 50 feet 20 feet High* 40 feet 20 feet 40 feet 20 feet Building setbacks in the ETJ are established by plat based off categorical density. This proposed 0.744 acre lot is considered High Density as per the City Subdivision Ordinance. The property owner is requesting a variance to setback requirements and is proposing to establish the following setbacks in the proposed plat: Front: 25’ Side: 10’ Rear: 10’ The applicant has submitted a written statement for this variance request, which is attached to this staff report. The applicant shall present their case to the Planning and Zoning Commission for consideration during the meeting. THE GRANTING OF THIS REQUESTED VARIANCE DOES NOT CONSTITUTE APPROVAL OF ANY OTHER VARIANCES WHICH MAY BE DEPICTED IN THE EXHIBITS ATTACHED TO THIS APPLICATION AND REPORT. ANY AND ALL OTHER VARIANCES FROM THE BULVERDE CODE OF ORDINANCES THAT DO NOT INCLUDE THIS REQUESTED VARIANCE WILL BE REQUESTED IN A SEPARATE APPLICATION AND APPROVAL PROCESS. AUTHORITY OF THE PLANNING & ZONING COMMISSION: Section 1.07 of the City of Bulverde Code of Ordinances states: a) General. (i) Variances to the requirements of this ordinance may be granted by the City Council for nonprocedural items provided the City Council determines that undue hardship will result from strict compliance with the ordinance. A variance may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and substantial justice done. In granting a variance, the City Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. Page 2 of 3 Page 25 of 69  (ii) In making the findings required herein, the City Council shall take into account the nature of the proposed land use, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the City Council makes affirmative findings as to all of the following: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land; 2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 3) That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 4) That granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. ATTACHMENTS : Application Halff memo Page 3 of 3 Page 26 of 69  3& 4UFSMJOH
.BSUJO  
)PMJEBZ
3E TUFSMJOH!CPFSOFSTVSWFZJOHDPN "#.'
--$ 210-528-0180 24910 Shuman Creek, San Antonio, TX, 78255 210-528-0180 
1BSL
3PBE $&5(75$&72)/$1'5(&25'(',1'2&80(17122)),&,$/38%/,&5(&25'6 (7- VHFWLRQ F LL /RWVHUYHGE\DQLQGLYLGXDOZHOODQGLQGLYLGXDOVHSWLFV\VWHPWKHQHDFKORWPXVWEHDWOHDVWDFUHVLQVL]H VHFWLRQ F  LLL %XLOGLQJVHWEDFN/LQHVRQ/RWVLQWKH&LW\¶V(7-)URQW 5HDU WRWDOVLGHVHWEDF DQGPLQLPXPVLGHVHWEDFN VHFWLRQ D ZDWHU$VXIILFLHQWVXSSO\RISRWDEOHZDWHUPXVWEHDVVXUHGWRHYHU\ORWLQWKHVXEGLYLVLRQ VHFWLRQ $OOKLJKGHQVLW\GHYHORSPHQWVKDOOEHVHUYHGE\DFHQWUDOVHZDJHFROOHFWLRQV\VWHPDQGWUHDWPHQWZRUNV1RRQVLWH VHZHUDJHIDFLOLWLHVDUHDOORZHGLQKLJKGHQVLW\GHYHORSPHQW 4-24-2024 Page 27 of 69 7KLVSURSHUW\ZDVFUHDWHGE\WKH6WDWHRI7H[DVZKHQ3DUN5RDGZDVHVWDEOLVKHGLQ$SULORI (YLGHQFH6HHDWWDFKHGGHHG 9ROXPH3DJHV 6HFWLRQ F LL GRHVQRWDOORZIRULQGLYLGXDOZDWHUZHOOVDQGLQGLYLGXDOVHSWLFV\VWHPIRUWUDFWVOHVVWKDQDFUHV VHFWLRQ F LLL GRHVQRWDOORZIRUDEXLOGDEOHVSDFHGXHWRWKHVKDSHRIWKHH[LVWLQJWDFW VHFWLRQ D UHTXLUHVORWVRIWKLVWUDFWVL]HWREHVXSSOLHGE\DFHQWUDOZDWHUV\VWHP VHFWLRQUHTXLUHVORWVIRWKLVWUDFWVL]HWREHVXSSOLHGE\DFHQWUDOVHZDJHFROOHFWLRQ 7KHOLWHUDOHQIRUFHPHQWRIWKHVHUHJXODWLRQVZRXOGQRWDOORZWKLVSURSHUW\WREHGHYHORSHGZKHQLWH[LVWHGSULRUWRWKHUXOHV 7KHSURSHUW\LVVXUURXQGHGE\DDFUHWDFWDOVREHLQJFUHDWHLQE\WKH6WDWHRI7H[DVZKHQ3DUN5RDGZDV HVWDEOLVKHG7KLVSURSHUWLVQRWDQHZGLYLVLRQDQGVKRXOGTXDOLI\IRUJUDQGIDWKLQJIURPWKHFXUUHQWUXOHV 7KHVLWHLVSURSRVHGWREHXVHGDVDVLQJOHIDPLO\UHVLGHQWLDOWUDFWDQGWKHSURSRVHGSODWLVSODWWLQJDQH[LVWLQJ FRQGWLRQFUHDWHGE\WKH6WDWHRI7H[DV7KHSURSRVHGSODWLVHVWDEOLVKLQJD IURQW VLGHDQGUHDUVHWEDFN WRZRUNZLWKWKHVSLULWDQGSXUSRVHRIWKHUXOHV Page 28 of 69  REVIEW MEMORANDUM TO: Donnie Boerner Donnie Boerner Surveying Company, LP 228 Holiday Road Comfort, Texas 78013 FROM: Chelsy Houy, PE, CFM chouy@halff.com SUBJECT: Park Road 31 DATE: April 26, 2023 Final Plat Review PC-23-03 Halff Associates, on behalf of the City of Bulverde, has performed a review of the resubmittal package for Park Road 31 Final Plat, dated 04/26/2023. The review was conducted relative to the requirements established in the Subdivision Ordinance of the City of Bulverde and the Bulverde Drainage Design Manual (BDDM). The following items were reviewed, with specific items to be addressed by the applicant before resubmittal. Plat specifications, Ordinance Section 1.05(b)(ii) 1. Setback lines need to be revised to follow Section 2.03(c)(iii) for properties in the ETJ. Variance submitted, pending review by City Council. 2. Add a block number to the proposed lot. Resolved. 3. Add a reference to the vertical control datum of contours. Comment resolved. 4. Include “Subdivision Plat” in the plat title. Comment resolved. 5. Add Planning & Zoning signature block stating: Comment resolved. 6. Revise Planning Director signature block to state: Comment resolved. Page 1 of 2 Page 29 of 69 7. General Survey Notes 9 and 11 should state “Subdivision” in place of “Subdivided.” Comment resolved. 8. Show only the field verified bearing and distance for property line callouts. Comment resolved. 9. Note: Plat application incorrectly states property is in the Recharge Zone. Property is in the Contributing Zone, and is correctly specified on the plat. Comment resolved. Plat Supporting Documents, Ordinance Section 1.04(d)(ii) 1. Provide drainage study showing how development of lot will affect watershed. No comments on drainage study. Comment resolved. 2. Provide TxDOT approval letter. Comment resolved. 3. Variance required for Section 2.03(c)(ii), Section 2.06(a) and Section 2.07 regarding use of well and septic on a lot less than 5.01 acres. Variance submitted, pending review by City Council. 4. Provide Tax Certificates prior to final approval and recordation. Comment resolved. 5. Provide documentation confirming Alex Triff as an authorized agent for ABMF, LLC. Comment resolved. Page 2 of 2 Page 30 of 69  PLANNING & ZONING COMMISSION ITEM: VR-23-11 VARIANCE 936 Park Road 31 MEETING DATE: May 11th, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Grant Fore, Planner II REQUEST: Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.06(a)(i)(3) related to Water, of the City of Bulverde Code of Ordinances, on an approximately 0.744-acre tract of land, generally located at 936 Park Road 31. OWNER: ABMF, LLC. APPLICANT: Sterling Martin Boerner Surveying PROPERTY INFORMATION: Address: 936 Park Road 31 Legal Description: A-596 SUR-581 J M SECREST, ACRES 0.744 Owner: ABMF, LLC Existing Land Use: Undeveloped Existing Zoning: ETJ SUMMARY/ANALYSIS: ABMF, LLC. is intending to develop a 0.744 acre tract located on Park 31 outside City Limits in the City of Bulverde ETJ. The tract was recorded by deed in 1982 prior to the City of Bulverde City Limit incorporation and ETJ establishment. The City of Bulverde has subdivision authority for property in the ETJ. The City of Bulverde Code of Ordinances Ch. 10 Section 2.06(a)(i)(3) states: Water Page 1 of 3 Page 31 of 69 (a) General. (i) A sufficient supply of potable water must be assured to every lot in the subdivision. 1) Low Density subdivisions may rely on private wells if the subdivider provides a certification of sufficient groundwater supply prepared and sealed by a Professional Engineer in accordance with TCEQ regulations and Comal County regulations. 2) Medium Density subdivisions must be supplied by a central water system with sufficient sources of supply to provide potable water for each lot in the subdivision and to provide adequate fire protection for each lot in the subdivision. If groundwater is to be used as the sole source or as a partial source of water, provide a certification of sufficient groundwater supply prepared and sealed by a Professional Engineer in accordance with TCEQ regulations and Comal County regulations. 3) High Density subdivisions must be supplied by a central water system with sufficient sources of supply to provide potable water for each lot in the subdivision and to provide adequate fire protection for each lot in the subdivision. If groundwater is to be used as the sole source or as a partial source of water, provide a certification of sufficient groundwater supply prepared and sealed by a Professional Engineer in accordance with TCEQ regulations and Comal County regulations. The proposed lot is considered High Density due to the lot size. It is required that high density subdivision be served by a central water system. However, the property owner is proposing this lot be served by an individual on-site well. The applicant has submitted a written statement for this variance request, which is attached to this staff report. The applicant shall present their case to the Planning and Zoning Commission for consideration during the meeting. THE GRANTING OF THIS REQUESTED VARIANCE DOES NOT CONSTITUTE APPROVAL OF ANY OTHER VARIANCES WHICH MAY BE DEPICTED IN THE EXHIBITS ATTACHED TO THIS APPLICATION AND REPORT. ANY AND ALL OTHER VARIANCES FROM THE BULVERDE CODE OF ORDINANCES THAT DO NOT INCLUDE THIS REQUESTED VARIANCE WILL BE REQUESTED IN A SEPARATE APPLICATION AND APPROVAL PROCESS. AUTHORITY OF THE PLANNING & ZONING COMMISSION: Section 1.07 of the City of Bulverde Code of Ordinances states: a) General. (i) Variances to the requirements of this ordinance may be granted by the City Council for nonprocedural items provided the City Council determines that undue hardship will result from strict compliance with the ordinance. A variance may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and substantial justice done. In granting a Page 2 of 3 Page 32 of 69  variance, the City Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. (ii) In making the findings required herein, the City Council shall take into account the nature of the proposed land use, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the City Council makes affirmative findings as to all of the following: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land; 2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 3) That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 4) That granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. ATTACHMENTS : Application Halff memo Page 3 of 3 Page 33 of 69  3& 4UFSMJOH
.BSUJO  
)PMJEBZ
3E TUFSMJOH!CPFSOFSTVSWFZJOHDPN "#.'
--$ 210-528-0180 24910 Shuman Creek, San Antonio, TX, 78255 210-528-0180 
1BSL
3PBE $&5(75$&72)/$1'5(&25'(',1'2&80(17122)),&,$/38%/,&5(&25'6 (7- VHFWLRQ F LL /RWVHUYHGE\DQLQGLYLGXDOZHOODQGLQGLYLGXDOVHSWLFV\VWHPWKHQHDFKORWPXVWEHDWOHDVWDFUHVLQVL]H VHFWLRQ F  LLL %XLOGLQJVHWEDFN/LQHVRQ/RWVLQWKH&LW\¶V(7-)URQW 5HDU WRWDOVLGHVHWEDF DQGPLQLPXPVLGHVHWEDFN VHFWLRQ D ZDWHU$VXIILFLHQWVXSSO\RISRWDEOHZDWHUPXVWEHDVVXUHGWRHYHU\ORWLQWKHVXEGLYLVLRQ VHFWLRQ $OOKLJKGHQVLW\GHYHORSPHQWVKDOOEHVHUYHGE\DFHQWUDOVHZDJHFROOHFWLRQV\VWHPDQGWUHDWPHQWZRUNV1RRQVLWH VHZHUDJHIDFLOLWLHVDUHDOORZHGLQKLJKGHQVLW\GHYHORSPHQW 4-24-2024 Page 34 of 69 7KLVSURSHUW\ZDVFUHDWHGE\WKH6WDWHRI7H[DVZKHQ3DUN5RDGZDVHVWDEOLVKHGLQ$SULORI (YLGHQFH6HHDWWDFKHGGHHG 9ROXPH3DJHV 6HFWLRQ F LL GRHVQRWDOORZIRULQGLYLGXDOZDWHUZHOOVDQGLQGLYLGXDOVHSWLFV\VWHPIRUWUDFWVOHVVWKDQDFUHV VHFWLRQ F LLL GRHVQRWDOORZIRUDEXLOGDEOHVSDFHGXHWRWKHVKDSHRIWKHH[LVWLQJWDFW VHFWLRQ D UHTXLUHVORWVRIWKLVWUDFWVL]HWREHVXSSOLHGE\DFHQWUDOZDWHUV\VWHP VHFWLRQUHTXLUHVORWVIRWKLVWUDFWVL]HWREHVXSSOLHGE\DFHQWUDOVHZDJHFROOHFWLRQ 7KHOLWHUDOHQIRUFHPHQWRIWKHVHUHJXODWLRQVZRXOGQRWDOORZWKLVSURSHUW\WREHGHYHORSHGZKHQLWH[LVWHGSULRUWRWKHUXOHV 7KHSURSHUW\LVVXUURXQGHGE\DDFUHWDFWDOVREHLQJFUHDWHLQE\WKH6WDWHRI7H[DVZKHQ3DUN5RDGZDV HVWDEOLVKHG7KLVSURSHUWLVQRWDQHZGLYLVLRQDQGVKRXOGTXDOLI\IRUJUDQGIDWKLQJIURPWKHFXUUHQWUXOHV 7KHVLWHLVSURSRVHGWREHXVHGDVDVLQJOHIDPLO\UHVLGHQWLDOWUDFWDQGWKHSURSRVHGSODWLVSODWWLQJDQH[LVWLQJ FRQGWLRQFUHDWHGE\WKH6WDWHRI7H[DV7KHSURSRVHGSODWLVHVWDEOLVKLQJD IURQW VLGHDQGUHDUVHWEDFN WRZRUNZLWKWKHVSLULWDQGSXUSRVHRIWKHUXOHV Page 35 of 69  REVIEW MEMORANDUM TO: Donnie Boerner Donnie Boerner Surveying Company, LP 228 Holiday Road Comfort, Texas 78013 FROM: Chelsy Houy, PE, CFM chouy@halff.com SUBJECT: Park Road 31 DATE: April 26, 2023 Final Plat Review PC-23-03 Halff Associates, on behalf of the City of Bulverde, has performed a review of the resubmittal package for Park Road 31 Final Plat, dated 04/26/2023. The review was conducted relative to the requirements established in the Subdivision Ordinance of the City of Bulverde and the Bulverde Drainage Design Manual (BDDM). The following items were reviewed, with specific items to be addressed by the applicant before resubmittal. Plat specifications, Ordinance Section 1.05(b)(ii) 1. Setback lines need to be revised to follow Section 2.03(c)(iii) for properties in the ETJ. Variance submitted, pending review by City Council. 2. Add a block number to the proposed lot. Resolved. 3. Add a reference to the vertical control datum of contours. Comment resolved. 4. Include “Subdivision Plat” in the plat title. Comment resolved. 5. Add Planning & Zoning signature block stating: Comment resolved. 6. Revise Planning Director signature block to state: Comment resolved. Page 1 of 2 Page 36 of 69 7. General Survey Notes 9 and 11 should state “Subdivision” in place of “Subdivided.” Comment resolved. 8. Show only the field verified bearing and distance for property line callouts. Comment resolved. 9. Note: Plat application incorrectly states property is in the Recharge Zone. Property is in the Contributing Zone, and is correctly specified on the plat. Comment resolved. Plat Supporting Documents, Ordinance Section 1.04(d)(ii) 1. Provide drainage study showing how development of lot will affect watershed. No comments on drainage study. Comment resolved. 2. Provide TxDOT approval letter. Comment resolved. 3. Variance required for Section 2.03(c)(ii), Section 2.06(a) and Section 2.07 regarding use of well and septic on a lot less than 5.01 acres. Variance submitted, pending review by City Council. 4. Provide Tax Certificates prior to final approval and recordation. Comment resolved. 5. Provide documentation confirming Alex Triff as an authorized agent for ABMF, LLC. Comment resolved. Page 2 of 2 Page 37 of 69  PLANNING & ZONING COMMISSION ITEM: VR-23-12 VARIANCE 936 Park Road 31 MEETING DATE: May 11th, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Grant Fore, Planner II REQUEST: Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.07(c)(i) related to Sewer, of the City of Bulverde Code of Ordinances, on an approximately 0.744-acre tract of land, generally located at 936 Park Road 31. OWNER: ABMF, LLC. APPLICANT: Sterling Martin Boerner Surveying PROPERTY INFORMATION: Address: 936 Park Road 31 Legal Description: A-596 SUR-581 J M SECREST, ACRES 0.744 Owner: ABMF, LLC Existing Land Use: Undeveloped Existing Zoning: ETJ SUMMARY/ANALYSIS: ABMF, LLC. is intending to develop a 0.744 acre tract located on Park 31 outside City Limits in the City of Bulverde ETJ. The tract was recorded by deed in 1982 prior to the City of Bulverde City Limit incorporation and ETJ establishment. The City of Bulverde has subdivision authority for property in the ETJ. The City of Bulverde Code of Ordinances Ch. 10 Section 2.07(c)(i) states: Sewer (c) Page 1 of 3 Page 38 of 69 High Density Development. (i) All high density development shall be served by a central sewage collection system and treatment works. No on-site sewerage facilities are allowed in high density development The proposed lot is considered High Density due to the lot size. It is required that high density subdivision be served by a central sewer system. However, the property owner is proposing this lot be served by an individual on-site septic facility. The applicant has submitted a written statement for this variance request, which is attached to this staff report. The applicant shall present their case to the Planning and Zoning Commission for consideration during the meeting. THE GRANTING OF THIS REQUESTED VARIANCE DOES NOT CONSTITUTE APPROVAL OF ANY OTHER VARIANCES WHICH MAY BE DEPICTED IN THE EXHIBITS ATTACHED TO THIS APPLICATION AND REPORT. ANY AND ALL OTHER VARIANCES FROM THE BULVERDE CODE OF ORDINANCES THAT DO NOT INCLUDE THIS REQUESTED VARIANCE WILL BE REQUESTED IN A SEPARATE APPLICATION AND APPROVAL PROCESS. AUTHORITY OF THE PLANNING & ZONING COMMISSION: Section 1.07 of the City of Bulverde Code of Ordinances states: a) General. (i) Variances to the requirements of this ordinance may be granted by the City Council for nonprocedural items provided the City Council determines that undue hardship will result from strict compliance with the ordinance. A variance may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and substantial justice done. In granting a variance, the City Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. (ii) In making the findings required herein, the City Council shall take into account the nature of the proposed land use, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the City Council makes affirmative findings as to all of the following: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land; 2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; Page 2 of 3 Page 39 of 69  3) That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 4) That granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. ATTACHMENTS : Application Halff memo Page 3 of 3 Page 40 of 69  3& 4UFSMJOH
.BSUJO  
)PMJEBZ
3E TUFSMJOH!CPFSOFSTVSWFZJOHDPN "#.'
--$ 210-528-0180 24910 Shuman Creek, San Antonio, TX, 78255 210-528-0180 
1BSL
3PBE $&5(75$&72)/$1'5(&25'(',1'2&80(17122)),&,$/38%/,&5(&25'6 (7- VHFWLRQ F LL /RWVHUYHGE\DQLQGLYLGXDOZHOODQGLQGLYLGXDOVHSWLFV\VWHPWKHQHDFKORWPXVWEHDWOHDVWDFUHVLQVL]H VHFWLRQ F  LLL %XLOGLQJVHWEDFN/LQHVRQ/RWVLQWKH&LW\¶V(7-)URQW 5HDU WRWDOVLGHVHWEDF DQGPLQLPXPVLGHVHWEDFN VHFWLRQ D ZDWHU$VXIILFLHQWVXSSO\RISRWDEOHZDWHUPXVWEHDVVXUHGWRHYHU\ORWLQWKHVXEGLYLVLRQ VHFWLRQ $OOKLJKGHQVLW\GHYHORSPHQWVKDOOEHVHUYHGE\DFHQWUDOVHZDJHFROOHFWLRQV\VWHPDQGWUHDWPHQWZRUNV1RRQVLWH VHZHUDJHIDFLOLWLHVDUHDOORZHGLQKLJKGHQVLW\GHYHORSPHQW 4-24-2024 Page 41 of 69 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age 42 of 69  REVIEW MEMORANDUM TO: Donnie Boerner Donnie Boerner Surveying Company, LP 228 Holiday Road Comfort, Texas 78013 FROM: Chelsy Houy, PE, CFM chouy@halff.com SUBJECT: Park Road 31 DATE: April 26, 2023 Final Plat Review PC-23-03 Halff Associates, on behalf of the City of Bulverde, has performed a review of the resubmittal package for Park Road 31 Final Plat, dated 04/26/2023. The review was conducted relative to the requirements established in the Subdivision Ordinance of the City of Bulverde and the Bulverde Drainage Design Manual (BDDM). The following items were reviewed, with specific items to be addressed by the applicant before resubmittal. Plat specifications, Ordinance Section 1.05(b)(ii) 1. Setback lines need to be revised to follow Section 2.03(c)(iii) for properties in the ETJ. Variance submitted, pending review by City Council. 2. Add a block number to the proposed lot. Resolved. 3. Add a reference to the vertical control datum of contours. Comment resolved. 4. Include “Subdivision Plat” in the plat title. Comment resolved. 5. Add Planning & Zoning signature block stating: Comment resolved. 6. Revise Planning Director signature block to state: Comment resolved. Page 1 of 2 Page 43 of 69 7. General Survey Notes 9 and 11 should state “Subdivision” in place of “Subdivided.” Comment resolved. 8. Show only the field verified bearing and distance for property line callouts. Comment resolved. 9. Note: Plat application incorrectly states property is in the Recharge Zone. Property is in the Contributing Zone, and is correctly specified on the plat. Comment resolved. Plat Supporting Documents, Ordinance Section 1.04(d)(ii) 1. Provide drainage study showing how development of lot will affect watershed. No comments on drainage study. Comment resolved. 2. Provide TxDOT approval letter. Comment resolved. 3. Variance required for Section 2.03(c)(ii), Section 2.06(a) and Section 2.07 regarding use of well and septic on a lot less than 5.01 acres. Variance submitted, pending review by City Council. 4. Provide Tax Certificates prior to final approval and recordation. Comment resolved. 5. Provide documentation confirming Alex Triff as an authorized agent for ABMF, LLC. Comment resolved. Page 2 of 2 Page 44 of 69  PLANNING AND ZONING COMMISSION ITEM: PC-23-03 FINAL PLAT 936 Park Road 31 MEETING DATE: May 11th, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Grant Fore, Planner II REQUEST: Reconsideration of a Final Plat of Lot 1, Park Road 31, located at 936 Park Road 31. OWNER: ABMF LLC APPLICANT: Donnie Boerner Surveying PROPERTY INFORMATION: Owner: ABMF Legal Description: A-596 SUR-581 J M SECREST, ACRES 0.744 Size: 0.744 acres; 1 lot Existing Land Use: Undeveloped Existing Zoning: ETJ SUMMARY & ANALYSIS: This is a proposed Final Plat of 0.744 acres, establishing 1 lot at 936 Park Road 31. This proposed lot is located outside City Limits and in the City of Bulverde ETJ. No portion of the proposed lot lies within the 100-year floodplain. The lot is proposed to be served by a Private Water Well and an On-Site Septic Facility. STAFF RECOMMENDATION: The application, plat and required documents have been reviewed by Halff Associates and City staff. Per the attached memo, comments related to the plat have been addressed. However, there are four Variance requests for this proposed plat pending consideration. Therefore, Staff recommends DENIAL of this Final Plat. ATTACHMENTS: Application Page 1 of 2 Page 45 of 69 Plat Plat Review Memo Page 2 of 2 Page 46 of 69 Page 47 of 69 Page 48 of 69  REVIEW MEMORANDUM TO: Donnie Boerner Donnie Boerner Surveying Company, LP 228 Holiday Road Comfort, Texas 78013 FROM: Chelsy Houy, PE, CFM chouy@halff.com SUBJECT: Park Road 31 DATE: April 26, 2023 Final Plat Review PC-23-03 Halff Associates, on behalf of the City of Bulverde, has performed a review of the resubmittal package for Park Road 31 Final Plat, dated 04/26/2023. The review was conducted relative to the requirements established in the Subdivision Ordinance of the City of Bulverde and the Bulverde Drainage Design Manual (BDDM). The following items were reviewed, with specific items to be addressed by the applicant before resubmittal. Plat specifications, Ordinance Section 1.05(b)(ii) 1. Setback lines need to be revised to follow Section 2.03(c)(iii) for properties in the ETJ. Variance submitted, pending review by City Council. 2. Add a block number to the proposed lot. Resolved. 3. Add a reference to the vertical control datum of contours. Comment resolved. 4. Include “Subdivision Plat” in the plat title. Comment resolved. 5. Add Planning & Zoning signature block stating: Comment resolved. 6. Revise Planning Director signature block to state: Comment resolved. Page 1 of 2 Page 49 of 69 7. General Survey Notes 9 and 11 should state “Subdivision” in place of “Subdivided.” Comment resolved. 8. Show only the field verified bearing and distance for property line callouts. Comment resolved. 9. Note: Plat application incorrectly states property is in the Recharge Zone. Property is in the Contributing Zone, and is correctly specified on the plat. Comment resolved. Plat Supporting Documents, Ordinance Section 1.04(d)(ii) 1. Provide drainage study showing how development of lot will affect watershed. No comments on drainage study. Comment resolved. 2. Provide TxDOT approval letter. Comment resolved. 3. Variance required for Section 2.03(c)(ii), Section 2.06(a) and Section 2.07 regarding use of well and septic on a lot less than 5.01 acres. Variance submitted, pending review by City Council. 4. Provide Tax Certificates prior to final approval and recordation. Comment resolved. 5. Provide documentation confirming Alex Triff as an authorized agent for ABMF, LLC. Comment resolved. Page 2 of 2 Page 50 of 69  PLANNING AND ZONING COMMISSION ITEM: CA-23-01 CODE AMENDMENT Future Land Use Plan Amendment MEETING DATE: May 11th, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Grant Fore, Planner II REQUEST: (CA-23-01) Hold a public hearing and consider a recommendation on an Ordinance amending the City of Bulverde Comprehensive Plan, “Sunrise 2025”; revising previously established land use designations on the Future Land Use Plan on approximately 5.27 acres generally located on the South side of State Highway 46 approximately 0.35 miles from the intersection of Bulverde Road and State Highway 46. SUMMARY: The City’s Comprehensive Plan, “Sunrise 2025” was adopted in July of 2004. The Comprehensive Plan includes a Future Land Use Plan, which was amended in 2016. The Future Land Use Plan is not a zoning map, but is a regulating document which assigns general land use categories for all land located within the City Limits and the City’s Extraterritorial Jurisdiction (ETJ). The Future Land Use Plan also serves as the guiding document for zone changes requests on previously zoned land, as well as for evaluating initial zoning on land that is annexed into the City Limits. Zoning may not be modified or established on land if not in conformance with the Future Land Use Plan. The Future Land Use plan is not a prediction however, and may need to be updated from time to time due to a variety of factors, including changes in development patterns. ANALYSIS: In this case, the subject property is currently classified as Estate Residential. However, the applicant is requesting a zone change from R-1 Residential to C-1 Commercial. In order for this zone change request to be approved, the Future Land Use plan classification on this property would need to be amended to be Community Commercial. This request is one of three potential actions necessary to allow for the requested rezone to C-1 Commercial. These actions are as follows: 1. Future Land Use Plan Amendment 2. Zone Change Page 51 of 69 It is not the policy of the City for Staff to make recommendations regarding land use. However, Staff does summarize existing conditions and provide technical expertise to assist policy makers in reaching decisions. Therefore in this case, surrounding future land use classifications include Community Commercial directly to the East and West, Estate Residential to the Southeast and Northward across State Highway 46 Heavy Commercial/Light Manufacturing and Community Commercial. Per the Future Land Use Plan, Community Commercial Center development is typically characterized by small, free- standing buildings containing one or more businesses. Unlike larger shopping centers that may attract customers from a wide geographic region, Community Commercial developments primarily provide services for the surrounding neighborhoods and city. Business types may include restaurants, local retail, medical offices, banks, and other retail and personal services. ATTACHMENTS: Exhibit A – Future Land Use Plan Map (Current) with property highlighted Page 52 of 69 CA-23-01 Future Land Use Plan Exhibit Page 53 of 69  PLANNING AND ZONING COMMISSION ITEM: ZC-23-02 ZONE CHANGE MEETING DATE: May 11th, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Grant Fore, Planner II REQUEST: Hold a public hearing and consider a request by Randy Morrow for a change in zoning from R-1 Residential District to C-1 Commercial District, for approximately 5.27 acres of land located on the south side of State Highway 46 approximately 0.35 miles from the intersection of Bulverde Road and State Highway 46. APPLICANT: Randy Morrow PROPERTY INFORMATION: Legal Description: A-622 SUR-411 ½ H THEIS ACRES 5.47 Owner: Randy Morrow Existing Land Use: Undeveloped Existing Zoning: R-1 Residential Proposed Zoning: C-1 Commercial NOTICE: Public Notice: April 25th, 2023 Personal Notice: April 28th, 2023 Staff sent 4 Personal Notices to properties within a 200-foot buffer of the subject property. As of present, Staff received no letters of support or opposition out of those 4 properties that were individually notified. IN SUPPORT: 0 IN OPPOSITION: 0 SUMMARY: The owner/applicant, Randy Morrow, is requesting a Zone Change from a R-1 Residential Zoning District to a C-1 Commercial Zoning District on an approximately 5.47-acre tract of land located on the south side of State Highway 46 approximately 0.35 miles from the intersection of Bulverde Road and State Highway 46. Page 1 of 2 Page 54 of 69 Of additional note, this property was annexed by the City into City Limits and zoned in accordance with the Future Land Use Plan in January of 2018. ANALYSIS: The subject property is currently zoned R-1 Residential District. The owner/applicant is requesting a zone change to C-1 Commercial District. Per Section 14.03.008 of the City of Bulverde Code of Ordinances: The general intent of the C-1 Commercial District is to provide for neighborhood-oriented retail and service uses to satisfy the daily needs of the community. These activities typically generate low levels of vehicular traffic and all operations are conducted inside a building with no outdoor storage. The C-1 district acts as a buffer between residential areas and more intensive C-2 and C-3 Commercial districts. In general, C-1 permits low-intensity retail and service uses, general/administrative/ medical offices, banks/financial institutions, and certain public and institutional uses. As depicted in the attached zoning exhibit, the subject property is bordered by C-1 Commercial to the east and west, R-1 Residential to the Southeast, C-1 Commercial across State Highway 46 to the North and all properties located to the Southwest are outside City Limits with no zoning designation. The Future Land Use Plan of the City of Bulverde identifies the subject property as Estate Residential, which includes: Single-family housing on large lots is the predominant land use. This request is one of two potential actions necessary to allow for the zone change action. These actions are as follows: 1. Future Land Use Plan Amendment 2. Zone Change Attached herein is the applicant’s written statement and supporting documentation which provides more detail of the requested zone change. ATTACHMENTS: A. Application B. Statement of Purpose C. Aerial Map D. Zoning Exhibit E. Future Land Use Plan Exhibit with Property noted F. Copy of public notice Page 2 of 2 Page 55 of 69 Page 56 of 69 Page 57 of 69 Page 58 of 69 Page 59 of 69 Page 60 of 69 Page 61 of 69  ZC-23-02 4/28/2023, 2:15:48 PM 1:4,514 0 0.03 0.07 0.13 mi Major Roads City ETJs City Limit Outline 0 0.05 0.1 0.2 km TxDOT Highways Bulverde ETJ Bulverde 10 Buffer Parcels Streets Page 62 of 69 ArcGIS Web AppBuilder ZC-23-02 Map Exhibit Page 63 of 69 CA-23-01 Future Land Use Plan Exhibit Page 64 of 69  PLANNING & DEVELOPMENT DEPARTMENT 30360 Cougar Bend Bulverde, TX 78163 Office (830) 438-3612 Fax (830) 438-4339 April 28th, 2023 Case #: ZC-23-02 NOTICE OF PUBLIC HEARING FOR ZONE CHANGE APPLICATION: Legal Description: A-506 SUR-411 E RYAN, ACRES 5.27 Current Zoning: R-1 RESIDENTIAL DISTRICT Requested Zoning: C-1 COMMERCIAL DISTRICT Dear Property Owner, The owner of the above-described property has submitted a request to the City of Bulverde for a Zone Change. 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 Zone Change has been requested. 3. Hold a Public Hearing on the request. Accordingly, a public hearing has been scheduled to consider the requested Zone Change to amend the existing R-1 Residential District on an approximately 5.27-acre tract located on the south side of State Highway 46 approximately 0.35 miles from the intersection of Bulverde Road and State Highway 46. This owner-requested Zone Change would amend the existing R-1 Residential District to a C-1 Commercial District. 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 Zone Change 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 Thursday, May 11th at 6:00 p.m. The public City Council hearing on this request will be held on Tuesday, June 13, 2023 at 6:30 pm. 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 Zone Change. 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 Zone Change. If you wish to formally protest this requested Zone Change, 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 65 of 69  If you have any questions, please contact me by phone at 830.380.3048 or by email at gfore@bulverdetx.gov and reference case # ZC-23-02. Respectfully, Grant Fore, Planner II --------------------------------------------------DETACH HERE------------------------------------------------------------------ ZC-23-02; Consider a change in zoning from R-1 Residential District to C-1 Commercial District, for approximately 5.27 acres of land located on the south side of State Highway 46 approximately 0.35 miles from the intersection of Bulverde Road and State Highway 46 I of ____________________________________________ Name Address object / support the proposed Zone Change 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 Fax: 830-438-3612 Page 66 of 69  PLANNING & ZONING COMISSION ITEM CA-23-02 CA-18-06 Chapter 14: Code Amendment Use Table MEETING DATE: May 11th, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Grant Fore, Planner II REQUEST: Discuss and Consider an Ordinance of the City Council of the City of Bulverde, Texas Amending Chapter 14, Zoning, the City of Bulverde Code of Ordinances By Amending the Use Table in Section 14.04.002 to Add Uses allowed by Special Use Permit SUMMARY: This proposed ordinance is brought forward per a recommendation from the City Attorney. In 2021, Ordinance 668 authorized a Code Amendment to delete the columns in the Use Table for PDD and Special Use permits because a PDD is a tailored zone that allows uses at the discretion of City Council and the SUP column because SUPs are addressed in each zoning district. However, there were some uses that only showed up in the SUP column and were allowed in all districts – cemeteries, cell towers, public utility facilities, etc. This amendment resolves this formatting issue. In addition, some uses were discovered to not be permitted in any district, such hospitals, surgical centers, and public buildings – for example, City Hall. The intent behind this ordinance is to allow certain uses by SUP in all zoning districts for the most part. EXHIBIT A Section 14.04.002, Code of Ordinances of the City of Bulverde, Texas is amended as stated below. 1. Aircraft Fuel Sales. The table in Section 14.04.002 is amended to allow Aircraft fuel sales by special use permit in the AV – Aviation District. Accordingly, the row labeled “Aircraft fuel sales” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. 2. Cemetery/mausoleum. The table in Section 14.04.002 is amended to allow cemetery/mausoleum by special use permit in all districts. Accordingly, the row labeled “Cemetery/mausoleum” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. 3. Hospital. The table in Section 14.04.002 is amended to allow Hospital by special use permit in all districts. Accordingly, the row labeled “Hospital” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. Page 67 of 69 4. Parking lot off-site. The table in Section 14.04.002 is amended to allow Parking lot off-site by special use permit in all districts. Accordingly, the row labeled “Parking lot off-site” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. 5. Public buildings/facilities – Municipal, school, district, county, state, federal. The table in Section 14.04.002 is amended to allow Public buildings/facilities – Municipal, school, district, county, state, federal by special use permit in all districts. Accordingly, the row labeled “Public utility/utility district facility” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. 6. Public utility/utility district facility. The table in Section 14.04.002 is amended to allow Public utility/utility district facility by special use permit in all districts. Accordingly, the row labeled “Public utility/utility district facility” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. 7. Radio/television/microwave/cell tower. The table in Section 14.04.002 is amended to allow Radio/television/microwave/cell tower by special use permit in all districts. Accordingly, the row labeled “Radio/television/microwave/cell tower” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. 8. Resort. The table in Section 14.04.002 is amended to allow Resort by special use permit in all districts. Accordingly, the row labeled “Resort” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. 9. Surgical center. The table in Section 14.04.002 is amended to allow Surgical center by special use permit in all districts. Accordingly, the row labeled “Surgical center” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. 10. Theater/stage/live performance venue – Outside (6). The table in Section 14.04.002 is amended to allow Theater/stage/live performance venue – Outside (6) by special use permit all districts. Accordingly, the row labeled “Theater/stage/live performance venue – Outside (6)” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. 11. Wind energy system. The table in Section 14.04.002 is amended to allow Wind energy system by special use permit in all districts. Accordingly, the row labeled “Wind energy system” in the table below Section 14.04.002 is amended to read as shown in Attachment 1. Page 68 of 69  ATTACHMENT 1 AG R-1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 I-1 AV Aircraft fuel sales S Cemetery/mausoleum S S S S S S S S S S S Hospital S S S S S S S S S S S Parking lot, off-site S S S S S S S S S S S Public buildings/facilities – Municipal, school, district, S S S S S S S S S S S county, state, federal. Public utility/utility district S S S S S S S S S S S facility Radio/television/microwave/ cell S S S S S S S S S S S tower Resort S S S S S S S S S S S Surgical Center S S S S S S S S S S S Theater/stage/live performance S S S S S S S S S S S venue – Outside (6) Wind energy system S S S S S S S S S S S Page 69 of 69