Planning & Zoning Commission Agendas & Meeting Information

Planning & Zoning Commission Meeting Agenda July 13, 2023 6:00 PM 30360 Cougar Bend, Bulverde TX 78163 1. CALL MEETING TO ORDER 2. REGULAR AGENDA ITEMS 2.A. Consider a request by Marina and David Kincaid to vacate existing lot line between Lots 39 and 40 to combine lots and establish Lot 40A in Belle Oaks Ranch Phase V. 2.B. 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 North, Unit 3 Subdivision, located at 5043 Hawk Eye Drive. 2.C. Consider a Replat for the Preserve at Singing Hills, Lot 48. Block 1,Unit 3. 2.D. 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. 2.E. 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. EXECUTIVE SESSION 4. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS 5. ADJOURNMENT Page 1 of 43 ________________________ Suzanne Williams Director of Planning 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 July 10, 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 43  PLANNING AND ZONING COMMISSION VACATE AND REPLAT Belle Oaks Ranch Phase V MEETING DATE: July 13, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Suzanne Williams, Director of Planning REQUEST: Consider a request by Marina and David Kincaid to vacate existing lot line between Lots 39 and 40 to combine lots and establish Lot 40A in Belle Oaks Ranch Phase V. OWNER: Marina and David Kincaid APPLICANT: Marina and David Kincaid SUMMARY: The applicants, Marina and David Kincaid, intend to vacate the existing lot line between their two owned lots (Lot 39 and Lot 40) in order to combine the two lots and establish one lot (Lot 40A). The number of lots is not increasing and impervious cover is not increasing. RECOMMENDATION: City staff reviewed the application and site plans and recommend the vacate and replat of Belle Oaks Ranch Phase V. ATTACHMENTS: A. Application B. Site Plans Page 3 of 43 Page 4 of 43 Page 5 of 43 Page 6 of 43 Page 7 of 43 Page 8 of 43 Page 9 of 43  PLANNING AND ZONING COMMISSION ITEM: SUP-23-03 SPECIAL USE PERMIT 5043 Hawk Eye Drive Bulverde, TX 78163 MEETING DATE: July 13, 2023 DEPARTMENT: Planning PRESENTED BY: Suzanne Williams, Director Planning REQUEST: 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 North, Unit 3 Subdivision, located at 5043 Hawk Eye Drive. OWNER/APPLICANT: John and Andra Lang 5043 Hawk Eye Drive Bulverde, TX 78163 PROPERTY INFORMATION: Address: 5043 Hawk Eye Drive Legal Description: Lot 492, Oak Village N Unit 3 Owner: John and Andra Lang 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: March 22nd, 2023 Personal Notice: March 31st, 2023 Staff sent 11 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 11 properties that were individually notified. IN SUPPORT: 0 IN OPPOSITION: 0 Page 1 of 3 Page 10 of 43 SUMMARY: John and Andra Lang reside at Lot 492, Oak Village N Unit 3 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: 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 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..” Page 2 of 3 Page 11 of 43 ATTACHMENTS: A. Application B. Statement C. Site Plan D. Aerial Map E. Copy of Notice F. HOA approval letter Page 3 of 3 Page 12 of 43 Page 13 of 43 Page 14 of 43 Page 15 of 43 Page 16 of 43  APPLICATION FOR PLAN REVIEW SUBMIT TO OVNPOA ARCHITECTURAL CONTROL COMMITTEE Name of Property Owner: ^ Structure Type: Plan Number: fs\ it3 Lot # Building Size: Property Address: - (Living Sq. Feet) % of Masonry: I Owner Phone #: A^ i V "H *4 Masonry Type: Owner Email: £ c^yY\M 1. 6d tV\ Est. Start Date: i Ao<1^'='33 Builder's Name: T^c>b>"gT^l b<^/v^C>oB Est. End Date: / n\d v' Builder's Address: I\-to<1 HC:? v/ Approval Check #: iif Deposit Check # : g^ 1g Date Received: Builder's Phone #: Plans are reviewed as received each month and are subject to permit from Builder's Fax #: the City of Bulverde. Application for plan review and new owner information profile must be completed and submitted with new home plans and specifications. New owner information not required if existing owner only making additions to property. Builder must submit two complete sets of plans and specifications for review. The plans must include a plot layout, floor plan and four exterior elevations. Incomplete documentation submitted to the Architectural Control Committee will not be reviewed. The builder may not commence work prior to receiving approval from the Architectural Control Committee. (FOR OVN ARCHITECTURAL COMMITTEE USE ONLY) Date Submitted: A/Z }/a1_ OVN ArchitecturaTCommittee Member Date Approved: — OVN Architectural'^mmittee Member Date Rejected: OVN Architectural Committee Member JUNE 2018 Page 17 of 43  OAK VILLAGE NORTH PROPERTY IMPROVEMENTS AND/OR HOME ADDITIONS REQUIREMENTS Cont NOTICE NOTICE NOTICE ALL SIGNS AND PERMITS MUST BE VISIBLY POSTED 0^ THE PROPERTY PRIOR TO THE START OF CONSTRUCTION. IF THE SIGNS ARE NOT 1^ PLACE WHEN CONSTRUCTION HAS BEGUN,YOU WILL BE SUBJECTED TO A $50 A DAY FINE PAYABLE TO OVNPOA. If builder/owner should make any changes to the exterior or size of the residence after approval has been received from the architectural control committee, the builder/owner must get approval from the architectural control committee before proceeding with the changes. Builder will keep the project site free of construction debris and trash each day on^rp^recttte accumulate, or be stored In^^Snot'irespa'i'oTut"^^^^ materials. ^^'"9 constructed r°ads, disposal area or storage of Signs must be removed upon project completion. I, —r7~, -p I have complied fhp i and/or K, owner information profile for throVNPOA Architect requirements and new and correct information. I havrread In h Committee with true requirements, and deed restrictions ®9ree to abide by all rules building requirements, and deed restrict application for plan review the understand if, fai, ,o comr^y with t^esfrrs® ^orth SubdSn I removed from the approved bu,Le,s ,1, ' and restrictions, Twin be o- \r^/r^yTl ' ^ Title; Signature; J/( ~ Date; Dec. 2011 Page 19 of 43  SUP-23-03 4/3/2023, 9:34:25 AM 1:1,128 0 0.01 0.01 0.03 mi Permits Floodplain Streets 0 0.01 0.03 0.05 km Septic Parcels Addresses ArcGIS Web AppBuilder Page 20 of 43  PLANNING & DEVELOPMENT DEPARTMENT 30360 Cougar Bend Bulverde, TX 78163 Office (830) 438-3612 Fax (830) 438-4339 April 3rd, 2023 Case #: SUP-23-03 NOTICE OF PUBLIC HEARING FOR SPECIAL USE PERMIT APPLICATION: Subject Property: 5043 Hawk Eye Drive Bulverde, TX 78163 Legal Description: Oak Village N 3, Lot 492 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 located at 5043 Hawk Eye Drive. 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 Thursday, April 13th at 6:00PM. The public City Council hearing on this request will be held on Tuesday, May 9th, 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 21 of 43  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-23-03; SUP request for a Guest House, Oak Village N 3, Lot 492 located: 5043 Hawk Eye 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 22 of 43  PLANNING AND ZONING COMMISSION ITEM: Replat PRESERVE AT SINGING HILLS, UNIT 3 MEETING DATE: July 13, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Suzanne Williams, Director of Planning REQUEST: Consideration of a Replat for the Preserve at Singing Hills, Lot 48. Block 1,Unit 3 APPLICANT: SH Preserve, Ltd. Attn: Todd Gold 8023 Vantage Drive Ste. 1200 San Antonio, Texas 78230 PROPERTY INFORMATION: Owner: SH-REOC, LLC Legal Description: N/A Size: .178 acres Existing Zoning: Extraterritorial Jurisdiction (ETJ) SUMMARY: This is a proposed replat for Unit 3, Lot 48, Block 1 of the Preserve at Singing Hills, which is part of the overall Singing Hills Development, for which a Master Development Plan (MDP) was approved in 2011. SUGGESTED CONDITIONS: Attached is the Engineering Review of this application. Staff respectfully requests the following conditions are added if this request is granted. 1. Change the lot number to reflect this lot is a replat 2. Provide the bearing and distance dimension from a corner of the subdivision to the corner of the original tract or survey 3. Provide a minimum of two corners of the subdivision referenced to State Plan Grid Coordinates 4. Provide the adjoining property ownership information to the proposed plat 5. Revise the application to indicate the property is in the Edwards Aquifer Contributing Zone Page 1 of 2 Page 23 of 43 ATTACHMENTS: A. Application B. Engineering Review Memo C. Replat Drawing D. Address Plat Page 2 of 2 Page 24 of 43  REVIEW MEMORANDUM 9601 McAllister Fwy., Suite 1008 + San Antonio, Texas 78216 + 210-298-3800 + FAX 817-735-7491 www.freese.com TO: Suzanne Williams, City of Bulverde CC: Bregger Garrison, PE George Fowler, PE Melissa Byler, PE FROM: Caroline Stewart SUBJECT: Replat of The Preserve at Singing Hills, Unit 3 DATE: 6/29/2023 We have reviewed the Application for Replat of Unit 3 – Lot 48, Block 1 at The Preserve at Singing Hills and offer the following comments: General Comments • Item 4 of the Application indicates that this property is in the Edwards Aquifer Recharge Zone. However, it is located in the Edwards Aquifer Contributing Zone. Please revise the Application to make this correction. Planning Comments • Change the lot number to reflect this lot is being replatted (an example being Lot 48R). • Provide the bearing and distance dimension from a corner of the subdivision to a corner of the original tract or survey. • Provide a minimum of two corners of the subdivision referenced to State Plane Grid Coordinates. • Provide the adjoining property ownership information (owner name, acreage, deed record information) to the proposed plat. Please provide written responses to the above comments. The submittal should be revised to address these comments and resubmitted for approval by the City. If there are any questions or further explanation is required regarding a specific review comment, please do not hesitate to contact us. Sincerely, Caroline Stewart Consulting Planner Freese and Nichols, Inc. Page 25 of 43  FLYING R RANCH RD BULVERDE BULVERDE ETJ STEALTH DR. CITY OF CEDAR HILL FL IG VIEW RIDGE DR HT LIN RAMJET CITY OF BULVERDE E D KESTREL RAINBOW DR R. DR DR BULVERDE ETJ WENTWORTH BULVERDE ETJ GREY RIVER WAY CITY OF BULVERDE MIST WINDMILL STIRRUP CITY O DR MOUNT JOY BULVE F RDE RANCH RD CREE KS DR BULVERDE ETJ PARKIDE CITY OF BULVERDE S.H. 46 LO O ST Engineers BERRY 0.18 MILES CREEK DR. DE ETJ BULVER BULVERDE ETJ Surveyors US HW AKS DR BULVERDE Planners STAHL LN OLD BOERNE Y. 28 LR RD 1 MA CITY CO OF UN Moy Tarin Ramirez Engineers, LLC TBPELS: ENGINEERING F-5297/SURVEYING: F-10131500 12770 CIMARRON PATH, SUITE 100 TEL: (210) 698-5051 SAN ANTONIO, TEXAS 78249 FAX: (210) 698-5085 DATE OF PREPARATION: JUNE 1 2023 ℄ 48 R:\REOC - Singing Hills (46 @ 281)\2011 Singing Hills\Residential\Unit 3\Drawings\18083_00Plat U3 Replat.dwg 2023/06/01 12:37pm maguilera Page 26 of 43  FLYING R RANCH RD BULVERDE BULVERDE ETJ STEALTH DR. CITY OF CEDAR HILL FL IG VIEW RIDGE DR HT LIN RAMJET CITY OF BULVERDE E D KESTREL RAINBOW DR R. DR DR BULVERDE ETJ WENTWORTH BULVERDE ETJ GREY RIVER WAY CITY OF BULVERDE MIST WINDMILL STIRRUP CITY DR MOUNT JOY BULVEOF RANCH RD CREE DR BULVERDE ETJ RDE KS PARKIDE CITY OF BULVERDE S.H. 46 LO BERRY 0.18 MILES ST CREEK DR. DE ETJ BULVER BULVERDE ETJ US HW R OAKS D BULVERDE STAHL LN OLD BOERNE Y. 28 CO M RD 1 CITY AL OF N RU 53 38 386 390 502 506 510 514 518 1 1 522 82 3 360 526 53 5 377 53 0 374 373 356 53 359 4 2 369 5 35 35 366 1 34 35 365 8 35 34 8 7 36 1 35 4 35 7 35 0 35 3 34 6 34 9 34 2 33 9 8 32 33 0 33 4 325 326 0 33 321 32 5 326 322 317 322 318 321 313 318 R:\REOC - Singing Hills (46 @ 281)\2011 Singing Hills\Residential\Unit 3\Drawings\18083_Address Plat U3.dwg 2023/03/23 4:00pm dmccroskey 314 317 309 314 310 313 305 310 309 306 Engineers Surveyors Planners Moy Tarin Ramirez Engineers, LLC Page 27 of 43  ORDINANCE NO.______________________ AN ORDINANCE OF THE CITY OF BULVERDE, TEXAS AMENDING LAND USE DESIGNATIONS ON THE FUTURE LAND USE PLAN FOR APPROXIMATELY 5.27 ACRES LOCATED ON THE SOUTH SIDE OF STATE HIGHWAY 46 APPROXIMATELY 0.35 MILES EAST OF THE INTERSECTION OF BULVERDE ROAD AND STATE HIGHWAY 46 CHANGING FROM ESTATE RESIDENTIAL TO COMMUNITY COMMERCIAL; INCORPORATING LAND USE PLAN AS SO REVISED IN TO THE CITY OF BULVERDE COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property located on the south side of State Highway 46 approximately .35 miles east of the intersection of Bulverde Road and State Highway 46, shown in the Attached Exhibit A as that property assigned Appraisal District Property ID: 141156 in the attached Exhibit “A” (the “Property”) is currently designated as Estate Residential on the current Future Land Use Plan (the “Land Use Plan”) incorporated into the City of Bulverde Comprehensive Plan (the “Comprehensive Plan”); WHEREAS, the owner of the Property has requested to change the zoning classification of the Property from R-1 Residential to C-1 Commercial; WHEREAS, a C-1 Commercial zoning classification is inconsistent with Estate Residential uses in the Comprehensive Plan but is consistent with Community Commercial uses and requires an amendment to the Land Use Plan and Comprehensive Plan; WHEREAS, pursuant to Texas Local Government Code § 211.004, any change to a zoning classification must be adopted in accordance with the Comprehensive Plan; WHEREAS, the City’s Comprehensive Plan may be amended by ordinance following review by the City’s planning department pursuant to Texas Local Government Code § 213.003; WHEREAS, the Planning Department of the City of Bulverde, Texas has reviewed the necessary amendment to the Land Use Plan to change the designation of the Property from its current designation to Community Commercial (the “Amendment”); WHEREAS, following a public hearing conducted by the at which the public was given the opportunity to give testimony and present written evidence, the City Council of the City of Bulverde, Texas has determined that amending the Land Use Plan to change the designation of the Property from its current designation to Heavy Commercial would promote sound development of the City and promote public, health, safety and welfare; 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; that the City of Bulverde, Texas has complied with all notices and public hearings as required by law, including the requirements set forth in §213.003, Texas Local Government Code; 1 Page 28 of 43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BULVERDE, TEXAS THAT: 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. Comprehensive Plan Amendment. The Comprehensive Plan is hereby amended to change the land use designation of the Property in the Land Use Plan from Estate Residential to Community Commercial. 3. Amendment of Land Use Plan Map. The City Manager is hereby directed to cause the Land Use Plan Map to be amended to establish the land use designation for the Property in conformance with this Ordinance. 4. 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 conflict or inconsistency, and the provisions of this Ordinance shall be and remain controlling as to the matter regulated herein. 5. Severability. Should any section, subsection, sentence, provision, clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause, or phrase of this ordinance and same are deemed severable for this purpose. 6. Effective Date. This Ordinance shall be effective as of the date of adoption. PASSED, APPROVED AND ADOPTED THIS ______DAY OF ____________, 20___. APPROVED: ________________________ Bill Krawietz, Mayor ATTEST: _________________________ Charles West, City Manager/City Secretary 2 Page 29 of 43  CA-23-01 Future Land Use Plan Exhibit Property EXHIBIT A Page 53 30 of 69 1 of 2 43 EXHIBIT A Page 58 31 of 69 2 of 2 43  PLANNING AND ZONING COMMISSION ITEM: ZC-23-02 ZONE CHANGE MEETING DATE: July 13, 2023 DEPARTMENT: Planning PRESENTED BY: Suzanne Williams, Director of Planning 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: Staff originally sent four (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. Staff subsequently sent 15 Personal Notices to properties within a 500-foot buffer of the subject property and has not received any letters of support or in opposition. IN SUPPORT: 0 IN OPPOSITION: 0 Page 1 of 2 Page 32 of 43 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. 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 ATTACHMENTS: A. Application B. Statement of Purpose C. Zoning Exhibit D. Aerial Map E. Copy of public notice Page 2 of 2 Page 33 of 43 Page 34 of 43 Page 35 of 43 Page 36 of 43 Page 37 of 43 Page 38 of 43 Page 39 of 43 Page 40 of 43  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 41 of 43  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 42 of 43  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 ArcGIS Web AppBuilder Page 43 of 43