Title
RECEIVE THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION, HOLD A PUBLIC HEARING AND CONSIDER ON FIRST READING ORDINANCE NO. 2026-17; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, GRANTING A SPECIAL USE PERMIT (SUP) TO ALLOW AUTOMOBILE SALES WITH ACCESSORY AUTOMOBILE SERVICE IN THE C3 COMMUNITY COMMERCIAL ZONING DISTRICT, CONTINGENT UPON APPROVAL OF THE CONCURRENT REZONING, ON PROPERTY GENERALLY LOCATED ALONG THE 31300-31400 BLOCK OF IH-10 (KAD NO.'S 12178, 12207, 12183, AND 12182); REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Recommendation
RECOMMENDED VERBIAGE FOR CITY COUNCIL ACTION:
Approve Or Deny Ordinance No. 2026-17; An Ordinance Amending The Official Zoning Map Of The City Of Boerne Unified Development Code, By Amending Chapter 3. Zoning, Section 3.2, Zoning Map, Granting A Special Use Permit (SUP) To Allow Automobile Sales With Accessory Automobile Service In The C3 Community Commercial Zoning District, Contingent Upon Approval Of The Concurrent Rezoning, On Property Generally Located Along The 31300-31400 Block Of IH-10 (KAD No.’s 12178, 12207, 12183, And 12182); Repealing All Ordinances In Conflict; Containing A Severance Clause; And Declaring An Effective Date.
1. Development shall be substantially consistent with the approved Project Narrative and Site Plan (Attachment 5) date stamped September 4, 2026, except as modified by these conditions of approval or approved administratively by the Planning Director.
2. The development shall include rainwater harvesting and HVAC condensate capture, connected to and integrated with the site's permanent landscape irrigation system, and in compliance with UDC Section 8-6 Rainwater Harvesting. Minor modifications to the system's location, size, or configuration may be approved administratively by the Planning Director, provided the water conservation intent is maintained.
3. All existing signage, including the pole sign, shall be removed prior to issuance of a Site Development Permit.
4. The applicant shall construct all roadway and access improvements required by the approved TIA, including a right-turn lane, modifications to driveway configuration and spacing, and any improvements required by the City of Boerne and/or TxDOT prior to issuance of a Certificate of Occupancy, unless otherwise approved by the City.
5. The applicant shall coordinate with City staff to meet the minimum tree planting requirements per the UDC. This includes selecting native, overstory tree species and providing irrigation. Final placement and species selection shall be approved by the Planning Director.
6. Final photometric/lighting plans and tree preservation/mitigation plans shall comply with the City's dark sky lighting requirements and Unified Development Code, respectively, and be approved during site development review, prior to issuance of a Site Development Permit.
7. The gross floor area devoted to automobile repair and service shall not exceed the gross floor area devoted to automobile sales, showroom, customer service, and associated retail functions. Outdoor vehicle display, inventory storage, parking, and other unenclosed areas shall not be included in the calculation of the gross floor area devoted to automobile sales.
8. Any substantial modification to the approved site layout, building footprint, access configuration, or other material aspect of the approved development shall require review and approval in accordance with the Unified Development Code and may require an amendment to this Special Use Permit, as determined by the Planning Director.
9. Approval of the Special Use Permit does not authorize construction. Separate approval of annexation, rezoning, platting, infrastructure, site development, demolition, and building permits shall be required prior to development.
10. In accordance with UDC Sec. 2-5.D.8.a.iii, the Special Use Permit shall expire within two years from the date of approval if no physical improvements have commenced and a certificate of occupancy is not issued.
Body