City of Boerne, TX
File #: 2015-193    Version: 1 Name:
Type: Ordinance Status: Consent Agenda
File created: 9/15/2015 In control: City Council
On agenda: 9/22/2015 Final action:
Title: Consider on Second Reading Ordinance No. 2015-25; An ordinance amending the City of Boerne Zoning Ordinance No. 2007-64, captioned, “Zoning Ordinance of The City of Boerne, Texas”, dated December 18, 2007, by amending Article 3, Section 14, rezoning 5.378 acres located at 48 and 48A Old San Antonio Road (KAD 39194 AND 39193), from R-E, Single Family Residential Estate District to B-2, Highway Commercial District; Repealing all ordinances in conflict; Containing a severance clause; and declaring an effective date. (Roy Faz)
Sponsors: Chris Turk
Attachments: 1. Att 1 - 48, 48A Old SA Rd loc, 2. Att 2 - 48, 48A Old SA aerial, 3. Att 3 - proposedzoning, 4. Att 4 - Land use, 5. Att 5 - minutes, 6. Att 6 - Memos, 7. Ordinance No. 2015-25

Title

 

Consider on Second Reading Ordinance No. 2015-25; An ordinance amending the City of Boerne Zoning Ordinance No. 2007-64, captioned, “Zoning Ordinance of The City of Boerne, Texas”, dated December 18, 2007, by amending Article 3, Section 14, rezoning 5.378 acres located at 48 and 48A Old San Antonio Road (KAD 39194 AND 39193), from R-E, Single Family Residential Estate District to B-2, Highway Commercial District; Repealing all ordinances in conflict; Containing a severance clause; and declaring an effective date. (Roy Faz)

 

Recommendation

RECOMMENDED VERBIAGE FOR CITY COUNCIL ACTION:

Approve or Deny Second Reading Ordinance No. 2015-25; An ordinance amending the City of Boerne Zoning Ordinance No. 2007-64, captioned, “Zoning Ordinance of The City of Boerne, Texas”, dated December 18, 2007, by amending Article 3, Section 14, rezoning 5.378 acres located at 48 and 48A Old San Antonio Road (KAD 39194 AND 39193), from R-E, Single Family Residential Estate District to B-2, Highway Commercial District; Repealing all ordinances in conflict; Containing a severance clause; and declaring an effective date. (Roy Faz)

Body

STAFF RECOMMENDATION:

Staff recommends that City Council pass on second reading Ordinance No. 2015-25. 

DISTRICT:

5 = Bergmann

DEPARTMENT:

Planning and Community Development

CONTACT PERSON:

Chris Turk

SUMMARY

Background:  Last year the two tracts of land at 48 and 48A Old San Antonio Road (attachment 1 and 2) were under consideration for rezoning to allow apartments.  The rezoning was denied.  Mr. Faz who lives adjacent to lots 48 and 48A (attachment 3) purchased Lots 48 and 48A.

 

In our discussions with Mr. Faz he has indicated that he wishes to continue to rent space to the owners of the mobile homes.  He also plans on leasing the existing mobile home spaces to new applicants as they become available.  Mr. Faz has stated that he will not add mobile home spaces to the site, but he would like to have a “boutique RV park” in addition to the mobile homes.  He has stated that if required, he could limit the new park to 15 RV spaces, which would be in addition to the existing mobile home spaces.

 

Our ordinance does not use the term “RV” park but does have a definition for a trailer court which by today’s standards is the equivalent of an RV park.  For example, Alamo Fiesta RV Resort would also be categorized as a trailer court. 

 

Request:

Staff spoke at length with Mr. Faz to determine what his best options were to accomplish his goals.  The mobile home area is a non-conforming use that was in existence when we annexed the property and as mentioned above, it can remain but it cannot be expanded on. 

 

The boutique RV park is classified as a trailer court.  A trailer court may go in an R-A, B-2R or B-2 District with City Council approval.  The Land Use Plan (attachment 4) identifies this area as a commercial area and therefore staff is supportive of the rezoning to B-2 rather than the rural district.  The B-2 District zoning will allow us to apply the Entrance Corridor standards to the property which would provide a street front buffer of landscaping when the property is developed.   Mr. Faz submitted his request to have the property rezoned B-2.

 

Planning and Zoning Commission Meeting: 

We have attached the draft minutes (attachment 5) of the Planning and Zoning Commission meeting for your review.  Mr. Faz spoke in general of his plans in incorporate a boutique RV park along with the existing mobile homes.  After discussion over which zoning district would be preferable, the Commissioners made a motion to recommend to City Council that the property be rezoned to a B-2 by a vote of 7-1. 

 

We did receive one phone call from an adjoining property owner who was not in favor of the rezoning because the proposed use would be in conflict with the use on their property.

 

Subsequent citizen comments:

Mr. John La Roche spoke in favor of the rezoning and we received several memos in support of the rezoning from the mobile home owners (attachment 6).

 

COST

 

SOURCE OF FUNDS:

 

ADDITIONAL INFORMATION:

 

POWER POINT

 

This summary is not meant to be all inclusive.  Supporting documentation is attached.