A dead-end road “leading to nowhere” on the most recent plat for a large development on the east side of Boerne left residents up in arms over what appeared to tee up a future rural land grab.
The Boerne Planning and Zoning Commission sided with residents during its regular meeting Monday evening, expressing concern about a change to the Ranches at Creekside master plan for a road connecting Herff Ranch Boulevard to Woodland Ranch Road. However, the planners defeatedly approved the host of final plats for the development, citing state legislation that left their hands tied.
“I want everyone to know we have struggled before on numerous occasions of the commission with these final plat conditions and we’re handcuffed by state law,” Planner Tim Bannwolf said.
“Each time the commission is looking for a way out, and each time we’re told under state law we have very little discretion. You heard that again this evening. For those of you who follow the election of state legislators – representatives and senators – closely, next time you have a chance and you’re in a forum where your state rep or a state senator is, I’d ask them about this law and this 30-day shot clock they’ve imposed on municipalities.”
Planner Patrick Cohoon and the city attorney conferred on the platting matter, and, essentially, determined the planners could do little as the old city ordinances were met. The planners nearly opted to abstain from a vote altogether as a statement of principle which would have left the final plat approved automatically by a measure of state law.
Sec. 212.009 of the Texas local Government Code, which was voted in and codified in 2019, put in a 30-day window for local municipalities to approve, approve with conditions or disapprove a plat within 30 days of a developer’s application, strongarming many officials into approval. Further, because the Ranches at Creekside submitted its master plan and began the development process several years ago, state law allows it to adhere to the Boerne codes in place when the development began rather than adhering to the new Unified Development Code adopted last year.
When it became clear an automated passing would lessen the city’s hand in the development moving forward even further, the commissioners reluctantly recommended approval of the final plat 5-1.
Several grievances were identified by roughly a dozen residents around the development, but the biggest concerns were stormwater runoff and the threat of eminent domain. An expansion of Herff Ranch Boulevard in the already built portions of the neighborhood had moved from its original route in the development master plan to dead end at several rural property lines where deed restrictions and heritage lots have little chance of development, evading the developer’s own land.
“This boulevard is dead-ending into their (parents) property,” One resident of Fair Oaks Ranch said, speaking on behalf of his parents’ home on Woodland Ranch Road. “Apparently, it’s a road to nowhere, but that’s insulting to anyone’s intelligence because they only way for it to continue is through their property.”
While he noted his parents don’t live in Boerne, he said they live in Kendall County, pointing out that the planners are appointed by elected officials who his parents and their neighbors can’t cast a ballot for or against. Yet, he said these officials are making decisions that impact his parents and their community.
In the end, the commissioners approved the final plats but did express concern about the placement of the dead-end road nearing the southeast portion of the development, expressing adamant interest in the road remaining within the developer’s property in its attempt to connect Herff Ranch Boulevard and Woodland Ranch Road to allow a neighborhood connection to Ammann Road.
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