Several residents spoke before the Kendall County commissioners during their meeting last week, pressing for the denial of the Lily Ranch development’s 80-acre second phase variances. In the end, commissioners approved the variances but they made it clear this wasn’t a development they were fond of and that this was just an initial step in a longer and more detailed process.
This was the second time in December the commissioners heard the request for the variances to allow the second phase of the Lily Ranch development as the agenda item died earlier last month when County Judge Darrel Lux’s motion to approve failed to receive a second from any commissioner.
Several similar concerns from residents were presented, including water-quality impacts, stormwater drainage, density and more, but the commissioners were clear these were not issues county officials control once a development identifies a water source other than wells in the Cow Creek Groundwater Conservation District. With the threat of lawsuits always looming, the commissioners essentially had their hands tied and approved the variances.
However, this isn’t the last time the commissioners will have a chance to decide on the matter. The variance request is the first step the Lily Ranch developers will have to adhere to in platting the second phase of the 120- acre development. Once the variances were approved, the developers will need to provide a preliminary plat accompanied with a traffic impact analysis and stormwater management plans.
Additionally, the developers will need to provide agreements with both the San Antonio Water System and the city of San Antonio during the platting process because the development expressed intent to use San Antonio water and sewage services. While this is the reason the county has no power to limit density or mitigate several development concerns, Precinct 2 Commissioner Richard Elkins said the regulations tied these agreements are stringent and more restrictive than even other local municipalities.
Elkins said the county will have the ability to review those agreements and check that the developers’ plans meet the regulations from San Antonio and SAWS, granting them a bit more oversight in the process. Should they fail to meet any part of those requirements or regulations or fail to obtain an agreement with the appropriate entities for water and sewage by the final plat revision, the county then would have the power to halt development. For now, there simply are no grounds for the commissioners to stop the development commissioners deemed undesirable.
The variances requested by the Lily Ranch developers cut nearly all the county’s regulations for setbacks in half if not more, stating the “developer seeks only to enjoy the substantial property rights afforded t it under Texas law” because the county lacks legal authority to regulate density, lot size, rear setbacks or side setbacks beyond 25 feet from the edge of right of way on public roads. No “public” roads will run through the development.
The variances sought and granted include reducing minimum lot frontages from 100 feet to 50 feet, reducing minimum front setbacks from 50 feet to 25 feet, reducing minimum rear setbacks from 50 feet to 20 feet and minimum side setbacks from 10 feet to 5 feet. Additionally, the variances sought and approved for the first 40-acre phase of development included relief from the maximum density of one home per three acres.
While the development has been marketed as having .65-acre lot density, reviewing the preliminary plat for the first phase of development shows lots ranging from .18 acres to about .3 to .35 acres, with rows of homes set 10 feet from each other without fences in between.
While several Kendall County residents attending the commissioners meeting by Zoom or in person referenced county development regulations and urged the commissioners to stop granting variances, Kendall County Development Engineer Mary Ellen Schulle clarified that several of those sections no longer apply to the development once developers said they were seeking central water and sewer.
Precinct 1 Commissioner Christina Bergmann said while this development is unpopular among the public, the commissioners and even herself, the commissioners and county had no legal ability to deny the request. She clarified that even though they don’t like what’s being requested, they have an obligation to follow the law that was presented to them based on the rules and regulations.
This development is just one of many that are hitting the Hill Country will smaller and smaller lot sizes, sparking public outcry. Elkins, along with State Rep. Kyle Biedermann, R-73, worked to draft legislation that would allow counties more control over lot density to protect valuable local resources, like water, but it failed after heavy lobbying from developers. Additionally, State Senator Donna Campbell, R-25, said during a campaign stop with Biedermann in Boerne that she couldn’t support any bill that granted county commissioners more power, insinuating that giving an inch means a mile is asked for later.
Elkins’ efforts to procure a bill granting counties more development control has not ceased, as he and Precinct 4 Commissioner Don Durden have been working with the Cow Creek Groundwater Conservation District to help develop countywide studies and data that could help support future legislation efforts.
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