P&Z denies high-density zoning change for subdivision
A planned 200-plus home development received a thumbs down Monday from the Boerne Planning and Zoning Commission, which denied a homebuilder’s request for a zoning change to allow for higher density construction.
The commission’s 6-0 vote Monday denied D.R. Horton’s request for rezoning of The Birch at Spencer Ranch property — off Highway 46, a half-mile west of Interstate 10 — to R2-M, moderate density residential, which allows for properties at a minimum of 4,000 square feet.
Kevin DeAnda of Ortiz McKnight, PLLC, representing Forestar Real Estate Group, the property owners, told the commission the project would be built in three phases. The first phase, with 59 homes varying in lot sizes from 5,000 to 14,000 square feet, has already been “energized” with utility services and water and sewer lines in place.
The entire 71.12-acre parcel was annexed into the city this past summer. Previously, a Development Agreement was approved by City Council in June 2021, which allowed for the approval of subdivision plats prior to annexation and zoning.
By law, a city cannot regulate density in property in its extraterritorial jurisdiction (ETJ), according to Tim Bannwolf, P&Z chair.
“Now, we have these parcels coming into the city, where we can impose density restrictions under our zoning laws,” Bannwolf said.
If the Spencer Ranch property is zoned R2-M, all 201 of the lots would conform to a R2-M zoning district. The city’s R2-N — neighborhood density residential — classification requires a minimum lot size of 5,400 square feet.
Under an R2-N zoning classification, only 145 of the Spencer Ranch lots would conform to zoning restrictions.
After about 75 minutes of discussion, Bannwolf asked for a motion from his colleagues, but first shared his thoughts with the developers seated in the audience.
“Like my colleagues, I’ve got real concerns about density. I think this is too dense for this location,” Bannwolf said. “I think you’ve heard from this commission that they are reluctant to go with the highest density.”
He alluded to the pending action, saying, “I don’t know what the motion will be; I don’t think it’s going to be for R2M though. Frankly, I wouldn’t support R2-M, either.”
Bannwolf said the mindset of Boerne has changed over the years since several of the larger, more dense subdivisions were constructed.
“ We have tried to represent the sense of Boerne citizens in terms of trying to properly manage the growth,” he said. “We keep hearing ... they want less dense developments, not more dense. We want something different; we want to keep Boerne, Boerne.”
As commissioners mulled over their options, P&Z Vice Chair Lucas Hiler said a denial, rather than a replat offer or tabling the issue for another meeting, gets the point across to not just D.R. Horton, but other developers that future commission direction is away from high-density in favor of spaciousness and less dense development.
The council’s unanimous 6-0 vote denied the motion for rezoning.
Before the vote, P&Z Member Susan Friar pointed out that the matter likely will go before City Council for its vote with a stamp of P&Z denial, rather than come back to P&Z for its approval.
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