An interlocal agreement guiding development on Boerne’s fringes between the city and Kendall County is in a holding pattern as commissioners seek to have more control on urban spread.
The accord between Boerne and the county covering growth in the city’s extraterritorial jurisdiction – the 1-mile buffer around the city limits subject to annexation by Boerne – was first signed in 2007, with regular renewals in the 15 years since.
However, with some county commissioners and residents in unincorporated areas trying to ensure development occurs in a planned manner, serious changes are being proposed, leaving the document unsigned earlier this month by commissioners for the second time.
“The city is getting very progressive,” Precinct 2 Commissioner Richard Elkins said. “Which, hey, it’s what they do. That’s normal for a city. But the warning signs are up. Is it a storm or just a light wind? I’m concerned. I think things need to be added to the interlocal agreement.”
Elkins, who has been a strong proponent for legislative change granting counties more control over density and development, presented several proposals to amend the already revised draft of the agreement.
These suggested changes include provisions halting the city from yielding rights to a third party without a written OK from the county; denying Boerne’s right to employ eminent domain in its ETJ; and requiring written approval from the county to grant zoning or development regulation variances.
The Legislature convenes in January.
“One of the things I learned last year trying to get some legislation through is there’s changes in the air,” Elkins said. “Texas is turning so pro development and business that our property rights are at jeopardy. So, if you continue to look around at all the bills that have been passed, it’s a big warning sign. And it says that we need to be extra cautious.”
Commissioners first discussed the draft agreement in October, and Precinct 4 Commissioner Don Durden took on the challenge of revising the document.
“This is the second time I guess this agreement has come forward,” Durden said. “To put it politely, there were some things that weren’t clear in it.”
While Durden said there weren’t many “substantive changes” between the October draft and the one reviewed by commissioners this month, exemptions were added to allow “mom and pop lots” in the city’s ETJ to defer to the county for consideration.
“If somebody wants to go build a barn under the current regulations, they would have to get some building permits and perhaps a plat and get all hung up with the city, and I think our staff was getting hit with a lot of complaints about that,” Durden said.
The current ETJ agreement only allows county officials to have a say on manufactured housing, sewage, floodplain management and revisions to existing county plats.
Kendall County Engineer Rick Tobolka said the proposed exemptions would divert regulatory control to the county for projects on single-family parcels of 5 acres or more, land divisions resulting in lots of 5 acres or more, existing lots approved by the county before May 2005 and those looking to open a business in the city’s ETJ.
“The intent was to streamline the process and help the folks that were out in the ETJ versus these relatively simple projects all being forced through the city of Boerne,” Tobolka said. “I guess the main message is this is actually taking a lot of authority and/or projects that were previously going to the city back to the county.”
Several residents during a comments period before county commissioners expressed grave concerns.
“When you stop and think about this document, this is our only voice with the city. We can’t vote for them. We can’t get them to talk to us most days,” Denise Deaver said. “This document is going to be the only thing that we have to go to them and say, ‘County commissioners gave you this right, but we got to keep this.’” Many dwellers in Boerne’s ETJ noted they cannot vote in city elections, but are subject to City Council’s development decisions.
It remains unclear whether commissioners will pass along an amended agreement to the city before the year runs out. Three seats — the county judge and precincts 2 and 4 — have new representation.
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