Kendall County approves development agreement with BVK Properties for 12 Spanish Pass Road

Kendall County Commissioners Court on Tuesday, March 4, approved a development agreement with BVK Properties LLC for a 1.906-acre parcel at 12 Spanish Pass Road in Boerne.

The agreement, described in the meeting as document number 2024-387642 and identified by survey and property description, passed on a 4-0 vote with the judge absent. Commissioners discussed wording changes, public-purpose uses for on-site water storage, assignment and notice provisions, and the need for a Texas Ethics Commission filing before execution.

Court members said the contract is intended to provide clarity for a small-business developer about county requirements and to attach terms that will run with the land. County staff and the developer’s representative reviewed a redlined draft in court. The court approved adding County Road & Bridge as an allowed user of the site’s retention pond (section 2.11) and replacing a referenced battery-storage acronym with the broader term “energy storage system” (section 2.17) to match the fire code, per discussion in court.

Commissioners discussed the retention pond design and whether it constituted detention. County engineering staff and the developer’s consultant said the site’s topography makes detention infeasible and that the proposed feature is retention (no outlet). To reduce standing water, commissioners approved language allowing the county to authorize Road & Bridge or emergency services to draw water from the pond so it can be drained for operational use.

The draft was further edited to add assignment and notice procedures: the court accepted a clause clarifying when the developer may assign rights or obligations, including a 30-day notice requirement for assignments and an exception allowing assignment to wholly owned affiliates or an entity that acquires substantially all assets. The court also required that the developer submit a Texas Ethics Commission Form 1295 (referred to in the meeting as “12 95”) as a condition for execution.

County staff said the agreement will run with the land and that, if the purchaser named in closing (identified in court as Mike Wheeler) becomes the developer, the buyer would assume the contract. The court noted the agreement may be amended later to update the developer’s contact details and that any extension or modification would generally return to court for approval unless the court delegates authority to staff.

As part of closing procedures, a commissioner noted a statutory requirement cited in the meeting (referred to as section 381.005) that a copy of the agreement be sent to the state comptroller and be posted to the county website; the court instructed staff to file and post the agreement within 14 working days.

Votes at a glance: the motion to authorize and approve the development agreement carried 4-0 with the judge absent. The motion included the edits discussed in court and made approval subject to completion of the developer’s required filing with the Texas Ethics Commission.

The county and the developer will finalize exhibits (survey/plat and layout) and incorporate them by reference into the executed agreement. The court also discussed holding a workshop in future cases to allow commissioners and applicants to review development-agreement drafts before formal court action.

The court adjourned at 1:47 p.m.