The Boerne City Council on Monday evening unanimously approved an amendment to the 2016 economic development agreement with Buc-ee’s to build a new store near the intersection of South Main Street and Interstate 10. The Council motion allows the City Manager to execute and manage the amended agreement.
The revised agreement reflects ongoing discussions between the City of Boerne, Buc-ee’s representatives, and community members.
Watch the Oct. 27 City Council meeting.
Updates to Property and Building Requirements
Based on community feedback over the last several months – through neighborhood meetings and public comments at City Council – several elements of the design plans were amended and affirmed in the updated agreement.
Assistant City Manager Kristy Stark explained that while the original development agreement remains in place, it will now include several clarifications and amendments incorporating the priorities of residents and City leadership.
“These additional updates strengthen the design standards, the infrastructure commitments, and the community benefits,” Stark said. “We want to express our appreciation to Buc-ee’s for the manner in which they have worked with us on this. There was never a ‘no;’ it was always, ‘let’s see what we can figure out.’”
Signage
Under the new terms, the height of the proposed sign will be reduced from 75 feet to 60 feet, contingent upon the naming of Buc-ee’s Way and interstate signage approvals. Language regarding a second pole sign was removed from the agreement, as were provisions for four additional pad sites.
Building Size and Number of Pumps
The agreement now establishes maximums for building size and fueling stations, replacing the minimum thresholds that were outlined in the original document.
The store will be limited to 54,000 square feet, which is significantly smaller than Buc-ee’s locations in nearby cities such as New Braunfels (66,000 square feet), Luling (75,000 square feet), and San Marcos (74,000 square feet).
The number of fueling stations will be capped at 100, also fewer than other nearby stores. A fueling station is anywhere a vehicle can park in order to fuel up, meaning each two-sided pump would equate to two fueling stations.
The store will also include at least 26 EV charging stations.
Fencing and Buffer Space
To help preserve the area’s character, nine acres of land, nearly one third of the property, will be dedicated to the City as open space, creating a buffer between the store and neighboring properties. This was not included in the original agreement. Additionally, an eight-foot security fence will be installed along the rear property line.
Other Key Updates
The amended agreement reaffirms several commitments Buc-ee’s has made to the City and the community over the years.
The company will prohibit 18-wheelers from entering the site, except for those making deliveries to service the store. Buc-ee’s has also confirmed the project will create approximately 200 jobs once operational – 30 more than the original agreement.
Additionally, the company will incorporate enhanced landscaping and native plantings throughout the property, along with a site lighting plan featuring dark-sky-compliant fixtures to reduce light pollution.
The development will include an HVAC condensate recovery and irrigation system designed to conserve water and improve overall site sustainability.
The store will not have a car wash.
RELATED: History of the Buc-ee’s development in Boerne
Project Vesting Requirements
During public comments and in meetings with staff and City Council, residents have raised questions about whether Buc-ee’s would follow current development ordinances or the ordinances in place in 2016 when the original development agreement was approved.
City Attorney Mick McKamie explained that state law sets the vesting date of a project to the date when the first permit or plat application is filed, not when the development agreement was approved. The original agreement specified that development agreement could not be considered a permit for vesting purposes.
“In this case, that was a plat application filed for this project in 2019. That project has continued, and progress has been made in the intervening years, so it has not been abandoned. It’s still the same project,” McKamie said. “Importantly, under the statute I mentioned, Texas courts have treated commercial projects a little differently than retail or residential projects in that a commercial project, once it vests, can change scope, size, and use, and it still remains the same project. Because it is, generally, a commercial project.”
This means the main portion of the Buc-ee’s project, which includes the travel center and the fueling areas, must comply with all City of Boerne ordinances in place in 2019.
“Of course, the developer can choose to comply with later regulations, and that’s happened in this case. They’ve chosen to comply with a lot of our more recent regulations,” McKamie said.
Recently, Buc-ee’s has acquired separate parcels of land from TxDOT next to the original parcel, which it plans to use as an employee parking lot. The vesting date for these additional parcels is 2025, which is when a permit was first submitted.
Updates to Utility Infrastructure
As public infrastructure construction approaches, the City and Buc-ee’s have further clarified several elements of the 2016 agreement related to necessary improvements in the area.
Under the updated terms, Buc-ee’s will install a sewer line and construct the roadway, Buc-ee’s Way, with the City reimbursing those costs over a five-year period. The company will also be responsible for installing underground electric service along Buc-ee’s Way.
Updates to Financial Elements
Since it no longer exists, the Texas Capital Fund Grant and the accompanying City fee and reimbursements were removed from the updated agreement.
No changes were made to the sales tax rebate. Per the original agreement, Buc-ee’s will receive 50 percent of sales tax generated from their retail location for 20 years upon opening.
With the finalization of the amendment on the horizon, Boerne continues to set a high standard for responsible development while incorporating community engagement. The project reflects a shared commitment to create a store that fits within Boerne’s character and future vision.
City Leadership Comments
Mayor Frank Ritchie
We listened and we went to Buc-ee’s and we did a lot of negotiating. From the original agreement to where we are now is heads and tails better for our community.
Frank Ritchie, Mayor
Dr. Joseph Macaluso, District 5
We have a deal here that is totally different than what was achieved in 2016. I am thrilled the pad sites are gone. Why? Can you imagine this Buc-ee’s, even with all these concessions, with a Chick-Fil-A, a Texas Roadhouse, and a Willie’s Ice House, and God knows what else – with signage, and parking and traffic on top of Buc-ee’s?
Dr. Joseph Macaluso, District 5 Councilman
Bret Bunker District 4
Buc-ee’s did not have to make any of these concessions to move forward. I think it is due to the diligent work of the mayor and especially Dr. Macaluso, who has been putting pressure on them for 10 years, and Buc-ee’s wanting to be a good partner with the City that they’ve made these concessions.
We got the sign lowered, which if you would have asked me two weeks ago if that was ever going to happen, I’d have said no way. The concessions we got were well beyond anything I dreamed was possible.
Bret Bunker, District 4 Councilman
