Design Review Committee
Regular MeetingBoerne, TX · August 11, 2022
Minutes
MINUTES
DESIGN REVIEW MEETING
BOERNE CITY HALL
RONALD C. BOWMAN CITY COUNCIL CHAMBERS
447 N. MAIN
Thursday, August 11, 2022 - 6:00 PM
THE CITY OF BOERNE DESIGN REVIEW COMMITTEE RESERVES THE RIGHT TO ADJOURN
INTO EXECUTIVE SESSION AT ANY TIME TO DISCUSS ANY OF THE MATTERS LISTED
ABOVE, AS AUTHORIZED BY TEXAS GOVERNMENT CODE §551.071 (CONSULTATION
WITH ATTORNEY).
Minutes of the Design Review Committee of August 11, 2022, at 5:30
p.m.
Present: 4- Chairman Chris Taylor, Commissioner Cody Keller,
Commissioner Chris Harthcock, Commissioner Carr Stokes
Absent: 1- Commissioner Shelly Condra
Staff Present: Laura Haning, Ryan Bass, Ryan Lewis, Krystal Brown
Present Virtually: Mick McKamie
Recognized/ Registered Guests: Josh Valenta, Tom McCarthy
1. CALL TO ORDER – 6:00 PM
Chairman Taylor called the Design Review Committee order at 6:00 p.m.
2. CONFLICT OF INTEREST
No conflicts were declared.
3. PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the
Design Review Committee on any issue. The Design Review Committee may not
discuss any presented issue, nor may any action be taken on any issue at this time.
(Attorney General opinion – JC-0169)
No comments were received.
City of Boerne Page 1 Printed on 10/18/2022
Design Review Committee Official Meeting Minutes August 11, 2022
4. CONSENT AGENDA
4.A. 2022-644 THE MINUTES OF THE DESIGN REVIEW COMMITTEE MEETING OF
JULY 14, 2022.
A MOTION WAS MADE BY COMMITTEE MEMBER KELLER, SECONDED BY
COMMITTEE MEMBER HARTHCOCK, TO APPROVE THE CONSENT AGENDA
AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 3- COMMITTEE MEMBER KELLER, COMMITTEE MEMBER
HARTHCOCK, COMMITTEE MEMBER STOKES
Approved: 3-0
5. REGULAR AGENDA
5.A. 2022-645 CONSIDER A PROPOSED CREATIVE ALTERNATIVE TO THE 2018
ZONING ORDINANCE, ARTICLE 3, GENERAL PROHIBITIONS AND
REQUIREMENTS, SECTION 08 COMMERCIAL CENTER DESIGN
STANDARDS AND ARTICLE 5, ZONING DISTRICTS AND USE
REGULATIONS, 33, NORTH HERFF ROAD OVERLAY DISTRICT FOR
THE LEGACY AT CIBOLO, UNIT 1, BLOCK 2, LOT 1 (1.38 ACRES)
(KCAD 301674) AND LOT 2 (1.34 ACRES) (KCAD 301675) (HERFF
17 GROUP, LLC). TAKE NECESSARY ACTION.
Ms. Laura Haning, City Planning & Community Development Director,
presented the proposed creative alternatives stating there are multiple
items to be considered and each would be voted on individually.
Mr. Ryan Bass, City Environmental Planner/Urban Forester, spoke on the
first creative alternative. 222 sq ft encroaches the landscape/utility
easement located along Herff Rd with the intent to provide root
protection.
Mr. Josh Valenta, with Matkin Hoover, clarified where the 222 sq ft
would be located.
Ms. Haning and Mr. Bass spoke on the different types of landscape
screening methods.
City of Boerne Page 2 Printed on 10/18/2022
Design Review Committee Official Meeting Minutes August 11, 2022
Mr. Bass presented the second creative alternative. The proposed
parking between the main building and the front setback exceeds the
15% maximum in an effort to save trees in the area and to promote
better traffic circulation.
Mr. Valenta explained the second creative alternative in more detail.
Mr. Bass presented the third creative alternative. The primary facade of
the building will occupy 92% on the front building line and will be set at
80' in an effort to preserve trees in the area, remain consistent with
adjacent developments, maximize parking and promote better traffic
circulation.
Mr. Valenta explained the third creative alternative in more detail.
Mr. Bass presented the fourth creative alternative. The proposed layout
is set back 10' for most of the frontage on Herff Rd. 12 parking spaces
encroach on the easement in an effort to provide root protection and
tree preservation.
Mr. Valenta explained the fourth creative alternative in more detail.
Mr. Bass presented the fifth creative alternative. A street wall will be
achieved with the landscape design which will allow a transition from
the public realm to the private realm. Primary facade will occupy 92% of
Front Building line. Front Building Line will be set at 80' to maximize tree
saving efforts, to have consistency with the adjacent developments, to
maximize parking, and to promote better traffic circulation.
Mr. Valenta explained the fifth creative alternative in more detail.
Mr. Bass presented the sixth creative alternative. The parking that is
proposed between the principal building and the front set back is
proposed in an effort to preserve the trees, remain consistent with
developments in the area, to maximize parking and to promote better
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Design Review Committee Official Meeting Minutes August 11, 2022
traffic circulation.
Mr. Valenta explained the sixth creative alternative in more detail.
Committee Member Keller asked questions regarding tree preservation.
Mr. Tom McCarthy, the applicant & property owner, spoke on preserving
the three oak trees on the front of the property.
Mr. Valenta explained how adjustments to the original site plan have
been made with the intent to preserve these trees.
A MOTION WAS MADE BY COMMITTEE MEMBER KELLER, SECONDED BY
COMMITTEE MEMBER HARTHCOCK, TO APPROVE PROPOSED CREATIVE
ALTERNATIVE 01 TO THE 2018 ZONING ORDINANCE, ARTICLE 3, GENERAL
PROHIBITIONS AND REQUIREMENTS, SECTION 08 COMMERCIAL CENTER
DESIGN STANDARDS AND ARTICLE 5, ZONING DISTRICTS AND USE
REGULATIONS, 33, NORTH HERFF ROAD OVERLAY DISTRICT FOR THE
LEGACY AT CIBOLO, UNIT 1, BLOCK 2, LOT 1 (1.38 ACRES) (KCAD 301674)
AND LOT 2 (1.34 ACRES) (KCAD 301675) (HERFF 17 GROUP, LLC) WITH THE
CONDITION THAT THE BEST PRACTICES FOR ROOT PROTECTION ARE
UTILIZED FOR THE TREES THAT ARE IDENTIFIED TO BE PRESERVED. . THE
MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 3- COMMITTEE MEMBER KELLER, COMMITTEE MEMBER
HARTHCOCK, COMMITTEE MEMBER STOKES
Approved: 3-0
A MOTION WAS MADE BY COMMITTEE MEMBER KELLER, SECONDED BY
COMMITTEE MEMBER HARTHCOCK, TO APPROVE PROPOSED CREATIVE
ALTERNATIVE 02 TO THE 2018 ZONING ORDINANCE, ARTICLE 3, GENERAL
PROHIBITIONS AND REQUIREMENTS, SECTION 08 COMMERCIAL CENTER
DESIGN STANDARDS AND ARTICLE 5, ZONING DISTRICTS AND USE
REGULATIONS, 33, NORTH HERFF ROAD OVERLAY DISTRICT FOR THE
City of Boerne Page 4 Printed on 10/18/2022
Design Review Committee Official Meeting Minutes August 11, 2022
LEGACY AT CIBOLO, UNIT 1, BLOCK 2, LOT 1 (1.38 ACRES) (KCAD 301674)
AND LOT 2 (1.34 ACRES) (KCAD 301675) (HERFF 17 GROUP, LLC). THE
MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 3- COMMITTEE MEMBER KELLER, COMMITTEE MEMBER
HARTHCOCK, COMMITTEE MEMBER STOKES
Approved: 3-0
A MOTION WAS MADE BY COMMITTEE MEMBER HARTHCOCK, SECONDED
BY COMMITTEE MEMBER STOKES, TO APPROVE PROPOSED CREATIVE
ALTERNATIVE 03 TO THE 2018 ZONING ORDINANCE, ARTICLE 3, GENERAL
PROHIBITIONS AND REQUIREMENTS, SECTION 08 COMMERCIAL CENTER
DESIGN STANDARDS AND ARTICLE 5, ZONING DISTRICTS AND USE
REGULATIONS, 33, NORTH HERFF ROAD OVERLAY DISTRICT FOR THE
LEGACY AT CIBOLO, UNIT 1, BLOCK 2, LOT 1 (1.38 ACRES) (KCAD 301674)
AND LOT 2 (1.34 ACRES) (KCAD 301675) (HERFF 17 GROUP, LLC). THE
MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 3- COMMITTEE MEMBER KELLER, COMMITTEE MEMBER
HARTHCOCK, COMMITTEE MEMBER STOKES
Approved: 3-0
A MOTION WAS MADE BY COMMITTEE MEMBER KELLER, SECONDED BY
COMMITTEE MEMBER HARTHCOCK, TO APPROVE PROPOSED CREATIVE
ALTERNATIVE 04 TO THE 2018 ZONING ORDINANCE, ARTICLE 3, GENERAL
PROHIBITIONS AND REQUIREMENTS, SECTION 08 COMMERCIAL CENTER
DESIGN STANDARDS AND ARTICLE 5, ZONING DISTRICTS AND USE
REGULATIONS, 33, NORTH HERFF ROAD OVERLAY DISTRICT FOR THE
LEGACY AT CIBOLO, UNIT 1, BLOCK 2, LOT 1 (1.38 ACRES) (KCAD 301674)
AND LOT 2 (1.34 ACRES) (KCAD 301675) (HERFF 17 GROUP, LLC) WITH THE
CONDITION THAT THE LANDSCAPE DESIGN UTILIZE A MAJORITY OF
PLANTS FROM THE APPROVED LIST AS IDENTIFIED IN THE UNIFIED
DEVELOPMENT CODE WITH A MINIMUM HEIGHT OF 3FT-5FT FOR
City of Boerne Page 5 Printed on 10/18/2022
Design Review Committee Official Meeting Minutes August 11, 2022
SCREENING PURPOSES. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 3- COMMITTEE MEMBER KELLER, COMMITTEE MEMBER
HARTHCOCK, COMMITTEE MEMBER STOKES
Approved: 3-0
A MOTION WAS MADE BY COMMITTEE MEMBER KELLER, SECONDED BY
COMMITTEE MEMBER STOKES, TO APPROVE PROPOSED CREATIVE
ALTERNATIVE 05 TO THE 2018 ZONING ORDINANCE, ARTICLE 3, GENERAL
PROHIBITIONS AND REQUIREMENTS, SECTION 08 COMMERCIAL CENTER
DESIGN STANDARDS AND ARTICLE 5, ZONING DISTRICTS AND USE
REGULATIONS, 33, NORTH HERFF ROAD OVERLAY DISTRICT FOR THE
LEGACY AT CIBOLO, UNIT 1, BLOCK 2, LOT 1 (1.38 ACRES) (KCAD 301674)
AND LOT 2 (1.34 ACRES) (KCAD 301675) (HERFF 17 GROUP, LLC). THE
MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 3- COMMITTEE MEMBER KELLER, COMMITTEE MEMBER
HARTHCOCK, COMMITTEE MEMBER STOKES
Approved: 3-0
A MOTION WAS MADE BY COMMITTEE MEMBER HARTHCOCK, SECONDED
BY COMMITTEE MEMBER KELLER, TO APPROVE PROPOSED CREATIVE
ALTERNATIVE 06 TO THE 2018 ZONING ORDINANCE, ARTICLE 3, GENERAL
PROHIBITIONS AND REQUIREMENTS, SECTION 08 COMMERCIAL CENTER
DESIGN STANDARDS AND ARTICLE 5, ZONING DISTRICTS AND USE
REGULATIONS, 33, NORTH HERFF ROAD OVERLAY DISTRICT FOR THE
LEGACY AT CIBOLO, UNIT 1, BLOCK 2, LOT 1 (1.38 ACRES) (KCAD 301674)
AND LOT 2 (1.34 ACRES) (KCAD 301675) (HERFF 17 GROUP, LLC). THE
MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 3- COMMITTEE MEMBER KELLER, COMMITTEE MEMBER
HARTHCOCK, COMMITTEE MEMBER STOKES
City of Boerne Page 6 Printed on 10/18/2022
Design Review Committee Official Meeting Minutes August 11, 2022
Approved: 3-0
6. COMMENTS FROM COMMITTEE/LEGAL COUNSEL/STAFF – NO DISCUSSION OR
ACTION MAY TAKE PLACE.
No comments were received.
7. ADJOURNMENT
Chairman Taylor adjourned the Design Review Committee at 7:09 p.m.
_______________________________
Chairman
CERTIFICATION
I hereby certify that the above notice of meeting was posted on the 5th day of
August, 2022 at 5:30 p.m.
______________________________
Secretary
NOTICE OF ASSISTANCE AT THE PUBLIC MEETING
The City Hall Complex is wheelchair accessible. Access to the building and special
parking is available at the front entrance of the building. Requests for special
services must be received forty-eight (48) hours prior to the meeting time by calling
the by calling the Planning and Community Development Office at 830-248-1501.
Pursuant to Section 30.06 Penal Code (trespass by license holder with a concealed
handgun), a person licensed under Subchapter H, Chapter 411, Government Code
(handgun licensing law), may not enter this property with a concealed handgun.
Pursuant to section 30.07 Penal Code (trespass by license holder with an openly
carried handgun), a person licensed under Subchapter H, Chapter 411, Government
Code (handgun licensing law), may not enter this property with a handgun that is
carried openly.
City of Boerne Page 7 Printed on 10/18/2022
Agenda
AGENDA
DESIGN REVIEW MEETING
BOERNE CITY HALL
RONALD C. BOWMAN CITY COUNCIL CHAMBERS
447 N. MAIN
Thursday, August 11, 2022 - 6:00 PM
THE CITY OF BOERNE DESIGN REVIEW COMMITTEE RESERVES THE RIGHT TO ADJOURN
INTO EXECUTIVE SESSION AT ANY TIME TO DISCUSS ANY OF THE MATTERS LISTED
ABOVE, AS AUTHORIZED BY TEXAS GOVERNMENT CODE §551.071 (CONSULTATION
WITH ATTORNEY).
1. CALL TO ORDER – 6:00 PM
2. CONFLICT OF INTEREST
3. PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the
Design Review Committee on any issue. The Design Review Committee may not
discuss any presented issue, nor may any action be taken on any issue at this time.
(Attorney General opinion – JC-0169)
4. CONSENT AGENDA
4.A. 2022-644 THE MINUTES OF THE DESIGN REVIEW COMMITTEE MEETING OF
JULY 14, 2022.
Attachments: Official Meeting Minutes 22-0714
5. REGULAR AGENDA
5.A. 2022-645 CONSIDER A PROPOSED CREATIVE ALTERNATIVE TO THE 2018
ZONING ORDINANCE, ARTICLE 3, GENERAL PROHIBITIONS AND
REQUIREMENTS, SECTION 08 COMMERCIAL CENTER DESIGN
STANDARDS AND ARTICLE 5, ZONING DISTRICTS AND USE
REGULATIONS, 33, NORTH HERFF ROAD OVERLAY DISTRICT FOR
THE LEGACY AT CIBOLO, UNIT 1, BLOCK 2, LOT 1 (1.38 ACRES)
(KCAD 301674) AND LOT 2 (1.34 ACRES) (KCAD 301675) (HERFF
17 GROUP, LLC). TAKE NECESSARY ACTION.
City of Boerne Page 1 Printed on 8/5/2022
Design Review Committee Agenda August 11, 2022
Attachments: DRC_AIS_8.11.22
ATT01_Legacy at Cibolo DRC Locator
ATT02_Legacy at Cibolo Aerial
ATT03 Site Plan Per Existing Zoning Requirements
ATT04 Streetview Per Existing Zoning Requirements
ATT05 Streetview Per Existing Zoning Requirements
ATT06 Site Plan with Requested Variances
ATT07 Street View With Approved Variance
ATT08 Streetview with Approved Variance
ATT09 Streetview with Approved Variance
6. COMMENTS FROM COMMITTEE/LEGAL COUNSEL/STAFF – NO DISCUSSION OR
ACTION MAY TAKE PLACE.
7. ADJOURNMENT
s/s Laura Haning
_______________________________
Administrative Officer
CERTIFICATION
I hereby certify that the above notice of meeting was posted on the 5th day of
August, 2022 at 5:30 p.m.
s/s Heather Wood
______________________________
Secretary
NOTICE OF ASSISTANCE AT THE PUBLIC MEETING
The City Hall Complex is wheelchair accessible. Access to the building and special
parking is available at the front entrance of the building. Requests for special
services must be received forty-eight (48) hours prior to the meeting time by calling
the by calling the Planning and Community Development Office at 830-248-1501.
City of Boerne Page 2 Printed on 8/5/2022
Design Review Committee Agenda August 11, 2022
Pursuant to Section 30.06 Penal Code (trespass by license holder with a concealed
handgun), a person licensed under Subchapter H, Chapter 411, Government Code
(handgun licensing law), may not enter this property with a concealed handgun.
Pursuant to section 30.07 Penal Code (trespass by license holder with an openly
carried handgun), a person licensed under Subchapter H, Chapter 411, Government
Code (handgun licensing law), may not enter this property with a handgun that is
carried openly.
City of Boerne Page 3 Printed on 8/5/2022
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