Planning and Zoning Commission
Regular MeetingBoerne, TX · September 11, 2017
Minutes
AGENDA
PLANNING AND ZONING COMMISSION MEETING
BOERNE POLICE AND MUNICIPAL COURT COMPLEX, 124 OLD SAN ANTONIO ROAD
Monday, September 11, 2017 – 6:00 p.m.
Present: John Hollinshead, William Paxton, Richard Sena, Ricky Gleason, Joe
Davis, Paula Hayward, Cal Chapman and Patrick Cohoon
Absent: Israel Pena
Staff Present: Laura Talley, Planning and Community Development Director, Susana
Ramos, Recording Secretary & Planner III, Sheldon Cravey, IT, Sean
Reich, Public Works Engineer, Jeff Thompson, Deputy City Manager
1. CALL TO ORDER – 6:00 PM
2. APPROVAL OF MINUTES
2017-677 Approval of Planning and Zoning Commission Minutes of the
meeting of August 7, 2017.
Tabled
3. CONFLICTS OF INTEREST DECLARATION
There were none.
4. CITIZENS' COMMENTS:
Scott Ellis stated that he has concerns about the proposed Overlook at Boerne. He
commented that it is questionably zoned and the road is not big enough for the amount of
people that the development would bring. Patricia Ellis stated that she is worried that
there will be a heavy traffic impact if the Overlook at Boerne Preliminary Plat is approved.
She commented that she is concerned for the pedestrians with all of the added traffic.
Jim Grossman stated that he is concerned about the current zoning of the Overlook at
Boerne property. Debby Thompson states that she is concerned about the Overlook at
Boerne because the visibility. She commented that she does not want lights shining into
her windows and it will create traffic issues.
5. PUBLIC HEARING
5a. 2017-678 To consider the proposed use request of multi-dwelling structures
in a B-2, Highway Commercial District, a total of 6.089 acres, for a
site located within The Commons at Menger Creek Master
Development Plan.
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Laura Talley introduced the proposed development. Ms. Talley stated that it is not a
typical multi-family development. It is an age restricted, one-story, duplex style
development. All the units will be lease units. Alan Noll, the developer, discussed the
project and the use of the property. He detailed the layout of the units and why leasing the
units is more attractive to older people. There will be a driveway connection between this
development and Franklin memory care.
6. 2017-679 Make recommendation to City Council to consider the proposed
use request of multi-dwelling structures in a B-2, Highway
Commercial District, a total of 6.089 acres, for a site located
within The Commons at Menger Creek Master Development Plan.
COMMISSIONER SENA MOVED TO RECOMMEND CITY COUNCIL TO APPROVE
THE PROPOSED USE. COMMISSIONER SENA WITHDREW HIS MOTION.
COMMISSIONER SENA MOVED TO RECOMMEND TO CITY COUNCIL
APPROVAL OF THE PROPOSED USE WITH THE LIMITATIONS OF 36 HOUSING
UNITS LIMITED TO ONE STORY. COMMISSIONER CHAPMAN SECONDED THE
MOTION. MOTION CARRIED 7-0.
7. PUBLIC HEARING
7a. 2017-680 To consider the proposed revisions to the City of Boerne Zoning
Ordinance No. 2007-64, Article 1, In General, Section 06.
Definitions, Article 3, General Prohibitions and Requirements,
Section 08. Commerical Center Design Standards, Section 09.
Combined Commercial Design Standards.
Laura Talley stated that City Council approved a resolution regarding Nodes in the city
limits. Staff has updated the zoning ordinance to include the definition of Nodes in the
ordinance and references the design manual for Nodes in the design guidelines. Staff
also edited the section of the ordinance that refers to lots adjacent to and adjoining
streets and creeks. This section was modified to clarify the meaning of “fronting”.
8. 2017-681 Make recommendation to City Council to consider the proposed
revisions to the City of Boerne Zoning Ordinance No. 2007-64,
Article 1, In General, Section 06. Definitions, Article 3, General
Prohobitions and Requirements, Section 08. Commerical Center
Design Standards, Section 09. Combined Commercial Design
Standards.
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COMMISSIONER CHAPMAN MOVED TO RECOMMEND TO CITY COUNCIL
APPROVAL OF THE PROPOSED REVISIONS. COMMISSIONER GLEASON
SECONDED THE MOTION. THE MOTION CARRIED 7-0.
ITEMS FOR DISCUSSION/ACTION
9. 2017-682 Consider approval for the preliminary plat for Overlook at Boerne
(37 residential lots, 3 open space lots). Take necessary action.
Laura Talley addressed many issues that the public has for this property. The plat meets
the criteria of the ordinance and recommended approval of the preliminary plat.
COMMISSIONER DAVIS MOVED TO APPROVE THE PRELIMINARY PLAT FOR
THE OVERLOOK AT BOERNE (37 RESIDENTIAL LOTS, 3 OPEN SPACE LOTS).
COMMISSIONER COHOON SECONDED THE MOTION. THE MOTION CARRIED
5-2.
10. 2017-683 Consider approval for the development plat for Boerne ISD
Administration Building. Take necessary action.
Laura Talley introduced the development plat. Ms. Talley stated that the development plat
met the criteria as set forth in the ordinance and recommended approval of the plat.
COMMISSIONER DAVIS MOVED TO APPROVE THE DEVELOPMENT PLAT FOR
BOERNE ISD ADMINISTRATION BUILDING. COMMISSIONER COHOON
SECONDED THE MOTION. THE MOTION CARRIED 7-0.
11. 2017-684 Consider a request for a variance to the Subdivision Ordinance,
Article 5, Section 5.02.001, Required Street Improvements and
Section 5.02.002, Street Improvement Timing for 115 Adler Road
(Pizza Cave - Roxie Orms). Take necessary action.
Laura Talley introduced the property and explained the progress of this development.
They have almost 900 feet of frontage and staff does not feel that the required road
improvements are proportional to the type of development on this site. Ms. Talley stated
that staff is in the process of working with a consultant to update the Traffic Impact
Analysis and these types of issued will be covered with that update.
COMMISSIONER HAYWARD MOVED TO GRANT THE VARIANCE TO THE
SUBDIVISION ORDINANCE. COMMISSIONER GLEASON SECONDED THE
MOTION. THE MOTION CARRIED 7-0.
12. 2017-685 Consider a creative alternative to Article 3, Section 09 Combined
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Planning and Zoning Commission Official Meeting Minutes September 11, 2017
Commercial Design Standards, Section 3.09.003 Parking, for a
proposed restaurant located at 214 West Bandera, KAD 24357
(Dunkin Donuts). Take necessary action.
Laura Talley stated that the Commission recently approved development plat for this site.
Ms. Talley explained that the lot is long and narrow and is difficult to development per the
typical design standards. The developer plans to screen the parking with landscaping.
COMMISSIONER HAYWARD MOVED TO APPROVE THE CREATIVE
ALTERNATIVE. COMMISSIONER DAVIS SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
13. 2017-686 Consider a request for a variance to the Subdivision Ordinance,
Article 4, Section 4.01.001, to allow for plat submittal prior to
approval of the Master Plan for 17 Herff Road, KAD 15747,
15748, 15749 (Brown & Ortiz).
Laura Talley stated that the property has recently been permanently zoned MU-1. The
developer plans to develop the property along Herff Road as an MU-1 but has requested
a rezoning of the back part of the property to R-4. The property is being developed in
units and therefore requires a master plan. The developer would like to proceed with
platting of the front section, but would like to postpone the master plan until they know the
ultimate zoning of the back of the property. James Griffin, attorney for the property owner,
explained the process they’ve been through, the hardship that the extended period of time
has caused and spoke in support of the request. Ms. Talley suggested that the
Commission only approve the request with the condition that no other units be considered
until a master plan has been approved.
COMMISSIONER DAVIS MOVED TO APPROVE THE REQUEST FOR A VARIANCE
TO THE SUBDIVISION ORDINANCE WITH THE CONDITION THAT THE
DEVELOPER MAY NOT PROCEED WITH ANY OTHER UNITS UNTIL A
MASTERPLAN IS APPROVED FOR THE ENTIRE DEVELOPMENT.
COMMISSIONER COHOON SECONDED THE MOTION. THE MOTION CARRIED
6-1.
14. 2017-690 Consider a request for a variance to the Subdivision Ordinance,
Article 3, Section 3.04.004, Lot Access, Minimum Separation for a
driveway in a multi-family development located on a .996 acre
tract located between S. Plant and Stahl Street, KAD 63697
(Alamo Ridge Investments).
Laura Talley stated that the property is located north of existing apartments and the
driveways will be closer than what is allowed by the separation distance requirements of
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the ordinance. Ms. Talley stated that the driveway is proposed to be one way in off of
Plant Street and one way out off of Stahl.
COMMISSIONER GLEASON MADE A MOTION TO APPROVE THE VARIANCE TO
THE SUBDIVISION ORDINANCE. COMMISSIONER COHOON SECONDED THE
MOTION. THE MOTION CARRIED 7-0.
15. 2017-691 Consider the approval for a preliminary plat for Esperanza, Unit
2D (44 residential lots and one (1) open space lot). Take necessary
action.
Laura Talley stated that this plat meets the criteria set forth in the ordinance and also
adheres to the master plan for the development. She recommended approval of the
preliminary plat.
COMMISSIONER GLEASON MOVED TO APPROVE THE PLAT FOR ESPERANZA,
UNIT 2D. COMMISSIONER DAVIS SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
16. CONSENT AGENDA: All items listed below within the Consent Agenda are
considered to be routine by the Planning and Zoning Commission and may be enacted
with one motion. There will be no separate discussion of items unless a Commission
Member or citizen so requests, in which event the item may be moved to the general
order of business and considered in its normal sequence. The following final plat shall
be approved conditionally as is stated in the Subdivision Ordinance Article 2, Section
04. Final Plat Approval, Subsection 2.04.001B Conditional Approval.
a. 2017-692 Final plat for Esperanza Phase 2B (33 residential lots, 1 open
space lot).
b. 2017-693 Final Plat for Southglen, Unit 8 (1 amenity lot and 1 open space
lot).
c. 2017-694 Final Plat for Herff Village, Phase 2 (37 residential lots and 7 open
space lots).
COMMISSIONER DAVIS MOVED TO APPROVE THE CONSENT AGENDA.
COMMISSIONER GLEASON SECONDED THE MOTION. THE MOTION CARRIED
7-0.
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Planning and Zoning Commission Official Meeting Minutes September 11, 2017
17. Discussion Items:
- Ordinance updates low impact development (LID) and LED lighting
Laura Talley explained the research done regarding low impact development and
discussed the pros and cons. Ms. Talley also advised the Commission that staff is
allowing some LED lighting in the city using some of the criteria identified in dark skies.
18. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or
action may take place
19. ADJOURNMENT
_______________________________
P&Z Chairman
_______________________________
P& Z Secretary
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Agenda
AGENDA
PLANNING AND ZONING COMMISSION MEETING
BOERNE POLICE AND MUNICIPAL COURT COMPLEX, 124 OLD SAN ANTONIO ROAD
Monday, September 11, 2017 – 6:00 p.m.
1. CALL TO ORDER – 6:00 PM
2. APPROVAL OF MINUTES
Approval of Planning and Zoning Commission Minutes of the
meeting of August 7, 2017.
3. CONFLICTS OF INTEREST DECLARATION
4. CITIZENS' COMMENTS:
This is the opportunity for visitors and guests to address the Planning and Zoning
Commission on any issue. The Planning and Zoning Commission may not discuss
any presented issue, nor may any action be taken on any issue at this time.
(Attorney General Opinion – JC-0169)
PUBLIC HEARING
5. To consider the proposed use request of multi-dwelling
structures in a B-2, Highway Commercial District, a total of 6.089
acres, for a site located within The Commons at Menger Creek
Master Development Plan.
6. Make recommendation to City Council to consider the proposed
use request of multi-dwelling structures in a B-2, Highway
Commercial District, a total of 6.089 acres, for a site located
within The Commons at Menger Creek Master Development Plan.
PUBLIC HEARING
7. To consider the proposed revisions to the City of Boerne Zoning
Ordinance No. 2007-64, Article 1, In General, Section 06.
Definitions, Article 3, General Prohibitions and Requirements,
Section 08. Commerical Center Design Standards, Section 09.
Combined Commercial Design Standards.
City of Boerne Page 1 Printed on 9/8/2017
Planning and Zoning Agenda September 11, 2017
Commission
8. Make recommendation to City Council to consider the proposed
revisions to the City of Boerne Zoning Ordinance No. 2007-64,
Article 1, In General, Section 06. Definitions, Article 3, General
Prohobitions and Requirements, Section 08. Commerical Center
Design Standards, Section 09. Combined Commercial Design
Standards.
ITEMS FOR DISCUSSION/ACTION
9. Consider approval for the preliminary plat for Overlook at Boerne
(37 residential lots, 3 open space lots). Take necessary action.
10. Consider approval for the development plat for Boerne ISD
Administration Building. Take necessary action.
11. Consider a request for a variance to the Subdivision Ordinance,
Article 5, Section 5.02.001, Required Street Improvements and
Section 5.02.002, Street Improvement Timing for 115 Adler Road
(Pizza Cave - Roxie Orms). Take necessary action.
12. Consider a creative alternative to Article 3, Section 09 Combined
Commercial Design Standards, Section 3.09.003 Parking, for a
proposed restaurant located at 214 West Bandera, KAD 24357
(Dunkin Donuts). Take necessary action.
13. Consider a request for a variance to the Subdivision Ordinance,
Article 4, Section 4.01.001, to allow for plat submittal prior to
approval of the Master Plan for 17 Herff Road, KAD 15747,
15748, 15749 (Brown & Ortiz).
14. Consider a request for a variance to the Subdivision Ordinance,
Article 3, Section 3.04.004, Lot Access, Minimum Separation for a
driveway in a multi-family development located on a .996 acre
tract located between S. Plant and Stahl Street, KAD 63697
(Alamo Ridge Investments).
15. Consider the approval for a preliminary plat for Esperanza, Unit
2D (44 residential lots and one (1) open space lot). Take
necessary action.
City of Boerne Page 2 Printed on 9/8/2017
Planning and Zoning Agenda September 11, 2017
Commission
16. CONSENT AGENDA: All items listed below within the Consent Agenda are
considered to be routine by the Planning and Zoning Commission and may be enacted
with one motion. There will be no separate discussion of items unless a Commission
Member or citizen so requests, in which event the item may be moved to the general
order of business and considered in its normal sequence. The following final plat shall
be approved conditionally as is stated in the Subdivision Ordinance Article 2, Section
04. Final Plat Approval, Subsection 2.04.001B Conditional Approval.
a. Final plat for Esperanza Phase 2B (33 residential lots, 1 open
space lot).
b. Final Plat for Southglen, Unit 8 (1 amenity lot and 1 open space
lot).
c. Final Plat for Herff Village, Phase 2 (37 residential lots and 7 open
space lots).
17. Discussion Items:
- Ordinance updates low impact development (LID) and LED lighting
18. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or
action may take place
19. ADJOURNMENT
s/s Laura Talley
_______________________________
Administrative Officer
CERTIFICATION
I herby certify that the above notice of meeting was posted at the Boerne City Hall
this be the 8th day of September, 2017 by 5:00 p.m.
s/s Susana Ramos
_______________________________
Secretary
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Planning and Zoning Agenda September 11, 2017
Commission
NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS
The City of Boerne Police/Municipal Court Complex and City Council Chambers are
wheelchair accessible. Access to the building and special parking is located at the
east (front) entrance to the building. Requests for special services must be received
forty-eight (48) hours prior to the meeting time by calling the Planning Department
at 830-249-9511.
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 4 Printed on 9/8/2017
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