Planning and Zoning Commission
Regular MeetingBoerne, TX · September 9, 2019
Minutes
MINUTES
PLANNING AND ZONING COMMISSION MEETING
BOERNE POLICE AND MUNICIPAL COURT COMPLEX, 124 OLD SAN ANTONIO ROAD
Monday, September 9, 2019 – 6:00 p.m.
Minutes of the Planning and Zoning Commission meeting of September
9, 2019
Present: Joe Anzollitto, Patrick Cohoon, Cal Chapman, Kyle Kana, Bill
Bird, Paula Hayward, Bob Cates, Chesney Dunning
Members Absent: Joe Davis
Staff Present: Laura Talley, Stephanie Kranich, Barrett Squires, Jeff
Thompson, Robert Lee, Mike Mann, Cheryl Rogers, Rebecca Pacini
Registered/
Recognized Guests: Tom Kartrude, Vic Vaughan, Ryan Malitz, Rufus
Stephens, Bob Vollmer, Dani Vollmer, Aaron Arnold, Steven Craiez, Brian
Fowler, Jeff Carroll, John La Roche, Richard Gross, Northern Hendricks,
Jenny Heymann, Amy Bean, Richard Heard, Falkner Heard, J.W Pieper,
Ken Seamans, Donna Taylor
1. CALL TO ORDER – 6:00 PM
Commissioner Chapman called the Planning and Zoning Commission
meeting to order at 6:06 P.M.
Pledge of Allegiance to the United States Flag
Pledge of Allegiance to the Texas Flag
(Honor the Texas flag, I pledge allegiance to thee, Texas – one state under God, one and
indivisible.)
2. APPROVAL OF MINUTES
2019-881 Approval of Planning and Zoning Commission Minutes of the
meetings held August 5, 2019.
COMMISSIONER COHOON MADE A MOTION TO APPROVE THE PLANNING
AND ZONING COMMISSION MINUTES OF THE MEETINGS HELD AUGUST 5,
2019. COMMISSIONER ANZOLLITTO SECONDED THE MOTION. THE MOTION
CARRIED BY THE FOLLOWING VOTE:
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Yeah: 7 - Commissioner Cohoon, Commissioner Hayward,
Commissioner Dunning, Commissioner Cates, Commissioner
Anzollitto, Commissioner Bird, and Commissioner Kana
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
3. CONFLICTS OF INTEREST
COMMISSIONER KANA HAD A CONFLICT OF INTEREST ON ITEM NUMBERS 19,
20, 21, 22.
4. PUBLIC 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)
Mr. Tom Kartrude, 128 Lone Star, expressed his concerns regarding storm
water run off, and existing stream setbacks.
5. PUBLIC HEARING
2019-883 a. To consider the proposed rezoning of 0.5 acre at 32840
Interstate 10 West (KAD 26884) from I, Industrial District, to B-2,
Highway Commercial District. (Kenneth W. Seamans).
Ms. Laura Talley stated some general statements regarding the list of
public hearings.
Commissioner Chapman opened the public hearing at 6:16 P.M.
Ken Siemens, 112 Emerald Hill, expressed his concerns of the current
zoning and would like to lease the property as a business.
Aaron Arnold, 437C FM474, owns property just slightly north and is
supportive of the request.
Commissioner Chapman closed the public hearing at 6:20 P.M.
6. 2019-885 Make recommendation to City Council regarding the proposed
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rezoning of 0.5 acre at 32840 Interstate 10 West (KAD 26884)
from I, Industrial District, to B-2, Highway Commercial District.
(Kenneth W. Seamans).
Ms. Laura Talley spoke regarding the past uses located at the property
address. The prior businesses have all been industrial. There have been
some grand-fathered properties near the property and are
non-conforming uses. There are few Industrial Zoned properties left in
the city and staff recommended against the request for rezoning the
property from Industrial to Business.
COMMISSIONER CATES MADE A MOTION TO RECOMMEND DENIAL TO CITY
COUNCIL REGARDING THE PROPOSED REZONING OF 0.5 ACRE AT 32840
INTERSTATE 10 WEST (KAD 26884) FROM I, INDUSTRIAL DISTRICT, TO B-2,
HIGHWAY COMMERCIAL DISTRICT. (KENNETH W. SEAMANS).
COMMISSIONER HAYWARD SECONDED THE MOTION. THE MOTION CARRIED
BY THE FOLLOWING VOTE:
Yeah: 7 - Commissioner Cohoon, Commissioner Hayward,
Commissioner Dunning, Commissioner Cates, Commissioner
Anzollitto, Commissioner Bird, and Commissioner Kana
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
COMMISSIONER CATES MADE A MOTION TO DISCUSS AND REOPEN AGENDA
ITEM NUMBER 6 REGARDING THE PROPOSED REZONING OF 0.5 ACRE AT
32840 INTERSTATE 10 WEST (KAD 26884) FROM I, INDUSTRIAL DISTRICT, TO
B-2, HIGHWAY COMMERCIAL DISTRICT. (KENNETH W. SEAMANS).
COMMISSIONER BIRD SECONDED THE MOTION. THE MOTION CARRIED BY
THE FOLLOWING VOTE:
Yeah: 7 - Commissioner Cohoon, Commissioner Hayward,
Commissioner Dunning, Commissioner Cates, Commissioner
Anzollitto, Commissioner Bird, and Commissioner Kana
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
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COMMISSIONER BIRD MADE A MOTION TO RECOMMEND APPROVAL TO
CITY COUNCIL REGARDING THE PROPOSED REZONING OF 0.5 ACRE AT 32840
INTERSTATE 10 WEST (KAD 26884) FROM I, INDUSTRIAL DISTRICT, TO B-2,
HIGHWAY COMMERCIAL DISTRICT. (KENNETH W. SEAMANS).
COMMISSIONER KANA SECONDED THE MOTION. THE MOTION CARRIED BY
THE FOLLOWING VOTE:
Yeah: 5 - Commissioner Dunning, Commissioner Cates, Commissioner
Anzollitto, Commissioner Bird, and Commissioner Kana
Nay: 2 - Commissioner Cohoon, and Commissioner Hayward
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
7. PUBLIC HEARING
2019-887 a. To consider the proposed permanent zoning of 0.545 acre at
19 Old San Antonio Road (KAD 15817) from R-A, Single-Family
Residential - Agricultural District, to B-1, High-Density Residential
and Neighborhood Commercial District (Amari Arvelene Ann).
Commissioner Chapman opened the public hearing at 6:37 P.M.
Mr. Rufus Stevens, 205 Bess Street, spoke in opposition of the zoning
request.
Ms. Amy Bean, 204 Second Street, spoke in opposition of the zoning
request.
Ms. Jenny Heymann, 508 Frey Street, spoke in opposition of the zoning
request.
Commissioner Chapman closed the public hearing at 6:43 P.M.
8. 2019-888 Make recommendation to City Council regarding the proposed
permanent zoning of 0.545 acre at 19 Old San Antonio Road (KAD
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15817) from R-A, Single-Family Residential - Agricultural District,
to B-1, High-Density Residential and Neighborhood Commercial
District (Amari Arvelene Ann).
Ms. Laura Talley explained the proposed permanent zoning request. The
property was recently annexed into the city and approved by City
Council. There is some floodplain on the property, however the property
is not yet being developed. Staff recommended the approval of zoning
request as presented consistent with the Future Land Use plan.
COMMISSIONER CATES MADE A MOTION TO MAKE RECOMMENDATION TO
CITY COUNCIL REGARDING THE PROPOSED PERMANENT ZONING OF 0.545
ACRE AT 19 OLD SAN ANTONIO ROAD (KAD 15817) FROM R-A,
SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL DISTRICT, TO R-A,
SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL DISTRICT. COMMISSIONER
BIRD SECOND THE MOTION. THE MOTION CARRIED BY THE FOLLOWING
VOTE:
Yeah: 6 - Commissioner Hayward, Commissioner Dunning,
Commissioner Cates, Commissioner Anzollitto, Commissioner
Bird, and Commissioner Kana
Nay: 1 - Commissioner Cohoon
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
9. PUBLIC HEARING
2019-889 a. To consider the proposed permanent zoning of 1.899 acres at
21 Old San Antonio Road (KAD 15816) from R-A, Single-Family
Residential - Agricultural District, to B-1, High-Density Residential
and Neighborhood Commercial District (Obadia Jacob).
Commissioner Chapman opened the public hearing at 7:06 P.M.
Mr. Rufus Stevens, 205 Bess Street, was in opposition of the requested
zoning.
Mr. John La Roach, 103 Old San Antonio, stated things change and the
Commission needs to look out for what is best for the community as it
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grows.
Commissioner Chapman closed the public hearing at 7:10 P.M .
10. 2019-890 Make recommendation to City Council regarding the proposed
permanent zoning of 1.899 acres at 21 Old San Antonio Road
(KAD 15816) from R-A, Single-Family Residential - Agricultural
District, to B-1, High-Density Residential and Neighborhood
Commercial District (Obadia Jacob).
Ms. Laura Talley explained the proposed permanent zoning request. The
property was recently annexed into the city and approved by City
Council. Staff recommended the zoning request as presented consistent
with the Future Land Use plan.
COMMISSIONER HAYWARD MADE A MOTION TO MAKE AN ALTERNATIVE
RECOMMENDATION TO CITY COUNCIL REGARDING THE PROPOSED
PERMANENT ZONING OF 1.899 ACRES AT 21 OLD SAN ANTONIO ROAD (KAD
15816) FROM R-A, SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL DISTRICT,
TO R-A, SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL DISTRICT (OBADIA
JACOB). COMMISSIONER ANZOLLITTO SECONDED THE MOTION. THE MOTION
CARRIED BY THE FOLLOWING VOTE:
Yeah: 6 - Commissioner Hayward, Commissioner Dunning,
Commissioner Cates, Commissioner Anzollitto, Commissioner
Bird, and Commissioner Kana
Nay: 1 - Commissioner Cohoon
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
11. PUBLIC HEARING
2019-891 a. To consider the proposed permanent zoning of 4.492 acres at
23 Old San Antonio Road (KAD 15828) and (KAD 15829) from
R-A, Single-Family Residential - Agricultural District, to B-1,
High-Density Residential and Neighborhood Commercial District
(Harpole Willis Jay).
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Commissioner Chapman opened the public hearing at 7:23 P.M.
Mr. Rufus Stevens, 205 Bess Street, stated his opposition of the request.
Commissioner Chapman closed the public hearing at 7:24 P.M.
12. 2019-892 Make recommendation to City Council regarding the proposed
permanent zoning of 4.492 acres at 23 Old San Antonio Road
(KAD 15828) and (KAD 15829) from R-A, Single-Family Residential
- Agricultural District, to B-1, High-Density Residential and
Neighborhood Commercial District (Harpole Willis Jay).
Ms. Laura Talley explained the proposed permanent zoning request. The
property was recently annexed into the city and approved by City
Council. Staff recommended the zoning request as presented consistent
with the Future Land Use plan.
COMMISSIONER ANZOLLITO MADE A MOTION TO MAKE AN ALTERNATIVE
RECOMMENDATION TO CITY COUNCIL REGARDING THE PROPOSED
PERMANENT ZONING OF 4.492 ACRES AT 23 OLD SAN ANTONIO ROAD (KAD
15828) AND (KAD 15829) FROM R-A, SINGLE-FAMILY RESIDENTIAL -
AGRICULTURAL DISTRICT, TO R-A, SINGLE-FAMILY RESIDENTIAL -
AGRICULTURAL DISTRICT. (HARPOLE WILLIS JAY). COMMISSIONER KANA
SECONDED THE MOTION. THE MOTION CARRIED BY THE FOLLOWING VOTE:
Yeah: 6 - Commissioner Hayward, Commissioner Dunning,
Commissioner Cates, Commissioner Anzollitto, Commissioner
Bird, and Commissioner Kana
Nay: 1 - Commissioner Cohoon
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
13. PUBLIC HEARING
2019-893 a. To consider the proposed permanent zoning of 2.372 acres at
34 Herff Road (KAD 15868) and (KAD 34998) from R-A,
Single-Family Residential - Agricultural District, to B-1,
High-Density Residential and Neighborhood Commercial District
(Harpole Willis J).
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Commissioner Chapman opened the public hearing at 7:26 P.M
There were no comments.
Commissioner Chapman closed the public hearing at 7:26 P.M.
14. 2019-894 Make recommendation to City Council regarding the proposed
permanent zoning of 2.372 acres at 34 Herff Road (KAD 15868)
and (KAD 34998) from R-A, Single-Family Residential - Agricultural
District, to B-1, High-Density Residential and Neighborhood
Commercial District (Harpole Willis J).
Ms. Laura Talley explained the proposed permanent zoning request. The
property was recently annexed into the city and approved by City
Council. Staff recommended the zoning request as presented consistent
with the Future Land Use plan.
COMMISSIONER BIRD MADE A MOTION TO MAKE AN ALTERNATIVE
RECOMMENDATION TO CITY COUNCIL REGARDING THE PROPOSED
PERMANENT ZONING OF 2.372 ACRES AT 34 HERFF ROAD (KAD 15868) AND
(KAD 34998) FROM R-A, SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL
DISTRICT, TO R-A, SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL DISTRICT
(HARPOLE WILLIS J). COMMISSIONER DUNNING SECONDED THE MOTION.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
Yeah: 6 - Commissioner Hayward, Commissioner Dunning,
Commissioner Cates, Commissioner Anzollitto, Commissioner
Bird, and Commissioner Kana
Nay: 1 - Commissioner Cohoon
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
15. PUBLIC HEARING
2019-895 a. To consider the proposed permanent zoning of 4.37 acres at
36 Herff Road (KAD 15865) from R-A, Single-Family Residential -
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Agricultural District, to B-1, High-Density Residential and
Neighborhood Commercial District (Harpole Willis Jay).
Commissioner Chapman opened the public hearing at 7:28 P.M.
Mr. Rufus Stevens, 205 Bess Street, stated his opposition to the zoning
request.
Ms. Donna Taylor, (Cibolo Preserve), stated her opposition to the zoning
request.
Commissioner Chapman closed the public hearing at 7:33 P.M.
16. 2019-896 Make recommendation to City Council regarding the proposed
permanent zoning of 4.37 acres at 36 Herff Road (KAD 15865)
from R-A, Single-Family Residential - Agricultural District, to B-1,
High-Density Residential and Neighborhood Commercial District
(Harpole Willis Jay).
Ms. Laura Talley explained the proposed permanent zoning request. The
property was recently annexed into the city and approved by City
Council. Staff recommended the zoning request as presented consistent
with the Future Land Use plan.
Commissioners shared their concerns regarding stream setbacks and
drainage uses.
COMMISSIONER CATES MADE A MOTION TO MAKE AN ALTERNATIVE
RECOMMENDATION TO CITY COUNCIL REGARDING THE PROPOSED
PERMANENT ZONING OF 4.37 ACRES AT 36 HERFF ROAD (KAD 15865) FROM
R-A, SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL DISTRICT, TO R-A,
SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL DISTRICT (HARPOLE WILLIS J).
COMMISSIONER ANZOLLITTO SECONDED THE MOTION. THE MOTION
CARRIED BY THE FOLLOWING VOTE:
Yeah: 7 - Commissioner Cohoon, Commissioner Hayward,
Commissioner Dunning, Commissioner Cates, Commissioner
Anzollitto, Commissioner Bird, and Commissioner Kana
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
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17. PUBLIC HEARING
2019-897 a. To consider the proposed permanent zoning of 6.01 acres at
39 Herff Road (KAD 63556) and (KAD 63557) from R-A,
Single-Family Residential - Agricultural District, to B-1,
High-Density Residential and Neighborhood Commercial District
(Fellows Barbara K).
Commissioner Chapman opened the public hearing at 7:42 P.M.
Mr. Rufus Stevens, 205 Bess Street, stated his opposition to the zoning
request.
Mr. J.W. Pieper, 354 Park Ridge, (trustee of the Cibolo Preserve), stated
his opposition to the zoning request.
Ms. Donna Taylor, (Cibolo Preserve), stated her opposition to the zoning
request.
Commissioner Chapman closed the public hearing at 7:49 P.M.
18. 2019-898 Make recommendation to City Council regarding the proposed
permanent zoning of 6.01 acres at 39 Herff Road (KAD 63556)
and (KAD 63557) from R-A, Single-Family Residential - Agricultural
District, to B-1, High-Density Residential and Neighborhood
Commercial District (Fellows Barbara K).
Ms. Laura Talley explained the proposed permanent zoning request. The
property was recently annexed into the city and approved by City
Council. Staff recommended the zoning request as presented consistent
with the Future Land Use plan.
COMMISSIONER HAYWARD MADE A MOTION TO MAKE AN ALTERNATIVE
RECOMMENDATION TO CITY COUNCIL REGARDING THE PROPOSED
PERMANENT ZONING OF 6.01 ACRES AT 39 HERFF ROAD (KAD 63556) AND
(KAD 63557) FROM R-A, SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL
DISTRICT, TO R-A, SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL DISTRICT
(FELLOWS BARBARA K). COMMISSIONER CATES SECONDED THE MOTION.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
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Yeah: 7 - Commissioner Cohoon, Commissioner Hayward,
Commissioner Dunning, Commissioner Cates, Commissioner
Anzollitto, Commissioner Bird, and Commissioner Kana
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
19. PUBLIC HEARING
2019-899 a. To consider the proposed permanent zoning of 5.079 acres at
31001 Interstate 10 West (KAD 12292) from R-A, Single-Family
Residential - Agricultural District, to I, Industrial District (VBM
Boerne Land LLC).
Commissioner Chapman opened the public hearing at 7:51 P.M.
Mr. Taylor Allen, Big Red Dog Engineering, spoke regarding the future use
and planned development for property at this location.
Commissioner Chapman closed the public hearing at 7:54 P.M.
20. 2019-900 Make recommendation to City Council regarding the proposed
permanent zoning of 5.079 acres at 31001 Interstate 10 West
(KAD 12292) from R-A, Single-Family Residential - Agricultural
District, to I, Industrial District (VBM Boerne Land LLC).
Ms. Laura Talley explained the proposed permanent zoning request. The
property was recently annexed into the city and approved by City
Council. Staff recommended the zoning request as presented consistent
with the Future Land Use plan.
COMMISSIONER ANZOLLITTO MADE A MOTION TO MAKE
RECOMMENDATION TO CITY COUNCIL REGARDING THE PROPOSED
PERMANENT ZONING OF 5.079 ACRES AT 31001 INTERSTATE 10 WEST (KAD
12292) FROM R-A, SINGLE-FAMILY RESIDENTIAL - AGRICULTURAL DISTRICT,
TO I, INDUSTRIAL DISTRICT (VBM BOERNE LAND LLC). COMMISSIONER
DUNNING SECONDED THE MOTION. THE MOTION CARRIED BY THE
FOLLOWING VOTE:
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Yeah: 6 - Commissioner Cohoon, Commissioner Hayward,
Commissioner Dunning, Commissioner Cates, Commissioner
Anzollitto, and Commissioner Bird
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
Recused: 1 - Commissioner Kana
21. PUBLIC HEARING
2019-901 a. To consider the use of an Automobile Service with Outside
Storage in an I, Industrial District for 5.079 acres located at 31001
Interstate 10 West, (KAD 12292) (VBM Boerne Land LLC - Vic
Vaughan, Toyota).
Commissioner Chapman opened the public hearing at 7:55 P.M.
There were no comments.
Commissioner Chapman closed the public hearing at 7:57 P.M.
22. 2019-902 Make recommendation to City Council regarding the use of an
Automobile Service with Outside Storage in an I, Industrial District
for 5.079 acres located at 31001 Interstate 10 West, (KAD 12292)
(VBM Boerne Land LLC - Vic Vaughan, Toyota).
Ms. Laura Talley explained the proposed use of an automobile service
with outside storage. The bays are proposed to be screened. The
proposed zoning is supported by staff in this location. Staff
recommended the zoning request regarding the use of an Automobile
Service with Outside Storage as presented.
COMMISSIONER BIRD MADE A MOTION TO MAKE RECOMMENDATION TO
CITY COUNCIL REGARDING THE USE OF AN AUTOMOBILE SERVICE WITH
OUTSIDE STORAGE IN AN I, INDUSTRIAL DISTRICT FOR 5.079 ACRES LOCATED
AT 31001 INTERSTATE 10 WEST, (KAD 12292) (VBM BOERNE LAND LLC - VIC
VAUGHAN, TOYOTA). COMMISSIONER COHOON SECONDED THE MOTION.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
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Yeah: 6 - Commissioner Cohoon, Commissioner Hayward,
Commissioner Dunning, Commissioner Cates, Commissioner
Anzollitto, and Commissioner Bird
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
Recused: 1 - Commissioner Kana
23. 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 unconditionally.
2019-903 a. Esperanza Phase 1C (34 residential lots, and 5 open space lots)
(KAD 50520)
COMMISSIONER COHOON MADE A MOTION TO UNCONDITIONALLY
APPROVE THE FINAL PLAT FOR ESPERANZA PHASE 1C (34 RESIDENTIAL LOTS,
AND 5 OPEN SPACE LOTS) (KAD 50520). COMMISSIONER KANA SECONDED
THE MOTION. THE MOTION CARRIED BY THE FOLLOWING VOTE:
Yeah: 7 - Commissioner Cohoon, Commissioner Hayward,
Commissioner Dunning, Commissioner Cates, Commissioner
Anzollitto, Commissioner Bird, and Commissioner Kana
Absent: 1 - Chairman Davis
Abstain: 1 - Vice Chair Chapman
2019-904 b. Esperanza Phase 2C (22 residential lots, and 5 open space lots)
(KAD 15028)
COMMISSIONER COHOON MADE A MOTION TO UNCONDITIONALLY
APPROVE THE FINAL PLAT FOR ESPERANZA PHASE 2C (22 RESIDENTIAL LOTS,
AND 5 OPEN SPACE LOTS) (KAD 15028). COMMISSIONER KANA SECONDED
THE MOTION. THE MOTION CARRIED BY THE FOLLOWING VOTE:
Yeah: 7 - Commissioner Cohoon, Commissioner Hayward,
Commissioner Dunning, Commissioner Cates, Commissioner
Anzollitto, Commissioner Bird, and Commissioner Kana
Absent: 1 - Chairman Davis
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Abstain: 1 - Vice Chair Chapman
24. DISCUSSION ITEMS
2019-905 a. Update on workshop items
Ms. Laura Talley spoke regarding supplying public notices and
documents to the commission after zoning letters and notifications have
been sent to property owners. Ms. Talley presented to the commission a
list of plats that are currently under review.
Commissioner Chapman asked if the commission can be notified if/when
a plat becomes administratively complete. Ms. Talley confirmed, yes.
2019-906 b. Potential additional meetings - workshop or discussion items
Ms. Laura Talley stated the Mayor would like to bring up the topic for
any potential workshops or future topics of discussion that the
commission would like to have. Ms. Talley spoke regarding a possible
workshop on a UDC update. Commissioner Bird asked for a workshop on
communication. Commissioner Cates would like explanation from the
City Attorney on the House Bill 2840 and a clearer definition on the
30-day plat approval window. Commissioner Anzollitto sought
clarification on the definition of open space, and expressed his concerns
regarding the correct grading of slopes on individual lots within
developments.
25. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or
action may take place
26. ADJOURNMENT
Commissioner Chapman adjourned the Planning and Zoning Commission
meeting at 8:37 P.M.
THE CITY OF BOERNE PLANNING AND ZONING COMMISSION 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).
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_______________________________
P&Z Chairman
_______________________________
P&Z Secretary
Rollcall
Rollcall
Present 8 - Commissioner Patrick Cohoon, Commissioner Paula Hayward,
Vice Chair Cal Chapman, Commissioner Chesney Dunning,
Commissioner Bob Cates, Commissioner Joe Anzollitto,
Commissioner Bill Bird, and Commissioner Kyle Kana
Absent 1 - Chairman Joe Davis
City of Boerne Page 15 Printed on 1/14/2020
Agenda
AGENDA
PLANNING AND ZONING COMMISSION MEETING
BOERNE POLICE AND MUNICIPAL COURT COMPLEX, 124 OLD SAN ANTONIO ROAD
Monday, September 9, 2019 – 6:00 p.m.
1. CALL TO ORDER – 6:00 PM
Pledge of Allegiance to the United States Flag
Pledge of Allegiance to the Texas Flag
(Honor the Texas flag, I pledge allegiance to thee, Texas – one state under God, one
and indivisible.)
2. APPROVAL OF MINUTES
2019-881 Approval of Planning and Zoning Commission Minutes of the
meetings held August 5, 2019.
Attachments: 19-0805 Meeting Minutes Sept0319
3. CONFLICTS OF INTEREST
4. PUBLIC 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)
5. PUBLIC HEARING
2019-883 a. To consider the proposed rezoning of 0.5 acre at 32840
Interstate 10 West (KAD 26884) from I, Industrial District, to B-2,
Highway Commercial District. (Kenneth W. Seamans).
Attachments: Public Hearing - 32840 IH10 W - Rezoning Request
Att 1 - 32840 IH 10 WEST - LOCATION MAP
Att 2 - 32840 IH 10 WEST - AERIAL MAP
Att 3 - 32840 IH10 WEST - CURRENT ZONING MAP
Att 4 - 32840 IH10 WEST - PROPOSED ZONING MAP
Att 5 - 32840 IH10 WEST - FUTURE LAND USE MAP
Att 6 - I Uses
Att 7 - B-2 Uses
City of Boerne Page 1 Printed on 9/5/2019
Planning and Zoning Agenda September 9, 2019
Commission
2019-885 Make recommendation to City Council regarding the proposed
rezoning of 0.5 acre at 32840 Interstate 10 West (KAD 26884)
from I, Industrial District, to B-2, Highway Commercial District.
(Kenneth W. Seamans).
Attachments: Recommendation Summary - 32840 IH10 W - Rezoning Request
Att 1 - 32840 IH 10 WEST - LOCATION MAP
Att 2 - 32840 IH 10 WEST - AERIAL MAP
Att 3 - 32840 IH10 WEST - CURRENT ZONING MAP
Att 4 - 32840 IH10 WEST - PROPOSED ZONING MAP
Att 5 - 32840 IH10 WEST - FUTURE LAND USE MAP
Att 6 - I Uses
Att 7 - B-2 Uses
PUBLIC HEARING
2019-887 a. To consider the proposed permanent zoning of 0.545 acre at
19 Old San Antonio Road (KAD 15817) from R-A, Single-Family
Residential - Agricultural District, to B-1, High-Density Residential
and Neighborhood Commercial District (Amari Arvelene Ann).
Attachments: Public Hearing Summary - 19 Old San Antonio - Permanent Zoning Request
Att 1 - 19 OLD SAN ANTONIO - LOCATION MAP
Att 2 - 19 OLD SAN ANTONIO - AERIAL MAP
Att 3 - 19 OLD SAN ANTONIO - FUTURE LAND USE MAP
Att 4 - 19 OLD SAN ANTONIO - CURRENT ZONING MAP
Att 5 - 19 OLD SAN ANTONIO - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
City of Boerne Page 2 Printed on 9/5/2019
Planning and Zoning Agenda September 9, 2019
Commission
2019-888 Make recommendation to City Council regarding the proposed
permanent zoning of 0.545 acre at 19 Old San Antonio Road (KAD
15817) from R-A, Single-Family Residential - Agricultural District,
to B-1, High-Density Residential and Neighborhood Commercial
District (Amari Arvelene Ann).
Attachments: Recommendation Summary - 19 Old San Antonio - Permanent Zoning Request
Att 1 - 19 OLD SAN ANTONIO - LOCATION MAP
Att 2 - 19 OLD SAN ANTONIO - AERIAL MAP
Att 3 - 19 OLD SAN ANTONIO - FUTURE LAND USE MAP
Att 4 - 19 OLD SAN ANTONIO - CURRENT ZONING MAP
Att 5 - 19 OLD SAN ANTONIO - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
PUBLIC HEARING
2019-889 a. To consider the proposed permanent zoning of 1.899 acres at
21 Old San Antonio Road (KAD 15816) from R-A, Single-Family
Residential - Agricultural District, to B-1, High-Density Residential
and Neighborhood Commercial District (Obadia Jacob).
Attachments: Public Hearing Summary - 21 Old San Antonio - Permanent Zoning Request
Att 1 - 21 OLD SAN ANTONIO - LOCATION MAP
Att 2 - 21 OLD SAN ANTONIO - AERIAL MAP
Att 3 - 21 OLD SAN ANTONIO - FUTURE LAND USE MAP
Att 4 - 21 OLD SAN ANTONIO - CURRENT ZONING MAP
Att 5 - 21 OLD SAN ANTONIO - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
City of Boerne Page 3 Printed on 9/5/2019
Planning and Zoning Agenda September 9, 2019
Commission
2019-890 Make recommendation to City Council regarding the proposed
permanent zoning of 1.899 acres at 21 Old San Antonio Road
(KAD 15816) from R-A, Single-Family Residential - Agricultural
District, to B-1, High-Density Residential and Neighborhood
Commercial District (Obadia Jacob).
Attachments: Recommendation Summary - 21 Old San Antonio - Permanent Zoning Request
Att 1 - 21 OLD SAN ANTONIO - LOCATION MAP
Att 2 - 21 OLD SAN ANTONIO - AERIAL MAP
Att 3 - 21 OLD SAN ANTONIO - FUTURE LAND USE MAP
Att 4 - 21 OLD SAN ANTONIO - CURRENT ZONING MAP
Att 5 - 21 OLD SAN ANTONIO - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
PUBLIC HEARING
2019-891 a. To consider the proposed permanent zoning of 4.492 acres at
23 Old San Antonio Road (KAD 15828) and (KAD 15829) from
R-A, Single-Family Residential - Agricultural District, to B-1,
High-Density Residential and Neighborhood Commercial District
(Harpole Willis Jay).
Attachments: Public Hearing Summary - 23 Old San Antonio - Permanent Zoning Request
Att 1 - 23 OLD SAN ANTONIO - LOCATION MAP
Att 2 - 23 OLD SAN ANTONIO - AERIAL MAP
Att 3 - 23 OLD SAN ANTONIO - FUTURE LAND USE MAP
Att 4 - 23 OLD SAN ANTONIO - CURRENT ZONING MAP
Att 5 - 23 OLD SAN ANTONIO - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
City of Boerne Page 4 Printed on 9/5/2019
Planning and Zoning Agenda September 9, 2019
Commission
2019-892 Make recommendation to City Council regarding the proposed
permanent zoning of 4.492 acres at 23 Old San Antonio Road
(KAD 15828) and (KAD 15829) from R-A, Single-Family
Residential - Agricultural District, to B-1, High-Density Residential
and Neighborhood Commercial District (Harpole Willis Jay).
Attachments: Recommendation Summary - 23 Old San Antonio - Permanent Zoning Request
Att 1 - 23 OLD SAN ANTONIO - LOCATION MAP
Att 2 - 23 OLD SAN ANTONIO - AERIAL MAP
Att 3 - 23 OLD SAN ANTONIO - FUTURE LAND USE MAP
Att 4 - 23 OLD SAN ANTONIO - CURRENT ZONING MAP
Att 5 - 23 OLD SAN ANTONIO - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
PUBLIC HEARING
2019-893 a. To consider the proposed permanent zoning of 2.372 acres at
34 Herff Road (KAD 15868) and (KAD 34998) from R-A,
Single-Family Residential - Agricultural District, to B-1,
High-Density Residential and Neighborhood Commercial District
(Harpole Willis J).
Attachments: Public Hearing Summary - 34 Herff Road - Permanent Zoning Request
Att 1 - 34 HERFF ROAD - LOCATION MAP
Att 2 - 34 HERFF ROAD - AERIAL MAP
Att 3 - 34 HERFF ROAD - FUTURE LAND USE MAP
Att 4 - 34 HERFF ROAD - CURRENT ZONING MAP
Att 5 - 34 HERFF ROAD - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
City of Boerne Page 5 Printed on 9/5/2019
Planning and Zoning Agenda September 9, 2019
Commission
2019-894 Make recommendation to City Council regarding the proposed
permanent zoning of 2.372 acres at 34 Herff Road (KAD 15868)
and (KAD 34998) from R-A, Single-Family Residential -
Agricultural District, to B-1, High-Density Residential and
Neighborhood Commercial District (Harpole Willis J).
Attachments: Recommendation Summary - 34 Herff Road - Permanent Zoning Request
Att 1 - 34 HERFF ROAD - LOCATION MAP
Att 2 - 34 HERFF ROAD - AERIAL MAP
Att 3 - 34 HERFF ROAD - FUTURE LAND USE MAP
Att 4 - 34 HERFF ROAD - CURRENT ZONING MAP
Att 5 - 34 HERFF ROAD - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
PUBLIC HEARING
2019-895 a. To consider the proposed permanent zoning of 4.37 acres at
36 Herff Road (KAD 15865) from R-A, Single-Family Residential -
Agricultural District, to B-1, High-Density Residential and
Neighborhood Commercial District (Harpole Willis Jay).
Attachments: Public Hearing Summary - 36 Herff Road- Permanent Zoning Request
Att 1 - 36 HERFF ROAD - LOCATION MAP
Att 2 - 36 HERFF ROAD - AERIAL MAP
Att 3 - 36 HERFF ROAD - FUTURE LAND USE MAP
Att 4 - 36 HERFF ROAD - CURRENT ZONING MAP
Att 5 - 36 HERFF ROAD - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
City of Boerne Page 6 Printed on 9/5/2019
Planning and Zoning Agenda September 9, 2019
Commission
2019-896 Make recommendation to City Council regarding the proposed
permanent zoning of 4.37 acres at 36 Herff Road (KAD 15865)
from R-A, Single-Family Residential - Agricultural District, to B-1,
High-Density Residential and Neighborhood Commercial District
(Harpole Willis Jay).
Attachments: Recommendation Summary - 36 Herff Road- Permanent Zoning Request
Att 1 - 36 HERFF ROAD - LOCATION MAP
Att 2 - 36 HERFF ROAD - AERIAL MAP
Att 3 - 36 HERFF ROAD - FUTURE LAND USE MAP
Att 4 - 36 HERFF ROAD - CURRENT ZONING MAP
Att 5 - 36 HERFF ROAD - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
PUBLIC HEARING
2019-897 a. To consider the proposed permanent zoning of 6.01 acres at
39 Herff Road (KAD 63556) and (KAD 63557) from R-A,
Single-Family Residential - Agricultural District, to B-1,
High-Density Residential and Neighborhood Commercial District
(Fellows Barbara K).
Attachments: Public Hearing Summary - 39 Herff Road- Permanent Zoning Request
Att 1 - 39 HERFF ROAD - LOCATION MAP
Att 2 - 39 HERFF ROAD - AERIAL MAP
Att 3 - 39 HERFF ROAD - FUTURE LAND USE MAP
Att 4 - 39 HERFF ROAD - CURRENT ZONING MAP
Att 5 - 39 HERFF ROAD - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
City of Boerne Page 7 Printed on 9/5/2019
Planning and Zoning Agenda September 9, 2019
Commission
2019-898 Make recommendation to City Council regarding the proposed
permanent zoning of 6.01 acres at 39 Herff Road (KAD 63556)
and (KAD 63557) from R-A, Single-Family Residential -
Agricultural District, to B-1, High-Density Residential and
Neighborhood Commercial District (Fellows Barbara K).
Attachments: Recommendation Summary - 39 Herff Road- Permanent Zoning Request
Att 1 - 39 HERFF ROAD - LOCATION MAP
Att 2 - 39 HERFF ROAD - AERIAL MAP
Att 3 - 39 HERFF ROAD - FUTURE LAND USE MAP
Att 4 - 39 HERFF ROAD - CURRENT ZONING MAP
Att 5 - 39 HERFF ROAD - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - B-1 Uses
PUBLIC HEARING
2019-899 a. To consider the proposed permanent zoning of 5.079 acres at
31001 Interstate 10 West (KAD 12292) from R-A, Single-Family
Residential - Agricultural District, to I, Industrial District (VBM
Boerne Land LLC).
Attachments: Public Hearing Summary - 31001 IH10 West - Permanent Zoning Request
Att 1 - 31001 IH10 WEST - LOCATION MAP
Att 2 - 31001 IH10 WEST - AERIAL MAP
Att 3 - 31001 IH10 WEST - FUTURE LAND USE MAP
Att 4 - 31001 IH10 WEST - CURRENT ZONING MAP
Att 5- 31001 IH10 WEST - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - I Uses
City of Boerne Page 8 Printed on 9/5/2019
Planning and Zoning Agenda September 9, 2019
Commission
2019-900 Make recommendation to City Council regarding the proposed
permanent zoning of 5.079 acres at 31001 Interstate 10 West
(KAD 12292) from R-A, Single-Family Residential - Agricultural
District, to I, Industrial District (VBM Boerne Land LLC).
Attachments: Recommendation Summary - 31001 IH10 West - Permanent Zoning Request
Att 1 - 31001 IH10 WEST - LOCATION MAP
Att 2 - 31001 IH10 WEST - AERIAL MAP
Att 3 - 31001 IH10 WEST - FUTURE LAND USE MAP
Att 4 - 31001 IH10 WEST - CURRENT ZONING MAP
Att 5- 31001 IH10 WEST - PROPOSED ZONING MAP
Att 6 - R-A Uses
Att 7 - I Uses
PUBLIC HEARING
2019-901 a. To consider the use of an Automobile Service with Outside
Storage in an I, Industrial District for 5.079 acres located at
31001 Interstate 10 West, (KAD 12292) (VBM Boerne Land LLC -
Vic Vaughan, Toyota).
Attachments: Public Hearing Summary - 31001 IH10 West Toyota Autobody - Use Request
Att 1 - 31001 IH10 WEST - LOCATION MAP
Att 2 - 31001 IH10 WEST - AERIAL MAP
Att 3 - 31001 IH10 WEST - ZONING MAP
Att 4 - I Uses
2019-902 Make recommendation to City Council regarding the use of an
Automobile Service with Outside Storage in an I, Industrial
District for 5.079 acres located at 31001 Interstate 10 West,
(KAD 12292) (VBM Boerne Land LLC - Vic Vaughan, Toyota).
Attachments: Recommendation Summary - 31001 IH10 Toyota Autobody - Use Request
Att 1 - 31001 IH10 WEST - LOCATION MAP
Att 2 - 31001 IH10 WEST - AERIAL MAP
Att 3 - 31001 IH10 WEST - ZONING MAP
Att 4 - I Uses
City of Boerne Page 9 Printed on 9/5/2019
Planning and Zoning Agenda September 9, 2019
Commission
9. 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 unconditionally.
2019-903 a. Esperanza Phase 1C (34 residential lots, and 5 open space lots)
(KAD 50520)
Attachments: Summary - Esperanza 1C Final Plat
Att 1 - Esperanza 1C - Location Map
Att 2 - Esperanza 1C - Final Plat
Att 3 - Esperanza 1C - POD
2019-904 b. Esperanza Phase 2C (22 residential lots, and 5 open space lots)
(KAD 15028)
Attachments: Summary - Esperanza 2C Final Plat
Att 1 - Esperanza 2C - Location Map
Att 2 - Esperanza 2C - Final Plat
Att 3 - ESPERANZA 2C - POD GDP
DISCUSSION ITEMS
2019-905 a. Update on workshop items
2019-906 b. Potential additional meetings - workshop or discussion items
10. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or
action may take place
11. ADJOURNMENT
THE CITY OF BOERNE PLANNING AND ZONING COMMISSION 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).
City of Boerne Page 10 Printed on 9/5/2019
Planning and Zoning Agenda September 9, 2019
Commission
_______________________________
Administrative Officer
CERTIFICATION
I herby certify that the above notice of meeting was posted on the 5th day of
September, 2019 by 5:00 p.m.
_______________________________
Secretary
NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS
The Police/Municipal Court 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 Planning and Community Development 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 11 Printed on 9/5/2019
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