Planning and Zoning Commission
Regular MeetingBoerne, TX · May 4, 2020
Minutes
MINUTES
PLANNING AND ZONING COMMISSION MEETING
CITY COUNCIL CHAMBERS
447 North Main Street
Monday, May 4, 2020 – 6:00 p.m.
Minutes of the Regular Called Planning and Zoning Commission Meeting
of May 4, 2020 at 6:00 p.m.
Present 8 - Commissioner Patrick Cohoon, Commissioner Paula Hayward,
Chairman Joe Davis, Commissioner Chesney Dunning,
Commissioner Bob Cates, Commissioner Joe Anzollitto,
Commissioner Bill Bird, and Commissioner Kyle Kana
Absent 1 - Vice Chair Cal Chapman
Staff: Jeff Thompson, Barbara Quirk, Laura Talley, Lori Carroll, Rebecca
Pacini, Sara Serra-Bennett, Heather Wood, Shelby Allen, Cheryl Roger,
Mike Raute, Mick McKamie
Guests: Laura Hess, Burton Sponhaltz, Joyce Sponhaltz, Patrick
Christensen, Robin Saunders, Eben Muir
1. CALL TO ORDER – 6:00 PM
Chairman Joe Davis called the Planning and Zoning Commission to order
at 6:00p.m.
2. CONFLICTS OF INTEREST
No conflicts were declared.
3. 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)
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Planning and Zoning Commission Official Meeting Minutes May 4, 2020
No comments were received.
4. CONSENT AGENDA
2020-313 CONSIDER THE MINUTES OF THE REGULAR PLANNING AND
ZONING COMMISSION MEETING OF MARCH 2, 2020
2020-314 CONSIDER THE MINUTES OF THE SPECIAL CALLED PLANNING AND
ZONING COMMISSION MEETING OF MARCH 25, 2020.
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER DUNNING, TO APPROVE THE MINUTES OF BOTH THE
REGULAR PLANNING AND ZONING COMMISSION MEETING OF MARCH 2,
2020 AND THE SPECIAL CALLED PLANNING AND ZONING COMMISSION
MEETING OF MARCH 25, 2020.
YEAH: 7-Commissioner Patrick Cohoon, Commissioner Paula Hayward,
Commissioner Chesney Dunning, Commissioner Bob Cates,
Commissioner Joe Anzollitto, Commissioner Bill Bird, Commissioner Kyle
Kana
APPROVED: 7-0
5. PUBLIC HEARING-TO HEAR COMMENTS ON THE FOLLOWING:
2020-315 CONSIDER THE PROPOSED REZONING OF 0.341 ACRES LOCATED
AT 602 FREY STREET (KAD 18988) FROM R-1, MEDIUM-DENSITY
SINGLE-FAMILY RESIDENTIAL DISTRICT, TO O, OFFICE DISTRICT.
(BURTON AND JOYCE SPONHALTZ)
Chairman Joe Davis opened the Public Hearing at 6:11 p.m.
Ms. Laura Hess, daughter of the property owner, spoke in favor of the
re-zoning request.
Robin Saunders, local realtor, stated they have had inquiries on this
property for potential office space use. She also spoke of the
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Planning and Zoning Commission Official Meeting Minutes May 4, 2020
surrounding properties that are currently utilized as commercial
properties.
Chairman Joe Davis closed the Public Hearing at 6:15 p.m.
2020-316 CONSIDER THE ZONING OF 5.155 ACRES OF TXDOT
RIGHT-OF-WAY TO B-2, HIGHWAY COMMERCIAL (IH-10
“SURPLUS NORTH” TRACT THAT ADJOINS THE FUTURE BUC-EES
DEVELOPMENT LOCATED AT 33375 IH-10 WEST). (APPLICANT,
STAN BEARD, BUC-EES FOR STATE OF TEXAS, TXDOT)
Chairman Joe Davis opened the Public Hearing at 6:15 p.m.
Mr. Patrick Christensen spoke on behalf of TxDOT.
Chairman Joe Davis closed the Public Hearing at 6:17 p.m.
6. TAKE ANY NECESSARY ACTION RESULTING FROM THE PUBLIC HEARINGS:
2020-317 MAKE RECOMMENDATION TO CITY COUNCIL REGARDING THE
PROPOSED REZONING OF 0.341 ACRES LOCATED AT 602 FREY
STREET (KAD 18988) FROM R-1, MEDIUM-DENSITY
SINGLE-FAMILY RESIDENTIAL DISTRICT, TO O, OFFICE DISTRICT.
(BURTON AND JOYCE SPONHALTZ).
A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY
COMMISSIONER HAYWARD, TO MAKE A RECOMMENDATION TO CITY
COUNCIL TO APPROVE THE PROPOSED REZONING OF 0.341 ACRES
LOCATED AT 602 FREY STREET (KAD 18988) FROM R-1, MEDIUM-DENSITY
SINGLE-FAMILY RESIDENTIAL DISTRICT, TO O, OFFICE DISTRICT. (BURTON
AND JOYCE SPONHALTZ) THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEAH: 7-Commissioner Patrick Cohoon, Commissioner Paula Hayward,
Commissioner Chesney Dunning, Commissioner Bob Cates,
Commissioner Joe Anzollitto, Commissioner Bill Bird, Commissioner Kyle
Kana
APPROVED: 7-0
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Planning and Zoning Commission Official Meeting Minutes May 4, 2020
2020-318 MAKE RECOMMENDATION TO CITY COUNCIL REGARDING THE
PROPOSED ZONING OF 5.155 ACRES OF TXDOT RIGHT-OF-WAY
TO B-2, HIGHWAY COMMERCIAL. (IH-10 “SURPLUS NORTH”
TRACT THAT ADJOINS THE FUTURE BUC-EES DEVELOPMENT
LOCATED AT 33375 IH-10 WEST) (APPLICANT, STAN BEARD,
BUC-EES FOR STATE OF TEXAS, TXDOT)
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER BIRD, TO MAKE A RECOMMENDATION TO CITY COUNCIL
TO APPROVE THE PROPOSED ZONING OF 5.155 ACRES OF TXDOT
RIGHT-OF-WAY TO B-2, HIGHWAY COMMERCIAL. (IH-10 “SURPLUS
NORTH” TRACT THAT ADJOINS THE FUTURE BUC-EES DEVELOPMENT
LOCATED AT 33375 IH-10 WEST) (APPLICANT, STAN BEARD, BUC-EES FOR
STATE OF TEXAS, TXDOT). THE MOTION CARRIED BY THE FOLLOWING
VOTE:
YEAH: 7-Commissioner Patrick Cohoon, Commissioner Paula Hayward,
Commissioner Chesney Dunning, Commissioner Bob Cates,
Commissioner Joe Anzollitto, Commissioner Bill Bird, Commissioner Kyle
Kana
APPROVED: 7-0
7. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action
may take place
Ms. Laura Talley gave update on Unified Development Code.
No comments were made from Legal Counsel .
8. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: THE
PLANNING AND ZONING COMMISSION MAY, AS PERMITTED BY LAW, ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME TO DISCUSS ANY MATTER LISTED ABOVE AS
AUTHORIZED BY CHAPTER 551 CODE §551.071 (CONSULTATION WITH ATTORNEY)
The Planning and Zoning Commission did not convene into Executive
Session.
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Planning and Zoning Commission Official Meeting Minutes May 4, 2020
9. ADJOURNMENT
Chairman Joe Davis adjourned the Planning and Zoning meeting at 6:36
p.m.
Approved:
_______________________________
Chairman
Attest:
_______________________________
Secretary
City of Boerne Page 5 Printed on 7/30/2020
Agenda
AGENDA
PLANNING AND ZONING COMMISSION MEETING
BOERNE CITY HALL
447 North Main Street
Monday, May 4, 2020 – 6:00 p.m.
Due to the COVID-19 pandemic, this meeting is being held telephonically only as
allowed by the Governor of Texas during this public health emergency. Please do not
attend the meeting in person.
You may join the Planning and Zoning Commission Meeting:
Join Zoom Meeting
https://zoom.us/j/97903412351
Dial in Toll Free: 1-888-788-0099
Or 1-877-853-5247
Meeting ID: 979 0341 2351
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. CONFLICTS OF INTEREST
3. Statement of Rules to apply for Public Comments by the Chairman.
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)
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)
The Planning and Zoning Commission will allot a maximum of 30 minutes for
Public
Comments. Presentations will be limited to 3 minutes per speaker.
City of Boerne Page 1 Printed on 5/1/2020
Planning and Zoning Agenda May 4, 2020
Commission
5. CONSENT AGENDA
2020-313 CONSIDER THE MINUTES OF THE REGULAR PLANNING AND
ZONING COMMISSION MEETING OF MARCH 2, 2020
Attachments: P &Z MEETING MARCH 2, 2020
2020-314 CONSIDER THE MINUTES OF THE SPECIAL CALLED PLANNING
AND ZONING COMMISSION MEETING OF MARCH 25, 2020.
Attachments: Minutes 20-0325
6. PUBLIC HEARING-TO HEAR COMMENTS ON THE FOLLOWING:
2020-315 CONSIDER THE PROPOSED REZONING OF 0.341 ACRES LOCATED
AT 602 FREY STREET (KAD 18988) FROM R-1, MEDIUM-DENSITY
SINGLE-FAMILY RESIDENTIAL DISTRICT, TO O, OFFICE DISTRICT.
(BURTON AND JOYCE SPONHALTZ)
Attachments: Summary - 602 Frey - Public Hearing
Att 1 - Location Map
Att 2 - Future Land Use
Att 3 - Current Zoning
Att 4 - Proposed Zoning
Att 5 - R-1 Uses
Att 6 - O Uses
2020-316 CONSIDER THE ZONING OF 5.155 ACRES OF TXDOT
RIGHT-OF-WAY TO B-2, HIGHWAY COMMERCIAL (IH-10
“SURPLUS NORTH” TRACT THAT ADJOINS THE FUTURE BUC-EES
DEVELOPMENT LOCATED AT 33375 IH-10 WEST). (APPLICANT,
STAN BEARD, BUC-EES FOR STATE OF TEXAS, TXDOT)
Attachments: Summary - TxDOT - Public Hearing
Att 1 - Location Map
Att 2 - TxDOT ROW Zoning Map
Att 3 - Future Land Use Map
Att 4 - Current Zoning Map
Att 5 - Proposed Zoning Map
Att 6 - B-2 Uses
7. TAKE ANY NECESSARY ACTION RESULTING FROM THE PUBLIC HEARINGS:
City of Boerne Page 2 Printed on 5/1/2020
Planning and Zoning Agenda May 4, 2020
Commission
2020-317 MAKE RECOMMENDATION TO CITY COUNCIL REGARDING THE
PROPOSED REZONING OF 0.341 ACRES LOCATED AT 602 FREY
STREET (KAD 18988) FROM R-1, MEDIUM-DENSITY
SINGLE-FAMILY RESIDENTIAL DISTRICT, TO O, OFFICE DISTRICT.
(BURTON AND JOYCE SPONHALTZ).
Attachments: Summary - 602 Frey - Recommendation
Att 1 - Location Map
Att 2 - Future Land Use
Att 3 - Current Zoning
Att 4 - Proposed Zoning
Att 5 - R-1 Uses
Att 6 - O Uses
Att 7 - Street View
2020-318 MAKE RECOMMENDATION TO CITY COUNCIL REGARDING THE
PROPOSED ZONING OF 5.155 ACRES OF TXDOT RIGHT-OF-WAY
TO B-2, HIGHWAY COMMERCIAL. (IH-10 “SURPLUS NORTH”
TRACT THAT ADJOINS THE FUTURE BUC-EES DEVELOPMENT
LOCATED AT 33375 IH-10 WEST) (APPLICANT, STAN BEARD,
BUC-EES FOR STATE OF TEXAS, TXDOT)
Attachments: Summary - Recommendation
Att 1 - Location Map
Att 2 - Future Land Use
Att 3 - Current Zoning Map
Att 4 - Proposed Zoning Map
Att 5 - B-2 Uses
8. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action
may take place
9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: THE
PLANNING AND ZONING COMMISSION MAY, AS PERMITTED BY LAW, ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME TO DISCUSS ANY MATTER LISTED ABOVE AS
AUTHORIZED BY CHAPTER 551 CODE §551.071 (CONSULTATION WITH ATTORNEY)
10. ADJOURNMENT
City of Boerne Page 3 Printed on 5/1/2020
Planning and Zoning Agenda May 4, 2020
Commission
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).
s/s Laura Talley
_______________________________
Administrative Officer
CERTIFICATION
I herby certify that the above notice of meeting was posted on the 1st day of May,
2020 at 3:00 p.m.
s/s Heather Wood
_______________________________
Secretary
NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS
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 4 Printed on 5/1/2020
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