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Planning and Zoning Commission

Regular Meeting

Boerne, TX · May 4, 2020

AgendaMinutes

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) City of Boerne Page 1 Printed on 7/30/2020 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 City of Boerne Page 2 Printed on 7/30/2020 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 City of Boerne Page 3 Printed on 7/30/2020 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. City of Boerne Page 4 Printed on 7/30/2020 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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