Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL 447 North Main Street Monday, June 1, 2020 – 6:00 p.m. Minutes of the Regular Called Planning and Zoning Commission Meeting of June 1, 2020 at 6:00 p.m. Present 7- Chairman Tim Bannwolf, Commissioner Patrick Cohoon, Commissioner Ricky Gleason, Commissioner Chesney Dunning, Commissio n e r Bob Cates, Commissioner Joe Anzollitto, and Commissioner Kyle Kana (via ZOOM) Absent 1- Commissioner Bill Bird Staff: Jeff Thompson, Barbara Quirk, Laura Talley, Barrett Squires, Antony Moy, Rebecca Pacini, Sara Serra-Bennett, Heather Wood, Jeff Carroll, Cheryl Rogers Guests: Crystal Heny, Jeff Hurtzer, John Kite, Aaron Mathis, Blaine Moffatt, Brian Moffatt, Jeremy Painter, Casey Stires, Drake Thompson, Josh Valenta 1. CALL TO ORDER – 6:00 PM ROLL CALL Chairman Tim Bannwolf called the Planning and Zoning Commission to order at 6:00 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. CONFLICTS OF INTEREST Commissioner Joe Anzollitto declared a conflict with Item Number 6. City of Boerne Page 1 Printed on 7/30/2020 Planning and Zoning Commission Official Meeting Minutes June 1, 2020 3. INTRODUCTION OF NEW MEMBERS BY THE CHAIR. ELECTION OF THE VICE CHAIR AND THE SECRETARY. Chairman Bannwolf gave a brief background on himself and newly appointed Commissioner Gleason. Chairman Bannwolf addressed the Commission to vote on a new Vice Chairman and Secretary for the Planning and Zoning Commission. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER GLEASON, TO ELECT COMMISSIONER CATES AS SECRETARY OF THE PLANNING AND ZONING COMMISSION. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEAH: 6- Commissioner Patrick Cohoon, Commissioner Ricky Gleason, Commissioner Chesney Dunning, Commissioner Bob Cates, Commissioner Joe Anzollitto, Commissioner Kyle Kana ABSENT: 1- Commissioner Bill Bird APPROVED: 6-0 A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER ANZOLLITTO, TO ELECT COMMISSIONER COHOON AS VICE CHAIRMAN OF THE PLANNING AND ZONING COMMISSION. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEAH: 6- Commissioner Patrick Cohoon, Commissioner Ricky Gleason, Commissioner Chesney Dunning, Commissioner Bob Cates, Commissioner Joe Anzollitto, Commissioner Kyle Kana ABSENT: 1- Commissioner Bill Bird APPROVED: 6-0 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) Chairman Bannwolf recognized members of the public wishing to speak. City of Boerne Page 2 Printed on 7/30/2020 Planning and Zoning Commission Official Meeting Minutes June 1, 2020 Josh Valenta, 217 Sparkling Springs, introduced himself to the Commission, making himself available for any questions regarding Item #7.A. John Kite, 114 Glade, spoke regarding the detention ponds on Bent Tree Item #7.A. Drake Thompson, 21232 Gavin Oak, spoke on behalf of Texas Homes regarding the development Plat for the Ranches at Creekside Unit 2. Casey Stires, 133 Boulder Creek, spoke in regards to the amenities center, specifically the kids splash pad that doesn't appear on the new plat for The Ranches at Creekside. 5. CONSENT AGENDA 5.A. 2020-367 THE MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING OF MAY 4, 2020. 5.B. 2020-368 CONDITIONAL APPROVAL OF THE FINAL PLAT FOR REGENT PARK UNIT 4, 35.701 ACRES, 119 RESIDENTIAL LOTS, 3 OPEN SPACE LOTS, AND 6.762 ACRES OF RIGHT-OF-WAY, LOCATED NORTHWEST OF BALMORAL PLACE AND REGENT BOULEVARD (KAD NO. 291871) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001B OF THE SUBDIVISION ORDINANCE. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER CATES, TO APPROVE THE CONSENT AGENDA, TO INCLUDE THE MINUTES OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING OF MAY 4, 2020. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEAH: 6- Commissioner Patrick Cohoon, Commissioner Ricky Gleason, Commissioner Chesney Dunning, Commissioner Bob Cates, Commissioner Joe Anzollitto, Commissioner Kyle Kana ABSENT: 1- Commissioner Bill Bird City of Boerne Page 3 Printed on 7/30/2020 Planning and Zoning Commission Official Meeting Minutes June 1, 2020 APPROVED: 6-0 6. 2020-369 CONSIDER THE DEVELOPMENT PLAT FOR THE RANCHES AT CREEKSIDE UNIT 4C, 3.333 ACRES, 1 PARK/AMENITY/OPEN SPACE LOT, LOCATED AT 351 COPPER CREEK (KAD NO. 49167). TAKE NECESSARY ACTION. Ms. Rebecca Pacini presented the development plat for the Ranches at Creekside and stated that staff recommends approval. Mr. Jeff Hutzler spoke and explained the amenities intended for the open space at the Ranches at Creekside to include a large swimming pool, with kid features, and a large beach entry. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER DUNNING, TO APPROVE THE DEVELOPMENT PLAT FOR THE RANCHES AT CREEKSIDE UNIT 4C, 3.333 ACRES, 1 PARK/AMENITY/OPEN SPACE LOT, LOCATED AT 351 COPPER CREEK (KAD NO. 49167). TAKE NECESSARY ACTION. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEAH: 5- Commissioner Patrick Cohoon, Commissioner Ricky Gleason, Commissioner Chesney Dunning, Commissioner Bob Cates, Commissioner Kyle Kana ABSTAINED: 1- Commissioner Joe Anzollitto ABSENT: 1- Commissioner Bill Bird APPROVED: 5-0 7. DISCUSSION ITEM: 7.A. 2020-371 BENT TREE SUBDIVISION DRAINAGE Ms. Laura Talley spoke explaining the typical order for phase two of the plat. Mr. Josh Valenta spoke and presented a background on the Master Plan for Bent Tree Unit 2, consisting of three phases. Mr. John Kite spoke stating he thought the plan was moving in the right City of Boerne Page 4 Printed on 7/30/2020 Planning and Zoning Commission Official Meeting Minutes June 1, 2020 direction. 8. 2020-370 CONSIDER THE PRELIMINARY PLAT FOR BENT TREE UNIT 2, 37.448 ACRES, 29 RESIDENTIAL LOTS, 2 OPEN SPACE LOTS, AND 3.37 ACRES OF PRIVATE RIGHT-OF-WAY, LOCATED SOUTH OF BENT TREE DRIVE (KAD NO. 13824). TAKE NECESSARY ACTION. Ms. Rebecca Pacini presented the Preliminary Plat for Bent Tree Unit 2 and stated that staff recommends approval. A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER COHOON, TO APPROVE THE PRELIMINARY PLAT FOR BENT TREE UNIT 2, 37.448 ACRES, 29 RESIDENTIAL LOTS, 2 OPEN SPACE LOTS, AND 3.37 ACRES OF PRIVATE RIGHT-OF-WAY, LOCATED SOUTH OF BENT TREE DRIVE (KAD NO. 13824). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEAH: 6- Commissioner Patrick Cohoon, Commissioner Ricky Gleason, Commissioner Chesney Dunning, Commissioner Bob Cates, Commissioner Joe Anzollitto, Commissioner Kyle Kana ABSENT: 1- Commissioner Bill Bird APPROVED: 6-0 9. 2020-372 CONSIDER A VARIANCE REQUEST TO SUBDIVISION ORDINANCE ARTICLE 5, SECTION 5.11.003, CERTAIN STREETS EXCLUDED THAT WOULD ALLOW FOR A PRIVATE STREET BE ALLOWED ON A THOROUGHFARE LOCATED AT 10 SPENCER ROAD (MATKIN-HOOVER ENGINEERING & SURVEYING FOR THE OWNER, FORESTAR (USA) REAL ESTATE GROUP, INC.) Item # 9 was withdrawn prior to the Planning and Zoning Commission Meeting. 10. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place Ms. Laura Talley gave a brief update on the status of the Unified Development Code. No comments were made from Legal Counsel. City of Boerne Page 5 Printed on 7/30/2020 Planning and Zoning Commission Official Meeting Minutes June 1, 2020 11. 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. 12. ADJOURNMENT Chairman Tim Bannwolf adjourned the Planning and Zoning Commission meeting at 6:34 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). _______________________________ Administrative Officer CERTIFICATION I herby certify that the above notice of meeting was posted on the 29th day of May, 2020 at 5:50 p.m. _______________________________ Secretary NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS Boerne City Hall 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. City of Boerne Page 6 Printed on 7/30/2020 Planning and Zoning Commission Official Meeting Minutes June 1, 2020 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 7/30/2020