Planning and Zoning Commission
Regular MeetingBoerne, TX · January 4, 2021
Minutes
MINUTES
PLANNING AND ZONING COMMISSION MEETING
BOERNE CITY HALL
447 North Main Street
Monday, January 4, 2021 – 6:00 p.m.
Minutes of the Planning and Zoning Commission Meeting of January 4,
2021 at 6:00 p.m.
Present 7- Chairman Tim Bannwolf, Vice Chairman Patrick Cohoon,
Commissioner Joe Anzollitto, Commissioner Bill Bird, Commissioner Ricky
Gleason, Commissioner Bob Cates, and Commissioner Chesney Dunning
Staff Present: Barbara Quirk, Jeff Thompson, Jeff Carroll, Cheryl Rogers,
Laura Talley, Barrett Squires, Rebecca Pacini, Sara Serra-Bennett, Heather
Wood, Krystal Brown
Recognized/ Registered Guests: Carissa Cox, Christina Ryrholm, Mike
Afsous, Gerald Payne, Shelley Bailey, Harriet Payne, Scott Billingsley, Jim
Ludwig, Mary Ludwig, Mike Vlieger, Ginger Vlieger, Don Rawls, Dinah
Rawls, Joe Davis, Tricia Turner, Mark Turner, Kelly Sutton, Julie Sutton,
JoAnn Calk, Wade Aday, Juliane Bartell, Patrick Bartell, Tyler Smurr,
Henry Friesenhahn, Tina Friesenhahn, Heather Smurr, Sherri Layton,
Steve Layton, Susan Greenlees, David Greenlees, Keri Sandvig, Tim
McCloskey, Steve Jones, Margaret Jones, Jeff Stewart, Boby Oliver, Ruth
Ann Lucchelli, Larry Stadelman, Pam Lucian, Dave Luciani, Jesse Soens,
David Brooks, Carol Shultz, Charles R. Francis, Paula Wells, Martha
Addington, Arleen Skwara, Tony Skwara, David Stiles, Lucas Hiler, Chris
Snyder, Denise Mazour, Jed Mazour, Blake Butry, Lynn Stokes, Christine
Jacobs, Cody Keller, David Spencer, Dan Waters, Daniel Clayton, Bobby
Zayne, Josh Valenta, Cali Redd, David Phillip, Kathy Phillip, Coy
McCollum, Lori McCollum, Daniel Clayton, Lisa Clayton, Lynn Stokes,
Christina Howe, Eve Betancourt, Sandra Pizzini, Larry Pizzini Jr., Ryan
Waikem, Elizabeth Moreno, Renee Buchanan, Veronika Brown
1. CALL TO ORDER – 6:00 PM
Chairman Bannwolf called the Planning and Zoning Commission to order
at 6:01 p.m.
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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 Cohoon declared conflicts with items 5.D. and 5.E.
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)
Chairman Bannwolf opened Public Comments at 6:05 p.m.
Joe Davis, resident at 122 Creekside Terrace, spoke on behalf of his client
who may be impacted by zoning changes in the new Unified
Development Code. He expressed concerns with his client possibly not
having an opportunity to address these zoning modifications.
4. CONSENT AGENDA: All items listed below within the Consent Agenda are
considered 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.
4.A. 2020-742 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING OF DECEMBER 7, 2020
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER DUNNING, TO APPROVE THE MINUTES OF THE PLANNING
AND ZONING COMMISSION MEETING OF DECEMBER 7, 2020. THE
MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- JOE ANZOLLITTO, BILL BIRD, PATRICK COHOON, RICKY GLEASON,
BOB CATES, CHESNEY DUNNING
Approved: 6-0
5. REGULAR AGENDA:
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5.A. 2020-743 TO CONSIDER THE PROPOSED REZONING OF 7.33 ACRES
LOCATED AT 134 GARDEN STREET (KAD 20006, 20007, 20009
AND 20010) FROM R-1, MEDIUM- DENSITY SINGLE-FAMILY
RESIDENTIAL DISTRICT, TO R-2, MODERATE - DENSITY
SINGLE-FAMILY RESIDENTIAL DISTRICT (GREENWAY COTTAGE
BUILDERS, LLC/ DAVE LUCIANI).
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY
COMMISSIONER ANZOLLITTO, TO UNTABLE THE PROPOSED REZONING OF
7.33 ACRES LOCATED AT 134 GARDEN STREET (KAD 20006, 20007, 20009
AND 20010) FROM R-1, MEDIUM- DENSITY SINGLE-FAMILY RESIDENTIAL
DISTRICT, TO R-2, MODERATE - DENSITY SINGLE-FAMILY RESIDENTIAL
DISTRICT (GREENWAY COTTAGE BUILDERS, LLC/ DAVE LUCIANI). THE
MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- JOE ANZOLLITTO, BILL BIRD, PATRICK COHOON, RICKY GLEASON,
BOB CATES, CHESNEY DUNNING
Approved: 6-0
Ms. Sara Serra-Bennett, City Planner II, presented the proposed rezoning.
Ms. Laura Talley spoke regarding the connection and use of the Old No. 9
trail as it relates to the proposed development.
Chairman Bannwolf called the Public Hearing to order at 6:23 p.m.
Christine Jacobs, resident at 127 Adler, spoke regarding her preference of
Plan A that has been presented. She mentioned concerns with privacy
and traffic from the proposed development.
Cody Keller, owner of 159 Adler and 163 Adler, spoke regarding the
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proposed plans, specifically Plan A. He expressed concerns with the
current property owner. He further expressed appreciation to Mr.
Luciani, developer of the property, for the time he took to redesign the
layout of the proposed development.
David Spencer, resident at 149 Kitty Kat Lane, spoke regarding the
neighborhood meetings he attended with fellow neighbors. He
expressed appreciation to City Councilman Ty Woolison, the Planning
and Zoning Commission and City staff. He explained the wide range of
potential issues with this property, his belief that Plan A is a better plan,
and encouraged the Commission to support Plan A.
David Luciani, resident at 109 Saddle Club Circle and developer,
explained his experience with this development process. He explained
his design to include luxury one story accommodations and that he felt
that an RN-1 zoning would be more appropriate based on his new plan.
Chairman Bannwolf closed the Public Hearing at 6:36 p.m.
Discussion ensued regarding various zoning categories appropriate for
the property/project, the differences in the two presented plans(Plan A,
Plan B), and the connectivity of this site plan to exterior streets.
Ms. Laura Talley, Director of Planning and Community Development,
explained a development agreement is not being considered for this
development.
A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY
COMMISSIONER CATES, TO RECOMMEND THE REZONING OF 7.33 ACRES
LOCATED AT 134 GARDEN STREET (KAD 20006, 20007, 20009 AND 20010)
FROM R-1, MEDIUM- DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT, TO
RN-1, NEIGHBORHOOD RESIDENTIAL DISTRICT (GREENWAY COTTAGE
BUILDERS, LLC/ DAVE LUCIANI).
Discussion continued regarding the basis of the proposed project being
on a good faith commitment. Commissioner Dunning had concerns with
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a verbal commitment from the developer leaving the site open to other
prospective developers once rezoned if Mr. Luciani's plan does not go
through.
Commissioner Gleason proposed to amend the main motion to apply
RN-1 to a portion of triangle (5.53 acres) and the 1.8 acres in North West
area fronting Adler to remain R-1.
A MOTION WAS MADE BY COMMISSIONER GLEASON, SECONDED BY
COMMISSIONER BIRD, TO AMEND THE MAIN MOTION TO APPLY RN-1,
NEIGHBORHOOD RESIDENTIAL DISTRICT, TO PORTION OF TRIANGLE (5.53
ACRES) AND THE 1.8 ACRES IN NORTH WEST AREA FRONTING ADLER TO
REMAIN R-1, MEDIUM- DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT.
THE MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AMENDMENT ALONE
YEA: 4- JOE ANZOLLITTO, BILL BIRD, RICKY GLEASON, CHESNEY DUNNING
NAY: 2- BOB CATES, PATRICK COHOON
Approved: 4-2
MOTION AS AMENDED - 6-0
YEA: 6- JOE ANZOLLITTO, BILL BIRD, PATRICK COHOON, RICKY GLEASON,
BOB CATES, CHESNEY DUNNING
Approved: 6-0
5.B. 2020-744 TO CONSIDER THE PROPOSED REZONING OF 5.33 ACRES
LOCATED AT 744 WEST SAN ANTONIO ROAD (KAD 14367) FROM
R-1, MEDIUM-DENSITY RESIDENTIAL DISTRICT, TO R-4,
MULTI-FAMILY RESIDENTIAL DISTRICT (GUILLERMO J. CAVAZOS)
I. STAFF PRESENTATION
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II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Ms. Sara Serra-Bennett presented the proposed rezoning.
Chairman Bannwolf opened the Public Hearing at 7:05p.m.
Gerald Payne, resident at 105 Hagen Drive, spoke in opposition of the
proposed rezoning and development. He mentioned concerns of noise
and property values decreasing.
Harriette Payne, resident at 105 Hagen Drive, spoke in opposition of the
proposed rezoning and development. She expressed concerns with the
placement being in the middle of residential development.
David Styles, resident at 112 Windsor Drive, addressed his concerns
regarding increased traffic on Lattimore as a short cut through the
subdivision and the potential increase of students at Fabra Elementary
School.
Dinah Rawls, 112 Hagen Drive, spoke stating concerns with the Future
Land Use plan and she questioned the transitional residential zoning.
She also expressed concerns with the developer not willing to meet with
the neighborhood, future property values being negatively impacted,
and possible noise and light pollution.
Scott Billingsley, resident at 209 West Hosack, spoke addressing potential
units per acre and height requirements in the proposed zoning. He
commented on property values that could be negatively impacted by the
proposed rezoning.
Lucas Highler, 607 North School Street, spoke in opposition of the
proposed rezoning and development. He expressed concerns with the
developer not willing to meet with the community at this stage of
planning and concerns with traffic and drainage.
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Henry Friesenhahn, resident at 225 Ludwig Drive, spoke in opposition of
the proposed rezoning and development. He mentioned concerns with
privacy, property values and the sustainability of the infrastructure in
the area.
Heather Smurr, resident at 109 Calk Lane, spoke in opposition of the
proposed rezoning and development. She expressed concerns with
drainage, speeding traffic down West San Antonio Avenue, flooding and
light pollution. She further mentioned concerns with Fabra Elementary
being overcrowded with new students if apartments were allowed to be
built in this area.
Blake Butry, resident 228 Creed Drive, spoke regarding issues with traffic,
the vision for Boerne and what else would be allowed in a R-4 zoning.
Lynn Stokes, resident at 809 West San Antonio Avenue, spoke in
opposition of the proposed development, specifically the high density
allowed in the proposed rezoning R-4 classification.
Dan Waters, resident at 125 Hagen, spoke in opposition of the proposed
rezoning/development and shared some of the same concerns as other
citizens.
Steve Clayton, spoke in opposition of the proposed
rezoning/development and shared some of the same concerns as other
citizens.
David Greenlees, resident at 213 Ludwig Drive, spoke in opposition of
the proposed rezoning/development and shared some of the same
concerns as other citizens.
Bobby Oliver, resident at 109 Hagen Drive, spoke in opposition of the
proposed rezoning/development and shared some of the same concerns
as other citizens.
Bobby Lane, resident at 309 Fischer Drive, spoke in opposition of the
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proposed rezoning/development and shared some of the same concerns
as other citizens.
Larry Pazini, resident at 6 Calk Lane, spoke in opposition of the proposed
rezoning/development and shared some of the same concerns as other
citizens.
Susan Greenlees, 213 Ludwig Drive, spoke stating concerns with possible
increase in crime and traffic. She further mentioned vandalism issues
they currently experience with landscape lights and she asked the
audience to stand in opposition.
Josh Valenta, 217 Sparkling Springs Drive, spoke on behalf of the
property owner. He mentioned the design idea is for approximately 20
fourplex structures(single building with four units) and referenced the
Boerne Master Plan.
Cali Redd, spoke on behalf of the property owner stating their intention
of developing single story units. She further mentioned that the
property was not originally in the city limits when purchased and the
financial burdens now placed on the property owner for rezoning.
Chairman Bannwolf closed Public Hearing at 8:02 p.m.
Ms. Talley clarified that the Land Use Plan identifies this area as
transitional residential and the zoning ordinance supplemental height
regulations provide height restraints.
Discussion ensued regarding transitional residential and missed
opportunities by the property owner for collaboration with the
neighbors.
Mr. Valenta spoke on behalf of his client stating they would likely be
willing to meet with neighbors in the community and concerned citizens.
Discussion continued regarding the property owner's right to request
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zoning without community involvement, not having appropriate
infrastructure to support this type of development and clarification that
the city does not make recommendation.
A MOTION WAS MADE BY COMMISSIONER GLEASON, SECONDED BY
COMMISSIONER CATES, TO DENY THE PROPOSED REZONING OF 5.33
ACRES LOCATED AT 744 WEST SAN ANTONIO ROAD (KAD 14367) FROM
R-1, MEDIUM-DENSITY RESIDENTIAL DISTRICT, TO R-4, MULTI-FAMILY
RESIDENTIAL DISTRICT (GUILLERMO J. CAVAZOS). THE MOTION CARRIED
BY THE FOLLOWING ROLL CALL VOTE:
YEA: 6- JOE ANZOLLITTO, BILL BIRD, PATRICK COHOON, RICKY GLEASON,
BOB CATES, CHESNEY DUNNING
Denied: 6-0
5.C. 2020-745 TO CONSIDER THE PROPOSED REZONING OF 3.57 ACRES
LOCATED AT 322 NORTH PLANT AVENUE (KAD 1999) FROM R-1,
MEDIUM-DENSITY RESIDENTIAL DISTRICT, TO R-3, HIGH-DENSITY
RESIDENTIAL DISTRICT (VICTOR SHEELY/ SOURCE TEXAS, LLC)
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Ms. Sara Serra-Bennett presented the proposed rezoning.
Chairman Bannwolf opened the Public Hearing at 8:15 p.m.
Chris Snyder, resident at 334 N. Plant Avenue, expressed concerns with
density of proposed rezoning, traffic, and water runoff.
James Mazour, resident at 309 N. Plant Ave, spoke regarding the possible
drainage issues and questioned what development is allowed in a R-3
zoning classification.
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Laura Talley clarified some differences in R-1, R-2, and R-3 zoning,
specific to how many residential lots/units are allowed and lot sizes.
Josh Valenta, 217 Sparkling Springs, spoke on behalf of the applicant. He
mentioned their participation in a neighborhood outreach meeting and
that his client may possibly be receptive to a R-2 zoning.
Chairman Bannwolf closed Public Hearing at 8:27 p.m.
Discussion ensued regarding drainage concerns and density allowed in a
R-3 and R-2.
Ms. Talley explained how drainage would be handled and that drainage
is addressed with every development.
A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY
COMMISSIONER COHOON, TO RECOMMEND THE REZONING OF 3.57
ACRES LOCATED AT 322 NORTH PLANT AVENUE (KAD 1999) FROM R-1,
MEDIUM-DENSITY RESIDENTIAL DISTRICT, TO R-2, MODERATE-DENSITY
RESIDENTIAL DISTRICT (VICTOR SHEELY/ SOURCE TEXAS, LLC). THE
MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
YEA: 6- JOE ANZOLLITTO, BILL BIRD, PATRICK COHOON, RICKY GLEASON,
BOB CATES, CHESNEY DUNNING
Approved: 6-0
5.D. 2020-746 TO CONSIDER THE PROPOSED REZONING OF 6.479
ACRESLOCATED IN THE COMMONS AT MENGER CREEK ON OLD
SAN ANTONIO ROAD (KAD 300529) FROM B-2, HIGHWAY
COMMERCIAL TO R-2, MODERATE DENSITY RESIDENTIAL (ALAN
NAUL/J-B BOERNE REALTY, LP).
Commissioner Cohoon recused himself from items 5.D. and 5.E. and left
the dais at 8:34 p.m.
Ms. Sara Serra-Bennett presented the proposed rezoning.
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Experienced technical difficulties with members who were attending via
Zoom at 8:37p.m.
Resumed meeting at 8:46 p.m.
Chairman Bannwolf opened the Public Hearing at 8:51 p.m.
Alan Naul, resident at 3899 Maple Avenue, Dallas, Texas and property
owner of proposed development, spoke regarding the idea to attract
younger professionals and empty nesters with this luxury townhome
concept.
Chairman Bannwolf closed the Public Hearing at 8:55 p.m.
Ms. Laura Talley clarified the amount of units allowed in a R-2 zoning
classification.
Discussion ensued regarding parking/guest parking, details of street
widths and accessibility to the property.
A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY
COMMISSIONER GLEASON, TO APPROVE THE PROPOSED REZONING OF
6.479 ACRES LOCATED IN THE COMMONS AT MENGER CREEK ON OLD SAN
ANTONIO ROAD (KAD 300529) FROM B-2, HIGHWAY COMMERCIAL TO R-2,
MODERATE DENSITY RESIDENTIAL (ALAN NAUL/J-B BOERNE REALTY, LP).
THE MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
YEA: 5- JOE ANZOLLITTO, BILL BIRD, RICKY GLEASON, BOB CATES,
CHESNEY DUNNING
Approved: 5-0
5.E. 2020-747 TO CONSIDER THE PROPOSED PLANNED UNIT DEVELOPMENT
(PUD) PLAN, FOR 6.479 ACRES LOCATED IN THE COMMONS AT
MENGER CREEK ON OLD SAN ANTONIO ROAD (KAD 300529)
(ALAN NAUL/ J-B BOERNE REALTY, LP)
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I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Ms. Laura Talley presented the proposed Planned Unit Development.
The Commission called on owner Mr. Alan Naul to approach the lectern.
Mr. Naul spoke regarding the planned layout for the townhomes
presented and explained that the home builder would be Gehan Homes.
Chairman Bannwolf opened the Public Hearing at 9:06 p.m.
Chairman Bannwolf closed the Public Hearing at 9:07 p.m.
A MOTION WAS MADE BY COMMISSIONER GLEASON, SECONDED BY
COMMISSIONER DUNNING, TO APPROVE THE PROPOSED PLANNED UNIT
DEVELOPMENT (PUD) PLAN, FOR 6.479 ACRES LOCATED IN THE
COMMONS AT MENGER CREEK ON OLD SAN ANTONIO ROAD (KAD
300529) (ALAN NAUL/ J-B BOERNE REALTY, LP). THE MOTION CARRIED BY
THE FOLLOWING ROLL CALL VOTE:
YEA: 5- JOE ANZOLLITTO, BILL BIRD, RICKY GLEASON, BOB CATES,
CHESNEY DUNNING
Approved: 5-0
Chairman Bannwolf allowed items 8 and 9 to be moved up the agenda at
9:10 p.m. All Commissioners present agreed .
8. 2020-751 CONSIDER A REQUEST FOR A VARIANCE TO THE SUBDIVISION
ORDINANCE, ARTICLE 3, DRAINAGE AND FLOOD HAZARDS,
SECTION 6.03.005 DRAINAGEWAY PROTECTION ZONES FOR A
.779 ACRE PARCEL LOCATED AT 320 ROSEWOOD (KAD NO.
26045) (TIM MCCLOSKEY)
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Commissioner Cohoon returned to the dais at 9:10 p.m.
Ms. Talley presented the variance request.
Mr. Jeff Carroll, Director of Development Services, gave a presentation
regarding drainage and flood hazards. He described what is allowed in
different drainage way protection zones and what is allowed under
current ordinances. He further explained that a flood plain variance was
denied at a Board of Adjustments meeting that was held in December.
Tim McCloskey, resident at 209 E Hosack, spoke regarding the proposed
variance and described reasons for the request.
Discussion ensued regarding the two ordinances that are in play for this
property.
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER GLEASON, TO TABLE THE REQUEST FOR A VARIANCE TO
THE SUBDIVISION ORDINANCE, ARTICLE 3, DRAINAGE AND FLOOD
HAZARDS, SECTION 6.03.005 DRAINAGEWAY PROTECTION ZONES FOR A
.779 ACRE PARCEL LOCATED AT 320 ROSEWOOD (KAD NO. 26045) (TIM
MCCLOSKEY)
Following further discussion, Commissioner Cohoon withdrew his
motion and Commissioner Gleason withdrew his second.
A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY
COMMISSIONER DUNNING, TO DENY THE REQUEST FOR A VARIANCE TO
THE SUBDIVISION ORDINANCE, ARTICLE 3, DRAINAGE AND FLOOD
HAZARDS, SECTION 6.03.005 DRAINAGEWAY PROTECTION ZONES FOR A
.779 ACRE PARCEL LOCATED AT 320 ROSEWOOD (KAD NO. 26045) (TIM
MCCLOSKEY). THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- JOE ANZOLLITTO, BILL BIRD, PATRICK COHOON, RICKY GLEASON,
BOB CATES, CHESNEY DUNNING
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Denied: 6-0
9. 2020-752 CONSIDER A REQUEST FOR A VARIANCE TO THE SUBDIVISION
ORDINANCE, ARTICLE 2, PROCEDURES, SECTION 2.02.008
EXPIRATION OF PLAT APPROVAL FOR JOHN’S CROSSING
SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF JOHNS
ROAD AND IH-10 (KAD NO. 14392). TAKE NECESSARY ACTION.
Ms. Rebecca Pacini, City Planner III, presented the request for a variance
and clarified this would be the second extension.
Mr. Ryan Waikem, 70 North East Loop 410, San Antonio, spoke
regarding the process of the plat and delays due to the COVID-19
pandemic.
A MOTION WAS MADE BY COMMISSIONER GLEASON, SECONDED BY
COMMISSIONER COHOON, TO APPROVE A VARIANCE TO THE SUBDIVISION
ORDINANCE, ARTICLE 2, PROCEDURES, SECTION 2.02.008 EXPIRATION OF
PLAT APPROVAL FOR JOHN’S CROSSING SUBDIVISION LOCATED AT THE
SOUTHEAST CORNER OF JOHNS ROAD AND IH-10 (KAD NO. 14392). THE
MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- JOE ANZOLLITTO, BILL BIRD, PATRICK COHOON, RICKY GLEASON,
BOB CATES, CHESNEY DUNNING
Approved: 6-0
5.F. 2020-748 TO CONSIDER THE PROPOSED ADOPTION OF THE REVISED
ZONING MAP AND AMENDMENTS TO THE UNIFIED
DEVELOPMENT CODE (UDC).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Ms. Talley gave an update on the UDC and revised zoning map.
Ms. Carissa Cox, Planner with Mosaic, presented the updates to the UDC
to include the overlay districts and development standards to overlays.
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Chairman Bannwolf opened the Public Hearing at 10:02 p.m.
Chairman Bannwolf closed the Public Hearing at closed 10:02 p.m.
6. 2020-749 CONSIDER THE APPROVAL OF AN ON-SITE SEWAGE FACILITY AT
33565 IH-10 (KAD NO. 15876), AS PROVIDED BY THE CITY OF
BOERNE SUBDIVISION ORDINANCE, ARTICLE 7, SECTION 06,
ON-SITE SEWAGE FACILITIES, WHICH AUTHORIZES AN ON-SITE
SEWER FACILITY RATHER THAN CONNECTION TO THE CITY OF
BOERNE SANITARY SEWER SYSTEM. TAKE NECESSARY ACTION.
Ms. Pacini presented the request for approval of an on-site sewage
facility.
A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY
COMMISSIONER GLEASON, TO APPROVE AN ON-SITE SEWAGE FACILITY AT
33565 IH-10 (KAD NO. 15876), AS PROVIDED BY THE CITY OF BOERNE
SUBDIVISION ORDINANCE, ARTICLE 7, SECTION 06, ON-SITE SEWAGE
FACILITIES, WHICH AUTHORIZES AN ON-SITE SEWER FACILITY RATHER
THAN CONNECTION TO THE CITY OF BOERNE SANITARY SEWER SYSTEM.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- JOE ANZOLLITTO, BILL BIRD, PATRICK COHOON, RICKY GLEASON,
BOB CATES, CHESNEY DUNNING
Approved: 6-0
7. 2020-750 CONSIDER A VARIANCE REQUEST TO THE SUBDIVISION
ORDINANCE, ARTICLE 7, WATER AND SEWERS, SECTION 01.
GENERAL REQUIREMENTS WATER SYSTEMS FOR 33565 IH-10
(KAD 15876) (CHAD & KERRI PROPERTIES, LP). TAKE NECESSARY
ACTION.
Ms. Pacini presented the requested variance.
A MOTION WAS MADE BY COMMISSIONER GLEASON, SECONDED BY
COMMISSIONER CATES, TO APPROVE A VARIANCE REQUEST TO THE
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SUBDIVISION ORDINANCE, ARTICLE 7, WATER AND SEWERS, SECTION 01.
GENERAL REQUIREMENTS WATER SYSTEMS FOR 33565 IH-10 (KAD 15876)
(CHAD & KERRI PROPERTIES, LP). THE MOTION CARRIED BY THE
FOLLOWING VOTE:
YEA: 6- JOE ANZOLLITTO, BILL BIRD, PATRICK COHOON, RICKY GLEASON,
BOB CATES, CHESNEY DUNNING
Approved: 6-0
10. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or
action may take place
Ms. Talley requested the Commission to notify the Planning and
Community Development department if they intend to be present at the
January 21st joint meeting with City Council.
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 Bannwolf adjourned the Planning and Zoning Commission at
10:10 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).
_______________________________
Chairman
CERTIFICATION
I herby certify that the above notice of meeting was posted on the 30th day of
December, 2020 at 5:00 p.m.
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_______________________________
Secretary
NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS
The City Hall 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.
City of Boerne Page 17 Printed on 2/2/2021
Agenda
AGENDA
PLANNING AND ZONING COMMISSION MEETING
BOERNE CITY HALL
447 North Main Street
Monday, January 4, 2021 – 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. CONFLICTS OF INTEREST
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)
4. CONSENT AGENDA: All items listed below within the Consent Agenda are
considered 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.
4.A. 2020-742 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING OF DECEMBER 7, 2020
Attachments: Official Meeting Minutes 20-1207
5. REGULAR AGENDA:
5.A. 2020-743 TO CONSIDER THE PROPOSED REZONING OF 7.33 ACRES
LOCATED AT 134 GARDEN STREET (KAD 20006, 20007, 20009
AND 20010) FROM R-1, MEDIUM- DENSITY SINGLE-FAMILY
RESIDENTIAL DISTRICT, TO R-2, MODERATE - DENSITY
SINGLE-FAMILY RESIDENTIAL DISTRICT (GREENWAY COTTAGE
BUILDERS, LLC/ DAVE LUCIANI).
I. STAFF PRESENTATION
II. PUBLIC HEARING
City of Boerne Page 1 Printed on 12/30/2020
Planning and Zoning Agenda January 4, 2021
Commission
III. MAKE RECOMMENDATION
Attachments: Summary - 134 Garden St
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Current Zoning
Att 4 - Proposed Zoning
Att 5 - Future Land Use Map
Att 6 - Advogt/Adler Cottages
Att 7 - East Advogt Entrance Site Plan (1)
5.B. 2020-744 TO CONSIDER THE PROPOSED REZONING OF 5.33 ACRES
LOCATED AT 744 WEST SAN ANTONIO ROAD (KAD 14367) FROM
R-1, MEDIUM-DENSITY RESIDENTIAL DISTRICT, TO R-4,
MULTI-FAMILY RESIDENTIAL DISTRICT (GUILLERMO J. CAVAZOS)
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Attachments: Summary - 744 W. San Antonio
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Current Zoning
Att 4 - Proposed Zoning
Att 5 - Future Land Use Map
5.C. 2020-745 TO CONSIDER THE PROPOSED REZONING OF 3.57 ACRES
LOCATED AT 322 NORTH PLANT AVENUE (KAD 1999) FROM R-1,
MEDIUM-DENSITY RESIDENTIAL DISTRICT, TO R-3,
HIGH-DENSITY RESIDENTIAL DISTRICT (VICTOR SHEELY/ SOURCE
TEXAS, LLC)
I. STAFF PRESENTATION
II. PUBLIC HEARING
City of Boerne Page 2 Printed on 12/30/2020
Planning and Zoning Agenda January 4, 2021
Commission
III. MAKE RECOMMENDATION
Attachments: Summary - 322 N. Plant Avenue
Att 1 - Location Map
Att 2 - Current Zoning
Att 3 - Proposed Zoning
Att 4 - Future Land Use Map
Att 5 - Initial Site Exhibit
5.D. 2020-746 TO CONSIDER THE PROPOSED REZONING OF 6.479 ACRES
LOCATED IN THE COMMONS AT MENGER CREEK ON OLD SAN
ANTONIO ROAD (KAD 300529) FROM B-2, HIGHWAY
COMMERCIAL TO R-2, MODERATE DENSITY RESIDENTIAL (ALAN
NAUL/J-B BOERNE REALTY, LP).
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Attachments: Summary - Old San Antonio
Att 1 - Location Map
Att 2 - Current Zoning
Att 3 - Proposed Zoning
Att 4 - Future Land Use Map
Att 5 - SoBo Regulating Plan
Att 6 - Commons At Menger Creek Master Development Plan - Approved Feb122018
Att 7 - PUD Plan
Att 8 - Townhome - Garage Front
Att 9 - Townhome - Rear Entry
5.E. 2020-747 TO CONSIDER THE PROPOSED PLANNED UNIT DEVELOPMENT
(PUD) PLAN, FOR 6.479 ACRES LOCATED IN THE COMMONS AT
MENGER CREEK ON OLD SAN ANTONIO ROAD (KAD 300529)
(ALAN NAUL/ J-B BOERNE REALTY, LP)
I. STAFF PRESENTATION
City of Boerne Page 3 Printed on 12/30/2020
Planning and Zoning Agenda January 4, 2021
Commission
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Attachments: Summary - Old San Antonio PUD
Att 1 - Location Map
Att 2 - Current Zoning
Att 3 - Proposed Zoning
Att 4 - Commons At Menger Creek Master Development Plan - Approved Feb122018
Att 5 - SoBo Regulating Plan
Att 6 - PUD Plan
Att 7 - Townhome - Garage Front
Att 8 - Townhome - Rear Entry
5.F. 2020-748 TO CONSIDER THE PROPOSED ADOPTION OF THE REVISED
ZONING MAP AND AMENDMENTS TO THE UNIFIED
DEVELOPMENT CODE (UDC).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Attachments: Summary - Zoning - Jan 2021
6. 2020-749 CONSIDER THE APPROVAL OF AN ON-SITE SEWAGE FACILITY AT
33565 IH-10 (KAD NO. 15876), AS PROVIDED BY THE CITY OF
BOERNE SUBDIVISION ORDINANCE, ARTICLE 7, SECTION 06,
ON-SITE SEWAGE FACILITIES, WHICH AUTHORIZES AN ON-SITE
SEWER FACILITY RATHER THAN CONNECTION TO THE CITY OF
BOERNE SANITARY SEWER SYSTEM. TAKE NECESSARY ACTION.
Attachments: AIS 33565 IH-10 OSSF Waiver
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Letter Request OSSF 7.06.001
Att 4 - Survey - KAD 15876
7. 2020-750 CONSIDER A VARIANCE REQUEST TO THE SUBDIVISION
ORDINANCE, ARTICLE 7, WATER AND SEWERS, SECTION 01.
GENERAL REQUIREMENTS WATER SYSTEMS FOR 33565 IH-10
City of Boerne Page 4 Printed on 12/30/2020
Planning and Zoning Agenda January 4, 2021
Commission
(KAD 15876) (CHAD & KERRI PROPERTIES, LP). TAKE NECESSARY
ACTION.
Attachments: AIS 33565 IH-10 Water Service Variance
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Variance Application Chad Carpentar
Att 4 - Variance Request Letter Water Service
Att 5 - Survey - KAD 15876
8. 2020-751 CONSIDER A REQUEST FOR A VARIANCE TO THE SUBDIVISION
ORDINANCE, ARTICLE 3, DRAINAGE AND FLOOD HAZARDS,
SECTION 6.03.005 DRAINAGEWAY PROTECTION ZONES FOR A
.779 ACRE PARCEL LOCATED AT 320 ROSEWOOD (KAD NO.
26045) (TIM MCCLOSKEY)
Attachments: Summary - 320 Rosewood - Jan 2021
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - 320 Rosewood FEMA Exhibit
Att 4 - 320 Rosewood DPZ Exhibit
9. 2020-752 CONSIDER A REQUEST FOR A VARIANCE TO THE SUBDIVISION
ORDINANCE, ARTICLE 2, PROCEDURES, SECTION 2.02.008
EXPIRATION OF PLAT APPROVAL FOR JOHN’S CROSSING
SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF JOHNS
ROAD AND IH-10 (KAD NO. 14392). TAKE NECESSARY ACTION.
Attachments: Summary - Johns Road Crossing Time Extension
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Plat Time Extension Request Letter - 2020
Att 4 - Preliminary Plat
10. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or
action may take place
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)
City of Boerne Page 5 Printed on 12/30/2020
Planning and Zoning Agenda January 4, 2021
Commission
12. 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).
s/s Laura Talley
_______________________________
Administrative Officer
CERTIFICATION
I herby certify that the above notice of meeting was posted on the 30th day of
December, 2020 at 5:00 p.m.
s/s Heather Wood
_______________________________
Secretary
NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS
The City Hall 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 6 Printed on 12/30/2020
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