Planning and Zoning Commission
Regular MeetingBoerne, TX · May 3, 2021
Minutes
MINUTES
PLANNING AND ZONING COMMISSION MEETING
BOERNE CITY HALL
447 North Main Street
Monday, May 3, 2021 – 6:00 p.m.
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF
MAY 3, 2021 AT 6:00 P.M.
PRESENT 7- CHAIRMAN TIM BANNWOLF, COMMISSIONER PATRICK
COHOON, COMMISSIONER CHESNEY DUNNING, COMMISSIONER BILL
BIRD, COMMISSIONER LUCAS HILER, COMMISSIONER BOB CATES,
COMMISSIONER JOE ANZOLLITTO
STAFF PRESENT: MICK MCKAMIE, LAURA HANING, HEATHER WOOD,
BARRETT SQUIRES, REBECCA PACINI, SARA SERRA-BENNETT, RYAN BASS,
CHRISTOPHER SHADROCK, KRYSTAL BROWN, CHERYL ROGERS, MELISSA
ECKERT, JEFF CARROLL, ROBERT LEE
RECOGNIZED GUESTS: CARISSA COX, STEVEN GOMEZ HERRERA,
CHRISTINA RYRHOLM, BEN ELDREDGE, CHRIS CAVETT, AHMED
JAFFERALLY, ANTHONY DAVIS, MONTE MOORE, JOSHUA VALENTA, JUAN
RODRIGUEZ, KYLE HACKETT, JAMES SCHUEPBUEL, STEVE LEWIS, BRAD
CORWELL, SCHRUF,
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 BELOW AS AUTHORIZED BY CHAPTER 551 TEXAS
GOVERNMENT CODE §551.071 (CONSULTATION WITH ATTORNEY)
1. CALL TO ORDER – 6:00 PM
City of Boerne Page 1 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
Chairman Bannwolf called the Planning and Zoning Commission to order
at 5:59 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
Chairman Bannwolf declared a conflict with item 5.F.
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 6:01 p.m.
Ahmed Jafferally, owner of Rapid Express Car Wash, spoke in opposition
item 5.D. (Racer Car Wash).
Ben Eldredge, resident at 202 Shane Lane, spoke regarding his time
serving on the Unified Development Code (hereinafter UDC) steering
committee and the wide range of topics/concerns that were addressed
with zoning being only one piece of code. He explained that open space
requirements, dark sky and drainage regulations were all addressed, not
only zoning classifications.
Chairman Bannwolf closed public comments at 6:06 p.m.
4. CONSENT AGENDA
4.A. 2021-403 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING OF APRIL 5, 2021.
4.B. 2021-404 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING OF APRIL 19, 2021.
4.C. 2021-405 THE AMENDED MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING OF MARCH 1, 2021.
City of Boerne Page 2 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER BIRD, TO APPROVE THE CONSENT AGENDA AS
PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- COMMISSIONER ANZOLLITTO, COMMISSIONER BIRD,
COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER
COHOON, COMMISSIONER HILER
Approved: 6-0
5. REGULAR AGENDA:
5.A. 2021-406 TO CONSIDER THE PROPOSED REZONING OF 0.996 ACRES
LOCATED BETWEEN 115 STAHL AND 400 ROSEWOOD (KAD NO.
63697) FROM B-2, HIGHWAY COMMERCIAL DISTRICT, TO R-3
HIGH-DENSITY RESIDENTIAL DISTRICT (JAY PARKER/ TROPHY
PROPERTIES).
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Ms. Sara Serra-Bennett, City Planner II., presented the proposed
rezoning.
Chairman Bannwolf opened the public hearing at 6:10 p.m.
Anthony Davis, resident at 103 and 109 Stahl Street, spoke in opposition
of the proposed rezoning and stated concerns with potential traffic and
water issues if apartments were to be developed at this location.
Chairman Bannwolf closed the public hearing at 6:10 p.m.
Commission discussion ensued and clarified that the proposed
development is for townhomes, not apartments and that usually there is
an improvement in drainage during the development process.
City of Boerne Page 3 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
Ms. Serra-Bennett clarified the process for development to include
platting, drainage requirements and city engineer/project engineer
involvement.
Cheryl Rogers, City Engineer, spoke regarding development requirements
to provide a drainage study to show no adverse impact to neighbors and
to provide detention.
A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY
COMMISSIONER ANZOLLITTO, TO APPROVE THE PROPOSED REZONING OF
0.996 ACRES LOCATED BETWEEN 115 STAHL AND 400 ROSEWOOD (KAD
NO. 63697) FROM B-2, HIGHWAY COMMERCIAL DISTRICT, TO R-3
HIGH-DENSITY RESIDENTIAL DISTRICT (JAY PARKER/ TROPHY PROPERTIES).
THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- COMMISSIONER ANZOLLITTO, COMMISSIONER BIRD,
COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER
COHOON, COMMISSIONER HILER
Approved: 6-0
5.B. 2021-407 TO CONSIDER THE PROPOSED REZONING OF 0.302 ACRES
LOCATED AT 606 FREY STREET (KAD 18989) FROM R-1,
MEDIUM-DENSITY RESIDENTIAL DISTRICT, TO B-1, HIGH-DENSITY
RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT
(JAMES S. SCHUEPBACK).
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Ms. Serra-Bennett presented the proposed rezoning and stated the only
response received from public notification was from the property owner
of this rezoning request.
Chairman Bannwolf opened the public hearing at 6:21 p.m.
City of Boerne Page 4 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
No comments were received.
Chairman Bannwolf closed the public hearing at 6:21 p.m.
Commission discussion ensued regarding old and new (UDC) regulations
as they relate to zoning and an O (Office) zoning on a property north of
this site.
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER DUNNING, TO APPROVE THE PROPOSED REZONING OF
0.302 ACRES LOCATED AT 606 FREY STREET (KAD 18989) FROM R-1,
MEDIUM-DENSITY RESIDENTIAL DISTRICT, TO B-1, HIGH-DENSITY
RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT (JAMES S.
SCHUEPBACK). THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- COMMISSIONER ANZOLLITTO, COMMISSIONER BIRD,
COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER
COHOON, COMMISSIONER HILER
Approved: 6-0
5.C. 2021-408 UNTABLE THE PROPOSED CREATIVE ALTERNATIVE FOR THE
PROPERTY LOCATED AT 1376 SOUTH MAIN STREET (KAD NO.
42558, MENGER PLACE SUBDIVISION UNIT 1 LOT 1A (REPLAT),
1.139 ACRES) (RACER CLASSIC CAR WASH) TO ALLOW OPEN CAR
WASH BAYS FACING THE STREET.
A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY
COMMISSIONER COHOON, TO UNTABLE THE PROPOSED CREATIVE
ALTERNATIVE FOR THE PROPERTY LOCATED AT 1376 SOUTH MAIN STREET
(KAD NO. 42558, MENGER PLACE SUBDIVISION UNIT 1 LOT 1A (REPLAT),
1.139 ACRES) (RACER CLASSIC CAR WASH) TO ALLOW OPEN CAR WASH
BAYS FACING THE STREET. THE MOTION CARRIED BY THE FOLLOWING
VOTE:
YEA: 6- COMMISSIONER ANZOLLITTO, COMMISSIONER BIRD,
City of Boerne Page 5 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER
COHOON, COMMISSIONER HILER
Approved: 6-0
5.D. 2021-409 CONSIDER THE PROPOSED CREATIVE ALTERNATIVE FOR THE
PROPERTY LOCATED AT 1376 SOUTH MAIN STREET (KAD NO.
42558, MENGER PLACE SUBDIVISION UNIT 1 LOT 1A (REPLAT),
1.139 ACRES) (RACER CLASSIC CAR WASH) TO ALLOW OPEN CAR
WASH BAYS FACING THE STREET. TAKE NECESSARY ACTION.
Ms. Serra-Bennett presented the proposed creative alternative with new
conceptual site plan and landscape plan.
Chairman Bannwolf opened public comments at 6:29 p.m.
Chris Cavett, representative with Racer Car Wash, made himself
available for commission discussion.
Commission discussion included questions regarding changes made to
the plan specific to landscaping/access point/walls in the design plan,
anticipated hours of operation and drive-thru bays not being allowed in
a South Boerne (SoBo) Overlay District. The Commission expressed
concerns with noise, traffic flow, and safety issues with street traffic.
Commissioner Anzollitto expressed concerns with parking for vacuums
and with traffic flow coming out of Christus Parkway onto Main Street.
Commissioner Hiler expressed concerns with proposed entrance blocking
traffic at corner of Christus Parkway and Main Street, noise, cars safely
exiting the area, and this specific location for a carwash.
Commissioner Cohoon expressed concerns with only one access point,
traffic/safety issues with this corner lot, landscape plans appropriately
shielding parking, this site being a probable high traffic area, and traffic
through the entrance corridor.
City of Boerne Page 6 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
Ms. Laura Haning, Director of Planning and Community Development,
explained that the SoBo Overlay District allows creative alternatives so
businesses can create a plan to address any concerns and it does allow
drive-thru bays depending on how they sit on the lot.
Mr. Cavett explained that the expected operating hours are generally
7:30 a.m. - 8:00 p.m. in the summer and 7:00 a.m. - 7:00 p.m. in the
winter, but they differ amongst locations and they are flexible.
Commissioner Cates expressed appreciation to Mr. Cavett for working
with staff to improve landscaping.
Commissioner Cohoon had specific questions as to what exact changes
were made to the landscape plan to address the visual appearance of
this site and noise mitigation.
Mr. Ryan Bass, City Environmental Planner/Urban Forester, spoke
regarding his involvement with the landscape plan in the new design. He
explained that Racer Car Wash was willing to work with him to develop a
new plan to include more drought tolerant/heat resistant shrubs and
trees that are a more native blend to the Texas Hill Country
environment. He described how the plan should yield street level
screening in approximately two years and breakup the visibility of the
building structure in closer to ten years.
Commissioner Anzillitto questioned if a Traffic Impact Analysis (TIA)
would require a visible change to the landscape plan specific to the
proposed wall at the entrance that exposes the bay to Main Street.
Mr. Jeff Carroll spoke stating a TIA will be required as part of the
building permit process and if it results in trips that exceed 50 in a peak
hour, then a right or left turn lane could be required. He addressed the
existing driveway that was built to line up with an existing structure and
not an ideal location for an intersection.
Ms. Haning explained that the plan includes a low, three foot decorative
City of Boerne Page 7 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
wall that will be for screening the parking not the structure itself and is
an attempt to screen the bays as well.
Commissioner Dunning shared some of the same Commission concerns.
A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY
COMMISSIONER HILER, TO DENY THE PROPOSED CREATIVE ALTERNATIVE
FOR THE PROPERTY LOCATED AT 1376 SOUTH MAIN STREET (KAD NO.
42558, MENGER PLACE SUBDIVISION UNIT 1 LOT 1A (REPLAT), 1.139
ACRES) (RACER CLASSIC CAR WASH) TO ALLOW OPEN CAR WASH BAYS
FACING THE STREET. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- COMMISSIONER ANZOLLITTO, COMMISSIONER BIRD,
COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER
COHOON, COMMISSIONER HILER
Approved: 6-0
5.E. 2021-410 CONSIDER THE PROPOSED CREATIVE ALTERNATIVE FOR THE
PROPERTY LOCATED AT 33565 INTERSTATE HIGHWAY 10 (KAD
15876, A10441 SURVEY 183 J SMALL, 0.829 ACRES) (CHAD
CARPENTER) TO ALLOW MORE THAN 15% OF THE PARKING IN
FRONT OF THE BUILDING. TAKE NECESSARY ACTION.
Ms. Sara Serra-Bennett presented the proposed creative alternative.
Chairman Bannwolf opened the public hearing at 7:07 p.m.
No comments were received.
Chairman Bannwolf closed the public hearing at 7:07 p.m.
Commission discussion ensued regarding parking/screening parking lot,
landscaping requirements, design criteria, the process of platting and
concerns with placement of dumpster.
City of Boerne Page 8 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
Chairman Bannwolf questioned the plan showing an easement under
the proposed building.
Cheryl Rogers spoke regarding sanitary control easements only dictating
sewer mains and septic running through the easements. She stated that
it does not impact where the building could go but she would have to
verify TCEQ (Texas Commission on Enviornmental Quality) code.
A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY
COMMISSIONER DUNNING, TO TABLE, PENDING RESUBMITTAL OF NEW
PLAN ADDRESSING CONCERNS OF DUMPSTER PLACEMENT AND
SCREENING, THE PROPOSED CREATIVE ALTERNATIVE FOR THE PROPERTY
LOCATED AT 33565 INTERSTATE HIGHWAY 10 (KAD 15876, A10441
SURVEY 183 J SMALL, 0.829 ACRES) (CHAD CARPENTER) TO ALLOW MORE
THAN 15% OF THE PARKING IN FRONT OF THE BUILDING. TAKE
NECESSARY ACTION.THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- COMMISSIONER ANZOLLITTO, COMMISSIONER BIRD,
COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER
COHOON, COMMISSIONER HILER
Approved: 6-0
5.F. 2021-411 CONSIDER POD GENERAL DEVELOPMENT PLAN (GDP) FOR
ESPERANZA SF-8, SF-9, AND SF-10. TAKE NECESSARY ACTION
Chairman Bannwolf recused himself from item 5.F. and left the dais at
7:17 p.m. Commissioner Cohoon assumed the Chair.
Ms. Rebecca Pacini, City Planner III, presented the proposed Plan of
Development General Development Plan (Pod GPD). She stated that the
Pod GPD SF-8, SF-9, SF-10 adheres to the GDP as approved by Council.
Commissioner Cohoon opened public comments at 7:19 p.m.
No comments were received.
City of Boerne Page 9 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
Commissioner Cohoon closed public comments at 7:19 p.m.
Commissioner Anzollitto had questions regarding lot size and number of
lots decreasing.
Ms. Pacini clarified that this plan includes an amenity center/open space
lot, that was previously dedicated to homes, which now reflects the
increase in open space.
A MOTION WAS MADE BY COMMISSIONER DUNNING, SECONDED BY
COMMISSIONER HILER, TO APPROVE THE POD GENERAL DEVELOPMENT
PLAN (GDP) FOR ESPERANZA SF-8, SF-9, AND SF-10. TAKE NECESSARY
ACTION. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 6- COMMISSIONER ANZOLLITTO, COMMISSIONER BIRD,
COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER
COHOON, COMMISSIONER HILER
Approved: 6-0
Chairman Bannwolf returned to the dais at 7:21 p.m. and assumed the
Chair.
5.G. 2021-412 CONSIDER THE PRELIMINARY PLAT FOR BIRCH AT SPENCER
RANCH PHASE 2, 19.41 ACRES, 72 RESIDENTIAL LOTS, 3 OPEN
SPACE LOT, AND 3.57 ACRES OF RIGHT-OF-WAY (KAD NO.
14916, 63687, 152739). TAKE NECESSARY ACTION
Ms. Pacini presented the proposed Preliminary Plat. She stated that the
plat does not meet all the requirements of the subdivision ordinance
and it is not in compliance with Article 5, Section 11, of the Subdivision
Ordinance.
Commission discussion ensued regarding a Development Agreement
with the owners of the property and the City to address concerns with
funding for maintenance of private streets. Covenants, Conditions, and
City of Boerne Page 10 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
Restrictions (CCRs) were also discussed as they relate to the preliminary
plat and final plat process.
A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY
COMMISSIONER DUNNING, TO DENY THE PRELIMINARY PLAT FOR BIRCH
AT SPENCER RANCH PHASE 2, 19.41 ACRES, 72 RESIDENTIAL LOTS, 3 OPEN
SPACE LOT, AND 3.57 ACRES OF RIGHT-OF-WAY (KAD NO. 14916, 63687,
152739) WITH THE CONDITION AS PRESENTED.
AFTER FURTHER COMMISSION DISCUSSION COMMISSIONER DUNNING
RESCINDED HER MOTION TO SECOND.
COMMISSIONER BIRD THEN SECONDED THE MOTION.
THE MOTION FAILED BY THE FOLLOWING VOTE:
YEA: 3- COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER
HILER
NAY: 3- COMMISSIONER DUNNING, COMMISSIONER COHOON,
COMMISSIONER ANZOLlITTO
TIE BREAKER VOTE: NAY 1- Chairman Bannwolf
Motion Failed: 3-4
Commission discussion continued regarding a conditional approval with
CCRs being approved by the City Manager and filed with the Kendall
County Clerk prior to final plat.
Josh Valenta, 217 Sparkling Springs, representative of the development,
spoke regarding the DA in the works with the City and clarified that CCRs
will be seen with final plat.
Mick McKamey, Associate City Attorney, explained that the Commission
must act within 30 days of the plat submittal and they must give a
City of Boerne Page 11 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
reason.
Ms. Haning explained that the conditional approval will allow the
applicant to turn in infrastructure documents but they will still have to
address the CCRs.
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER DUNNING, TO APPROVE THE PRELIMINARY PLAT FOR
BIRCH AT SPENCER RANCH PHASE 2, 19.41 ACRES, 72 RESIDENTIAL LOTS, 3
OPEN SPACE LOT, AND 3.57 ACRES OF RIGHT-OF-WAY (KAD NO. 14916,
63687, 152739) WITH THE CONDITION AS PRESENTED. THE MOTION
CARRIED BY THE FOLLOWING ROLL CALL VOTE:
YEA: 5- COMMISSIONER ANZOLLITTO, COMMISSIONER BIRD,
COMMISSIONER DUNNING, COMMISSIONER COHOON, COMMISSIONER
HILER
NAY: 1- COMMISSIONER CATES
Approved: 5-1
5.H. 2021-414 TO CONSIDER PROPOSED AMENDMENTS TO THE UNIFIED
DEVELOPMENT CODE (UDC) INCLUDING BUT NOT LIMITED TO
CITYWIDE REZONING, OVERLAY DISTRICTS AND DEVELOPMENT
PROCESSES.
I. STAFF PRESENTATION
II. PUBLIC HEARING
Ms. Haning gave an update on the City's public outreach efforts
regarding the UDC, the subcommittee's involvement, and
revisions/added definitions.
Chairman Bannwolf opened the public hearing at 7:51 p.m.
Steven Herrera, property owner of 902 River Road, spoke regarding
concerns with deadlines for submitting plans, setbacks, impact
City of Boerne Page 12 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
fees/other related fees and the City's website not being user friendly.
Josh Valenta spoke regarding UDC terminology to the public. He stated
that using "Zoning Update" may have been more effective than "UDC
Update".
Chairman Bannwolf closed the public hearing at 8:07 p.m.
Ms. Carissa Cox, Planner with Mosaic, gave a status update on existing
and modified definitions.
6. DISCUSSION ITEMS:
6.A. 2021-415 AN OVERVIEW OF THE PROPOSED AMENDMENTS TO THE CITY OF
BOERNE UDC TREE PRESERVATION PRESENTED BY RYAN BASS,
ENVIRONMENTAL PLANNER AND URBAN FORESTER.
Ryan Bass gave an update on the tree preservation plan/ordinances in
the new UDC to include tree/root protection zones and discussed
enforcement process for possible violations.
6.B. 2021-418 HOLIDAY CONFLICTS WITH REGULAR SCHEDULED PLANNING
AND ZONING COMMISSION MEETINGS.
Due to two recognized City Holidays falling on regular Planning and
Zoning Commission meeting dates, the Commission decided on the
following:
July 5, 2021 regular scheduled meeting will be held on July 12, 2021 at
6:00 p.m.
September 6, 2021 regular scheduled meeting will be held on August 30,
2021 at 6:00 p.m.
7. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE:
Chairman Bannwolf convened the Planning and Zoning Commission into
Executive Session at 8:35 p.m. Discussion began at 8:39 p.m. and ended
at 8:48 p.m.
City of Boerne Page 13 Printed on 6/14/2021
Planning and Zoning Commission Official Meeting Minutes May 3, 2021
7.A. 2021-419 SECTIONS 551.071 - CONSULTATION WITH ATTORNEY
REGARDING LEGAL MATTERS RELATED TO THE ADOPTION OF THE
UNIFIED DEVELOPMENT CODE.
8. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATED TO
THE EXECUTIVE SESSION AS DESCRIBED ABOVE.
Chairman Bannwolf reconvened the Planning and Zoning Commission
into Open Session at 8:50 p.m.
9. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action
may take place
Ms. Haning reminded the Commission of a cyber security training that
must be completed by May 28, 2021.
10. ADJOURNMENT
Chairman Bannwolf adjourned the Planning and Zoning Commission at
8:50 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 April,
2021 at 5:00 p.m.
_______________________________
Secretary
City of Boerne Page 14 Printed on 6/14/2021
Agenda
AGENDA
PLANNING AND ZONING COMMISSION MEETING
BOERNE CITY HALL
447 North Main Street
Monday, May 3, 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
4.A. 2021-403 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING OF APRIL 5, 2021.
Attachments: 21-0405 OfficialMeetingMinutes
4.B. 2021-404 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING OF APRIL 19, 2021.
Attachments: 21-0419 Special Called Official Meeting Minutes
4.C. 2021-405 THE AMENDED MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING OF MARCH 1, 2021.
Attachments: 21-0301 AMENDED Official Meeting Minutes
5. REGULAR AGENDA:
5.A. 2021-406 TO CONSIDER THE PROPOSED REZONING OF 0.996 ACRES
LOCATED BETWEEN 115 STAHL AND 400 ROSEWOOD (KAD NO.
63697) FROM B-2, HIGHWAY COMMERCIAL DISTRICT, TO R-3
HIGH-DENSITY RESIDENTIAL DISTRICT (JAY PARKER/ TROPHY
PROPERTIES).
City of Boerne Page 1 Printed on 4/30/2021
Planning and Zoning Agenda May 3, 2021
Commission
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Attachments: Summary - Stahl-Plant Rezone
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Current Zoning
Att 4 - Proposed Zoning
Att 5 - Master Plan - Future Land Use
Att 6 - PUD Plan-The Elevate Townhome Development
Att 7 - Perspectives - The Elevate Townhome
5.B. 2021-407 TO CONSIDER THE PROPOSED REZONING OF 0.302 ACRES
LOCATED AT 606 FREY STREET (KAD 18989) FROM R-1,
MEDIUM-DENSITY RESIDENTIAL DISTRICT, TO B-1,
HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD
COMMERCIAL DISTRICT (JAMES S. SCHUEPBACK).
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Attachments: Summary - 606 Frey Street
Att 2 - Current Zoning
Att 3 - Proposed Zoning
Att 4 - Master Plan - Future Land Use
Att 5 - Survey
Att 6 - Street View
5.C. 2021-408 UNTABLE THE PROPOSED CREATIVE ALTERNATIVE FOR THE
PROPERTY LOCATED AT 1376 SOUTH MAIN STREET (KAD NO.
42558, MENGER PLACE SUBDIVISION UNIT 1 LOT 1A (REPLAT),
1.139 ACRES) (RACER CLASSIC CAR WASH) TO ALLOW OPEN CAR
WASH BAYS FACING THE STREET.
Attachments: AIS - Untable Creative Alternative
5.D. 2021-409 CONSIDER THE PROPOSED CREATIVE ALTERNATIVE FOR THE
PROPERTY LOCATED AT 1376 SOUTH MAIN STREET (KAD NO.
42558, MENGER PLACE SUBDIVISION UNIT 1 LOT 1A (REPLAT),
City of Boerne Page 2 Printed on 4/30/2021
Planning and Zoning Agenda May 3, 2021
Commission
1.139 ACRES) (RACER CLASSIC CAR WASH) TO ALLOW OPEN CAR
WASH BAYS FACING THE STREET. TAKE NECESSARY ACTION.
Attachments: AIS Creative Alternative
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Site Plan
Att 4 - Landscape Plan
Att 5 - Perspective views of Racer Car Wash in Boerne, TX - 43021
5.E. 2021-410 CONSIDER THE PROPOSED CREATIVE ALTERNATIVE FOR THE
PROPERTY LOCATED AT 33565 INTERSTATE HIGHWAY 10 (KAD
15876, A10441 SURVEY 183 J SMALL, 0.829 ACRES) (CHAD
CARPENTER) TO ALLOW MORE THAN 15% OF THE PARKING IN
FRONT OF THE BUILDING. TAKE NECESSARY ACTION.
Attachments: AIS Creative Alternative
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Site Plan
Att 4 - Perspectives
Att 5 - Google Earth
5.F. 2021-411 CONSIDER POD GENERAL DEVELOPMENT PLAN (GDP) FOR
ESPERANZA SF-8, SF-9, AND SF-10. TAKE NECESSARY ACTION
Attachments: AIS Esperanza Pod GDP SF8 SF9 SF10 20210503
Att 1 - AERIAL MAP Esperanza Pod GDP SF8 SF9 SF10
Att 2 - Esperanza Pod GDP SF8 SF9 SF10 20210429
Att 3 - Exhibit D Master GDP - Various Individual Sub-Exhibits as of 3rd Amendment
5.G. 2021-412 CONSIDER THE PRELIMINARY PLAT FOR BIRCH AT SPENCER
RANCH PHASE 2, 19.41 ACRES, 72 RESIDENTIAL LOTS, 3 OPEN
SPACE LOT, AND 3.57 ACRES OF RIGHT-OF-WAY (KAD NO.
14916, 63687, 152739). TAKE NECESSARY ACTION
Attachments: AIS Birch at Spencer Ranch Ph 2 Prelim Plat 20210503
Att 1- Location Map Birch at Spencer Ranch Phase 2 Preliminary Plat_Page_1
Att 2 - AERIAL MAP Birch at Spencer Ranch Ph 2
Att 3 - Master Planned Community Plan Approve-Signed Oct0118
Att 4 - Birch at Spencer Ranch Phase 2 Preliminary Plat
City of Boerne Page 3 Printed on 4/30/2021
Planning and Zoning Agenda May 3, 2021
Commission
5.H. 2021-414 TO CONSIDER PROPOSED AMENDMENTS TO THE UNIFIED
DEVELOPMENT CODE (UDC) INCLUDING BUT NOT LIMITED TO
CITYWIDE REZONING, OVERLAY DISTRICTS AND DEVELOPMENT
PROCESSES.
I. STAFF PRESENTATION
II. PUBLIC HEARING
Attachments: Table of Use - Commercial Zoning - Edited 4-30-2021
6. DISCUSSION ITEMS:
6.A. 2021-415 AN OVERVIEW OF THE PROPOSED AMENDMENTS TO THE CITY
OF BOERNE UDC TREE PRESERVATION PRESENTED BY RYAN BASS,
ENVIRONMENTAL PLANNER AND URBAN FORESTER.
6.B. 2021-418 HOLIDAY CONFLICTS WITH REGULAR SCHEDULED PLANNING
AND ZONING COMMISSION MEETINGS.
7. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE:
7.A. 2021-419 SECTIONS 551.071 - CONSULTATION WITH ATTORNEY
REGARDING LEGAL MATTERS RELATED TO THE ADOPTION OF
THE UNIFIED DEVELOPMENT CODE.
8. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATED TO
THE EXECUTIVE SESSION AS DESCRIBED ABOVE.
9. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action
may take place
10. 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).
Laura Haning
_______________________________
Administrative Officer
City of Boerne Page 4 Printed on 4/30/2021
Planning and Zoning Agenda May 3, 2021
Commission
CERTIFICATION
I herby certify that the above notice of meeting was posted on the 30th day of April,
2021 at 5:00 p.m.
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 5 Printed on 4/30/2021
Get email alerts for Boerne
A daily email when new agendas and minutes are posted.