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Planning and Zoning Commission

Regular Meeting

Boerne, TX · May 10, 2021

AgendaMinutes

Minutes

MINUTES SPECIAL CALLED PLANNING AND ZONING COMMISSION WORKSHOP BOERNE CITY HALL 447 North Main Street Monday, May 10, 2021 – 6:00 p.m. MINUTES OF THE SPECIAL CALLED PLANNING AND ZONING COMMISSION MEETING OF MAY 10, 2021 AT 6:00 P.M. PRESENT 5- CHAIRMAN TIM BANNWOLF, COMMISSIONER CHESNEY DUNNING, COMMISSIONER BILL BIRD, COMMISSIONER LUCAS HILER, COMMISSIONER BOB CATES LATE 1- COMMISSIONER PATRICK COHOON ABSENT 1- COMMISSIONER ANZOLLITTO STAFF PRESENT: BARBARA QUIRK, LAURA HANING, HEATHER WOOD, ANTONY MOY, REBECCA PACINI, SARA SERRA-BENNETT REGISTERED/RECOGNIZED GUESTS: CARISSA COX, JACK SHORT, JOHN FRIESENHAHN, CHAD CARPENTER, LARRY LESTER, LYNN ENGSTROM 1. CALL TO ORDER – 6:00 PM Chairman Bannwolf called the Planning and Zoning Commission to order at 6:00 p.m. 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 CODE §551.071 (CONSULTATION WITH ATTORNEY) City of Boerne Page 1 Printed on 6/14/2021 Planning and Zoning Commission Official Meeting Minutes May 10, 2021 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. 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 6:02 p.m. John Friesenhahn, resident at 106 Fabra Street and business owner of Imagine Homes, spoke regarding concerns with several of his projects being stuck in the middle of old regulations and proposed new regulations in the Unified Development Code (UDC). He also voiced concerns with the City's determination of an existing oak tree (that could possibly die) that has prevented his plan to extend Hosack Street across School Street. Commissioner Cohoon arrived at 6:06 p.m. Chairman Bannwolf closed public comments at 6:10 p.m. 3. 2021-457 CONSIDER MOTION TO AMEND ACTION TAKEN ON MAY 3RD TABLING CONSIDERATION OF 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 ORDER THAT THE CREATIVE ALTERNATIVE ITEM BE TAKEN UP FOR CONSIDERATION ON MAY 10, 2021. TAKE NECESSARY ACTION. Ms. Barbara Quirk clarified the appropriate motion to amend an action taken on May 3rd, 2021. A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER BIRD, TO AMEND ACTION TAKEN ON MAY 3RD TABLING CONSIDERATION OF THE PROPOSED CREATIVE ALTERNATIVE FOR THE PROPERTY LOCATED AT 33565 INTERSTATE HIGHWAY 10 (KAD 15876, City of Boerne Page 2 Printed on 6/14/2021 Planning and Zoning Commission Official Meeting Minutes May 10, 2021 A10441 SURVEY 183 J SMALL, 0.829 ACRES) (CHAD CARPENTER) TO ORDER THAT THE CREATIVE ALTERNATIVE ITEM BE TAKEN UP FOR CONSIDERATION ON MAY 10, 2021. THE MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE: YEA: 5- COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER DUNNING, COMMISSIONER COHOON NAY: 0 Approved: 5-0 4. 2021-458 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. Haning, Director of Planning and Community Development, presented the proposed creative alternative. Mr. Chad Carpenter, developer of the proposed creative alternative, spoke regarding the placement of the building, the redesigned plan to move the dumpster to back left of site, and engineering costs he has endured since being annexed into the city. He expressed concerns with his plan being delayed due to being tabled at the last meeting, and the difficulties small businesses face when trying to develop with limited resources for all of the city's regulations. Commissioner Bird expressed appreciation for Mr. Carpenter's flexibility in moving the dumpster on the plan. Commissioner Dunning questioned the distance from the placement of the dumpster to the property next door. Ms. Haning clarified that there is currently nothing developed on the property next door. City of Boerne Page 3 Printed on 6/14/2021 Planning and Zoning Commission Official Meeting Minutes May 10, 2021 A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER BIRD, TO APPROVE 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. THE MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE: YEA: 5- COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER DUNNING, COMMISSIONER COHOON NAY: 0 Approved: 5-0 5. 2021-459 DISCUSSION REGARDING THE REVISED CITYWIDE ZONING MAP AND THE UNIFIED DEVELOPMENT CODE (UDC) CHAPTERS 1-9 TO SPECIFICALLY INCLUDE THE ZONING TABLE OF USES AND THE OVERLAY DISTRICTS. Ms. Haning gave an update on UDC public notifications/community outreach efforts to date. She explained that all documents related to the UDC are now online for the public review process and reviewed the UDC project timeline. Carissa Cox, Planner with Mosaic, explained base zoning and overlay categories, gave an update on the process of amendments to codes and overlays, and reviewed the Overlay Districts At-A-Glance sheets and zoning map. Commission discussion topics included overlay districts, public input and subcommittee comments that are being considered with UDC modifications, non-conforming uses, commercial uses, zoning interactive map, and Special Use Permits (SUPs). Chairman Bannwolf opened pubic comments at 7:41 p.m. City of Boerne Page 4 Printed on 6/14/2021 Planning and Zoning Commission Official Meeting Minutes May 10, 2021 Jack Short shared his appreciation to the Commission for extra meetings that were held for the UDC. He had a question regarding the River Road overlay specific to the setbacks changing and when they will be updated on the website. Ms. Haning clarified setback changes in the River Road overlay are now on the website. Ms. Lynne Engstrom spoke expressing her interest in the UDC process and local government. She also expressed concerns with the clarity of zoning maps that are online. 6. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 7:47 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 7th day of May, 2021 at 5:20 p.m. _______________________________ Secretary City of Boerne Page 5 Printed on 6/14/2021

Agenda

AGENDA SPECIAL CALLED PLANNING AND ZONING COMMISSION WORKSHOP BOERNE CITY HALL 447 North Main Street Monday, May 10, 2021 – 6:00 p.m. 1. CALL TO ORDER – 6:00 PM 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 CODE §551.071 (CONSULTATION WITH ATTORNEY) 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. 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) 3. 2021-457 CONSIDER MOTION TO AMEND ACTION TAKEN ON MAY 3RD TABLING CONSIDERATION OF 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 ORDER THAT THE CREATIVE ALTERNATIVE ITEM BE TAKEN UP FOR CONSIDERATION ON MAY 10, 2021. TAKE NECESSARY ACTION. Attachments: AIS Untable Creative Alternatine - Carpenter Creative Alternative 4. 2021-458 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. City of Boerne Page 1 Printed on 5/7/2021 Planning and Zoning Agenda May 10, 2021 Commission Attachments: AIS Creative Alternative - 33565 IH-10 Att 1 - Location Map Att 2 - Aerial Map Att 3 - Revised Site Plan Att 4 - Google Earth Image 5. 2021-459 DISCUSSION REGARDING THE REVISED CITYWIDE ZONING MAP AND THE UNIFIED DEVELOPMENT CODE (UDC) CHAPTERS 1-9 TO SPECIFICALLY INCLUDE THE ZONING TABLE OF USES AND THE OVERLAY DISTRICTS. Attachments: Downtown At-A-Glance_FINAL Entrance Corridors At-A-Glance_FINAL Heritage Corridors At-A-Glance_FINAL Historic District At-A-Glance_FINAL River Road At-A-Glance_FINAL Scenic Interstate Corridor At-A-Glance_FINAL SOBO At-A-Glance_FINAL 6. 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 CERTIFICATION I herby certify that the above notice of meeting was posted on the 7th day of May, 2021 at 5:20 p.m. Heather Wood _______________________________ Secretary City of Boerne Page 2 Printed on 5/7/2021 Planning and Zoning Agenda May 10, 2021 Commission 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 3 Printed on 5/7/2021

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