Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL 447 North Main Street Monday, June 14, 2021 – 6:00 p.m. PRESENT 7- CHAIRMAN TIM BANNWOLF, COMMISSIONER CHESNEY DUNNING, COMMISSIONER BILL BIRD, COMMISSIONER BOB CATES, COMMISSIONER JOE ANZOLLITTO, COMMISSIONER LUCAS HILER, COMMISSIONER PATRICK COHOON STAFF PRESENT: JEFF THOMPSON, BARBARA QUIRK, LAURA HANING, HEATHER WOOD, BARRETT SQUIRES, REBECCA PACINI, SARA SERRA-BENNETT, RYAN BASS, KRYSTAL BROWN RECOGNIZED GUESTS: CARISSA COX, JONNY ROSA, DENNIS OWEN, MAY MCCARTHY, DAVID DOCTER, PETE PETERS, MARI O'BRIEN, DIANNE TAYLOR, STEPHEN SMITH, PAMELA MCGONAGILL, JACK HEARN, ROY FELLOWS, URFAN DAR, CONNIE CARLEY, MELVIN CARLEY, DAVID WATSON, SHRAON RAMEY, PAUL RAMEY, LINDA MCCARTHY, TOM MCARTHY 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 Chairman Bannwolf called the Planning and Zoning Commission to order at 6:04 p.m. City of Boerne Page 1 Printed on 7/13/2021 Planning and Zoning Commission Official Meeting Minutes June 14, 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. CONFLICTS OF INTEREST None 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) Chairman Bannwolf moved public comments to time of the agenda item. 4. REGULAR AGENDA: 4.A. 2021-551 ELECTION OF VICE-CHAIR AND SECRETARY. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER ANZOLLITTO, TO ELECT COMMISSIONER PATRICK COHOON AS VICE PRESIDENT AND COMMISSIONER CATES AS SECRETARY. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER ANZOLLITTO, COMMISSIONER DUNNING, COMMISSIONER HILER, COMMISSIONER COHOON NAY: 0 Approved: 6-0 4.B. 2021-552 TO CONSIDER THE PROPOSED ADOPTION OF THE REVISED CITY OF BOERNE ZONING MAP FOR A CITYWIDE REZONING AND AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) ADOPTED NOVEMBER 24, 2020, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO CHAPTER 2, PROCEDURES AND CHAPTER 3, ZONING (WHICH INCLUDE OVERLAY DISTRICTS), CHAPTER 8, ENVIRONMENTAL DESIGN AND APPENDICES A, DEFINITIONS. City of Boerne Page 2 Printed on 7/13/2021 Planning and Zoning Commission Official Meeting Minutes June 14, 2021 I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Laura Haning, Director of Planning and Community Development, gave presentation on the process of the Unified Development Code (hereinafter, UDC) and reviewed the Master Plan as it relates to the UDC. Chairman Bannwolf opened the public hearing at 6:32 p.m. Jonny Rosa, property owner of 605 South Main Street, spoke regarding the growth of Boerne and the notification process of the UDC stating there should have been more time for planning. Dennis Owen, property owner of two buildings on Industrial Parkway, spoke regarding concerns with zoning reclassifications with the new UDC specific to retail uses being limited. May McCarthy, spoke regarding concerns with proposed Special Use Permit (SUP) requirements for mixed use lots. Mari O'Brien, resident at 153 Richter Avenue, spoke regarding concerns with UDC specific to easements being altered. Stephen Herrera, spoke regarding concerns with the proposed new zoning category for his property. Kathy Davidson, owner of Mission Upholstery, spoke regarding concerns with possible modifications to use(s) as they might relate to mixed use (residential/commercial). Connie Carley, resident at 303 West Frederick Creek, spoke regarding a comment card she turned in at the last UDC open house. She stated she was not contacted after the open house regarding her questions about cottage home communities and allowed uses in the Entrance Corridors specific to X-rated movie facilities. City of Boerne Page 3 Printed on 7/13/2021 Planning and Zoning Commission Official Meeting Minutes June 14, 2021 Chairman Bannwolf called on City Attorney Barbara Quirk to explain state law restrictions on municipalities regulating sexually oriented businesses. Ms. Quirk explained that cities can not completely prohibit "gentleman's clubs" but in certain situations can regulate location designations. Chairman Bannwolf closed the public hearing at 7:03 p.m. Commission discussion ensued regarding mixed use categories specific to Ms. McCarthy earlier stated concerns. Ms. Haning clarified that SUPs will not be required in mixed use when the use is already allowed in the base zoning. Chairman Bannwolf expressed appreciation to citizens for their participation, to staff and all who were involved in the UDC amendment process. Fellow Commissioners echoed ...point of clarification....purpose of the overlays....multi tenant building as permitted use...permitted in base zoning...opportunity final product... cohoon-grammatical ...reflect collaboration... law or ordinance....req clarification....trying to govern ourselves.... anz- echo bird-echo result of the subcommittee ...citizen input... hiler-learning all of the information ....observing the changes...cont...to learn and practically apply...appreciation to subcommittee...appreciation to all involved...in support of dunning-request city staff...amendment process... Laura-as part of condition...legal review...hired to review...fix any City of Boerne Page 4 Printed on 7/13/2021 Planning and Zoning Commission Official Meeting Minutes June 14, 2021 grammar issues... can make clerical changes...after tonight...timeline...opportunity to edit...poss annual...broader scope rewrite... Commissioner Anzillitto welcomed continued comments from the public. Commissioner Cates had concerns with the terminology "shall, may, should" and requested this be part of the legal review and a condition in the motion. A MOTION WAS MADE BY COMMISSIONER DUNNING, SECONDED BY COMMISSIONER CATES, TO APPROVE THE PROPOSED ADOPTION OF THE REVISED CITY OF BOERNE ZONING MAP FOR A CITYWIDE REZONING AND AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) ADOPTED NOVEMBER 24, 2020, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO CHAPTER 2, PROCEDURES AND CHAPTER 3, ZONING (WHICH INCLUDE OVERLAY DISTRICTS), CHAPTER 8, ENVIRONMENTAL DESIGN AND APPENDICES A, DEFINITIONS. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER ANZOLLITTO, COMMISSIONER DUNNING, COMMISSIONER HILER, COMMISSIONER COHOON NAY: 0 Approved: 6-0 THIS MISC WAS APPROVED. 5. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF – NO DISCUSSION OR ACTION MAY TAKE PLACE. No comments were received. 6. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 7:35 p.m. City of Boerne Page 5 Printed on 7/13/2021 Planning and Zoning Commission Official Meeting Minutes June 14, 2021 _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 11th day of June, 2021 at 5:00 p.m. _______________________________ Secretary City of Boerne Page 6 Printed on 7/13/2021