Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, August 9, 2021 – 6:00 p.m. PRESENT 6- CHAIRMAN TIM BANNWOLF, COMMISSIONER JOE ANZOLLITTO, COMMISSIONER LUCAS HILER, COMMISSIONER PATRICK COHOON, COMMISSIONER CHESNEY DUNNING ABSENT: COMMISSIONER BILL BIRD, COMMISSIONER BOB CATES STAFF PRESENT: KRISTY STARK, MICK MCKAMIE, LAURA HANING, HEATHER WOOD, KRYSTAL BROWN, BARRETT SQUIRES, REBECCA PACINI, SARA SERRA-BENNETT, RYAN BASS, ROBERT LEE, MIKE MANN, JEFF CARROLL, MELISSA ECKERT RECOGNIZED/REGISTERED GUESTS: CHRISTINA RYRHOLM, JOSHUA VALENTA, FRANK VALDEZ, NICK GOODWIN, JENNIFER LEIGH FLORES-KELLY, PAULINE ROGER, CAROLYN ARNOLD, AARON ARNOLD, LAWRENCE CANEDY, GARRETT KELLER, DEVIN SIMPSON, TREVOR KULBETH, JAVIER CASTELLO 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 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 6:02 p.m. Chairman Bannwolf introduced and welcomed new Assistant City City of Boerne Page 1 Printed on 9/29/2021 Planning and Zoning Commission Official Meeting Minutes August 9, 2021 Manager, Ms. Kristy Stark. 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 4.B. that is part of the Consent Agenda. 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) Lawrence Canedy, resident at 35 Spring Creek Road (outside of Boerne city limits), expressed concerns with the possible location of a back entrance to the Esperanza subdivision that would tie in to the Spring Creek subdivision. 4. CONSENT AGENDA: Chairman Bannwolf recused himself from the Consent Agenda at 6:07p.m. and left the dais. Commissioner Cohoon assumed the Chair. 4.A. 2021-731 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF JULY 12, 2021. 4.B. 2021-732 CONDITIONAL APPROVAL FOR THE FINAL REPLAT FOR BOERNE NORTH BUSINESS PARK, LOT 2A, 10.48 ACRES, 1 NON-RESIDENTIAL LOT (KAD NO. 19962, 19964, 19965, & 299569) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001B OF THE SUBDIVISION ORDINANCE. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER ANZOLLITTO, TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 4- COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER COHOON City of Boerne Page 2 Printed on 9/29/2021 Planning and Zoning Commission Official Meeting Minutes August 9, 2021 NAY: 0 Approved: 4-0 Chairman Bannwolf returned to the dais and assumed the Chair. 5. REGULAR AGENDA: 5.A. 2021-733 TO CONSIDER THE PROPOSED REZONING OF 0.794 ACRES LOCATED AT 32884 INTERSTATE HIGHWAY 10 WEST (KAD 26872) FROM I-2, LIGHT INDUSTRIAL, TO C-4, REGIONAL COMMERCIAL DISTRICT. (6A PROPERTIES, LP/ AARON A. ARNOLD) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Laura Haning, Director of Planning and Community Development, presented the proposed rezoning. Chairman Bannwolf opened the public hearing at 6:11 p.m. Aaron Arnold, applicant for the proposed rezoning, explained that the intent for this request is to broaden his tenant base. Chairman Bannwolf closed the public hearing at 6:12 p.m. Commissioner Dunning questioned if the applicant has current tenants. Mr. Arnold clarified that he does have current tenants but no retail at the moment. Ms. Haning further clarified that the intent is to lease as mixed use for office and retail space. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER ANZOLLITTO, TO APPROVE THE PROPOSED REZONING OF City of Boerne Page 3 Printed on 9/29/2021 Planning and Zoning Commission Official Meeting Minutes August 9, 2021 0.794 ACRES LOCATED AT 32884 INTERSTATE HIGHWAY 10 WEST (KAD 26872) FROM I-2, LIGHT INDUSTRIAL, TO C-4, REGIONAL COMMERCIAL DISTRICT. (6A PROPERTIES, LP/ AARON A. ARNOLD). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 4- COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER COHOON NAY: 0 Approved: 4-0 5.B. 2021-734 CONSIDER A REQUEST FOR A VARIANCE TO THE SUBDIVISION ORDINANCE, ARTICLE 5 STREET SPECIFICATIONS AND CONSTRUCTION STANDARDS, SECTION 5.11.010, ACCESS RESTRICTED ENTRANCE DESIGN STANDARDS, A. ACCESS STANDARDS, TO ALLOW A STACKING DISTANCE OF 88 FEET FROM THE RIGHT-OF-WAY TO THE FIRST VEHICLE STOPPING POINT FOR ESPERANZA PHASE 2G (KAD NO. 14990, 14991, 15019, 15028, & 300730). TAKE NECESSARY ACTION. Ms. Rebecca Pacini, City Planner III., presented the request for a variance and explained that the only vehicles that may be stopping at the gate will be visitors as residents will have push button, electric key access. Commissioner Hiler questioned if there are any safety concerns with vehicles stacking. Mr. Jeff Carroll, Director of Development Services, spoke to the traffic study that was conducted and explained that current code requires stacking distance to be determined by a traffic study with a minimum distance of 60 feet. Commissioner Dunning questioned if the applicant has given a reason why they need the variance. Ms. Pacini explained that they need a variance to accommodate their City of Boerne Page 4 Printed on 9/29/2021 Planning and Zoning Commission Official Meeting Minutes August 9, 2021 current plan. She stated that the way their plan was designed they would need to reconfigure lots and would likely lose a street if required to redesign. Ms. Haning clarified that the traffic study is in line with current UDC, not previous ordinance. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER DUNNING, TO APPROVE THE REQUEST FOR A VARIANCE TO THE SUBDIVISION ORDINANCE, ARTICLE 5 STREET SPECIFICATIONS AND CONSTRUCTION STANDARDS, SECTION 5.11.010, ACCESS RESTRICTED ENTRANCE DESIGN STANDARDS, A. ACCESS STANDARDS, TO ALLOW A STACKING DISTANCE OF 88 FEET FROM THE RIGHT-OF-WAY TO THE FIRST VEHICLE STOPPING POINT FOR ESPERANZA PHASE 2G (KAD NO. 14990, 14991, 15019, 15028, & 300730). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 4- COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER COHOON NAY: 0 Approved: 4-0 5.C. 2021-735 CONSIDER THE PRELIMINARY PLAT FOR ESPERANZA PHASE 2G, 35.276 ACRES, 96 RESIDENTIAL LOTS, 11 OPEN SPACE LOTS, 4 NON-RESIDENTIAL LOTS, AND 10.62 ACRES OF RIGHT-OF-WAY (KAD NO. 14990, 14991, 15019, 15028, & 300730). TAKE NECESSARY ACTION. Chairman Bannwolf moved to item 5.D in error. He rescinded and moved back to item 5.C. Ms. Pacini presented the preliminary plat. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY City of Boerne Page 5 Printed on 9/29/2021 Planning and Zoning Commission Official Meeting Minutes August 9, 2021 COMMISSIONER HILER, TO APPROVE THE PRELIMINARY PLAT FOR ESPERANZA PHASE 2G, 35.276 ACRES, 96 RESIDENTIAL LOTS, 11 OPEN SPACE LOTS, 4 NON-RESIDENTIAL LOTS, AND 10.62 ACRES OF RIGHT-OF-WAY (KAD NO. 14990, 14991, 15019, 15028, & 300730). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 4- COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER COHOON NAY: 0 Approved: 4-0 5.D. 2021-736 CONSIDER THE PRELIMINARY PLAT FOR CORLEY FARMS UNIT 2, 56.868 ACRES, 225 RESIDENTIAL LOTS, 8 OPEN SPACE LOTS, AND 12.52 ACRES OF RIGHT-OF-WAY (KAD NO. 12154 & 12184). TAKE NECESSARY ACTION. Ms. Pacini presented the preliminary plat. Commissioner Cohoon requested to hear from legal counsel on statements made by the community and the developer. Mick McKamie, Associate City Attorney, stated that the issue with back up water supply has been resolved. The ordinance simply requires certified and licensed water/utility providers be shown on platting documents. They are in compliance with subdivision regulations. When utilities are being provided by a state approved and licensed entity, that's the end of the City's authority. Commissioner Anzollitto asked for clarification regarding Boerne water supply not being a back up source to this development. Mike Mann, Director of Utilities, explained that the City is in no way connected to the water source. The City will provide sewer and gas services. Mr. McKamie further explained that in the DA City does have rights to all City of Boerne Page 6 Printed on 9/29/2021 Planning and Zoning Commission Official Meeting Minutes August 9, 2021 ground water on that property. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER DUNNING, TO APPROVE THE PRELIMINARY PLAT FOR CORLEY FARMS UNIT 2, 56.868 ACRES, 225 RESIDENTIAL LOTS, 8 OPEN SPACE LOTS, AND 12.52 ACRES OF RIGHT-OF-WAY (KAD NO. 12154 & 12184). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 4- COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER COHOON NAY: 0 Approved: 4-0 5.E. 2021-737 UNTABLE THE PROPOSED PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT FOR 1.27 ACRES LOCATED BETWEEN STAHL AND NORTH PLANT STREETS (BETWEEN 115 STAHL STREET AND 400 ROSEWOOD - A PORTION OF KAD NO. 20028 AND ALL OF KAD NO. 63697) (JAY PARKER/ TROPHY PROPERTIES). A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY COMMISSIONER HILER, TO UNTABLE THE PROPOSED PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT FOR 1.27 ACRES LOCATED BETWEEN STAHL AND NORTH PLANT STREETS (BETWEEN 115 STAHL STREET AND 400 ROSEWOOD - A PORTION OF KAD NO. 20028 AND ALL OF KAD NO. 63697) (JAY PARKER/ TROPHY PROPERTIES). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 4- COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER COHOON NAY: 0 Approved: 4-0 5.F. 2021-738 CONSIDER THE PROPOSED PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT FOR 1.27 ACRES LOCATED BETWEEN STAHL City of Boerne Page 7 Printed on 9/29/2021 Planning and Zoning Commission Official Meeting Minutes August 9, 2021 AND NORTH PLANT STREETS (BETWEEN 115 STAHL STREET AND 400 ROSEWOOD - A PORTION OF KAD NO. 20028 AND ALL OF KAD NO. 63697) (JAY PARKER/ TROPHY PROPERTIES). Ms. Haning presented the proposed Planned Unit Development to include a 4 foot concrete pathway on the southern side, same as on the northern. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER ANZOLLITTO, TO APPROVE THE PROPOSED PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT FOR 1.27 ACRES LOCATED BETWEEN STAHL AND NORTH PLANT STREETS (BETWEEN 115 STAHL STREET AND 400 ROSEWOOD - A PORTION OF KAD NO. 20028 AND ALL OF KAD NO. 63697) (JAY PARKER/ TROPHY PROPERTIES). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 4- COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER COHOON NAY: 0 Approved: 4-0 6. DISCUSSION ITEMS: 6.A. 2021-739 COMPREHENSIVE MASTER PLAN FUTURE UPDATE. Ms. Haning gave a brief overview of the city's comprehensive master plan. Commission discussion included goals, values and processes within the plan. Commissioner Anzollitto commented on the possibility of incorporating an agenda item to regular meetings to discuss potential ideas and suggestions the Commission may wish to make to City Council for the budgeting process. City of Boerne Page 8 Printed on 9/29/2021 Planning and Zoning Commission Official Meeting Minutes August 9, 2021 Chairman Bannwolf asked that Commissioner Anzollitto Chair a subcommittee to track items to move towards City Council for funding. Commissioner Cohoon suggested holding a workshop in the near term to see what ideas are out there. Chairman Bannwolf commented on possibly holding a workshop in the fall (early October)to discuss a more formal process. Commissioner Dunning asked if the city is soliciting public surveys for citizen input and expressed the importance of cultivating community awareness. Ms. Haning responded that surveys ranking items of importance could be utilized to promote public input. 6.B. 2021-740 SHORELINE PARK UPDATE REGARDING DRAINAGE AND LID FEATURES FOR THE DEVELOPMENT. Dr. Troy Dorman, Director of Water Resources, South/Central Texas with Halff Associates, Inc., gave an update on the Drainage Master Plan and Water Quality Improvements for the Shoreline Park Development. Commission discussion included issues that have been resolved regarding silt fences, site design, storm water overflow, drainage and runoff. Commissioner Anzollitto thanked Dr. Dorman and KB Homes for going over and above to meet old code and new code. Mr. Jason Townsley, Director of Land Development with KB Homes, spoke regarding the construction phase and explained the process for contractors and third party inspectors that check all silt fencing and temporary erosion controls within 24 hours of a rain event. Chairman Bannwolf shared that he recently went on a site visit to the Shoreline Park development, alongside Mayor Tim Handren, Planning City of Boerne Page 9 Printed on 9/29/2021 Planning and Zoning Commission Official Meeting Minutes August 9, 2021 and Zoning Commissioner Joe Anzollitto, Dr. Troy Dorman, and a few other members of KB Homes. Chairman Bannwolf allowed for public comments on this item. No comments were received. No Action Taken. 10. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place No comments were received. 11. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 7:32 p.m. _______________________________ Chairman CERTIFICATION I hereby certify that the above notice of meeting was posted on the 6th day of August, 2021, at 5:00 p.m. ______________________________ Secretary City of Boerne Page 10 Printed on 9/29/2021