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Planning and Zoning Commission

Regular Meeting

Boerne, TX · October 4, 2021

AgendaMinutes

Minutes

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, October 4, 2021 – 6:00 p.m. PRESENT 6- CHAIRMAN TIM BANNWOLF, COMMISSIONER LUCAS HILER, COMMISSIONER CHESNEY DUNNING, COMMISSIONER BILL BIRD, COMMISSIONER BOB CATES LATE: COMMISSIONER JOE ANZOLLITTO ABSENT: COMMISSIONER PATRICK COHOON STAFF PRESENT: KRISTY STARK, MICK MCKAMIE, LAURA HANING, HEATHER WOOD, BARRETT SQUIRES, REBECCA PACINI, SARA SERRA-BENNETT, RYAN BASS, CHERYL ROGERS RECOGNIZED/REGISTERED GUESTS: CHRISTINA RYRHOLM, RODNEY YATES, SHERRY YATES, CURTIS TARWATER, SANDRA BILLINGSLEY, SHAWN FRANKE, LORI FRANKE, RICK HENDRICKS, ANTONIO CAVAZOS, PHIL HUNKE, TYLER MEALS, DRAKE THOMPSON, JACOB OBADIA, JACK SHORT, RICHARD GROSS, AL GRUMBLES, AMY GRUMBLES 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 6:00 p.m. City of Boerne Page 1 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 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 Commissioner Chesney Dunning declared a conflict with item 5.B. Commissioner Bill Bird declared a conflict with item 5.C. 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) Rodney Yates, resident at 30-32 Sisterdale Road and owner of the portion of the property facing Blanco Road that is located at 1002 East Blanco Road, spoke in favor of the proposed rezoning for item 5.B. Commissioner Joe Anzollitto arrived at 6:05 p.m. 4. CONSENT AGENDA: 4.A. 2021-823 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 13, 2021. 4.B. 2021-824 CONDITIONAL APPROVAL FOR THE FINAL PLAT FOR BENT TREE UNIT 3, 40.04 ACRES, 25 RESIDENTIAL LOTS, 2 OPEN SPACE LOTS, AND 2.77 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 13824) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE. 4.C. 2021-825 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR ESPERANZA PHASE 3A PRELIMINARY PLAT GENERALLY LOCATED NORTHWEST OF THE PROPOSED INTERSECTION OF ESPERANZA BOULEVARD AND SPLENDIDO (KAD NO. 14990, 45852, AND 15028). TAKE NECESSARY ACTION. Chairman Bannwolf called on Associate City Attorney, Mick McKamie to explain the 30-day response time on plat submittals. City of Boerne Page 2 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 Mr. McKamie clarified that state law requires the Planning and Zoning Commission take action on plat applications within 30 days of submittal (formal filing) and the city nor the commission may request that the applicant provide a waiver. The applicant can respond without time limitations. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER DUNNING, TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER DUNNING NAY: 0 Approved: 6-0 Present 6 - Commissioner Chesney Dunning, Secretary/Treasurer Bob Cates, Commissioner Joe Anzollitto, Commissioner Bill Bird, Chairman Tim Bannwolf, and Commissioner Charles Hiler Absent 1 - Vice Chair Patrick Cohoon 5. REGULAR AGENDA: 5.A. 2021-826 TO CONSIDER THE PROPOSED REZONING OF 1.0672 ACRES LOCATED AT 128 ARANSAS PASS (SUNRISE ADDITION BLK 6 LOT 15, 19, 20 & PT 21, KAD 26712) FROM R2-M RR, MODERATE DENSITY RESIDENTIAL RIVER ROAD OVERLAY, TO C2 RR, TRANSITIONAL COMMERCIAL RIVER ROAD OVERLAY. (ROBERT S. THORNTON L.P.) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Sara Serra-Bennett, City Planner II., presented the proposed rezoning. City of Boerne Page 3 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 Chairman Bannwolf opened the public hearing at 6:19 p.m. Mr. Travis Roberson, applicant and resident at 313 Frey Street, spoke to the draft concept plan for this proposed site that is designed as short term, high end rentals. He explained that the property owner and his intention as the developer, is to be flexible and sensitive to neighbors concerns regarding dumpster screening, potential impact of noise generated by development, and on street parking. Mr. Curtis Tarwater, resident at 123 Aransas Pass, expressed concerns with the following: converting residential property to commercial, parking, food waste/dumpster location, resale value of his property being negatively impacted, potential increase of property taxes, and increased traffic. Mr. Jack Short, resident at 31611 Wild Oak Hill, Fair Oaks Ranch, Texas, and owner of property across from Aransas Pass, expressed appreciation to the commission for recent Unified Development Code process. He spoke regarding concerns with on street parking on River Road and limited parking on Aransas Pass. Mr. Roberson responded to citizen concerns regarding noise, parking, and food waste/dumpster location. He explained that this concept exceeds code required parking; they have created more onsite parking and it meets requirements for development. As a local developer he attempts to be a good neighbor and is responsive to their concerns. Dumpster screening will be addressed during the building permit process. The proposed concept is in line with the Master Plan. Ms. Laura Haning, Planning and Community Development Director, stated that this proposed rezoning request is consistent with the River Road District Overlay. Commission discussion ensued regarding the River Road Overlay District requirements, and concerns with parking and noise. City of Boerne Page 4 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 Chairman Bannwolf closed the public hearing at 6:40 p.m. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER HILER, TO APPROVE THE PROPOSED REZONING OF 1.0672 ACRES LOCATED AT 128 ARANSAS PASS (SUNRISE ADDITION BLK 6 LOT 15, 19, 20 & PT 21, KAD 26712) FROM R2-M RR, MODERATE DENSITY RESIDENTIAL RIVER ROAD OVERLAY, TO C2 RR, TRANSITIONAL COMMERCIAL RIVER ROAD OVERLAY. (ROBERT S. THORNTON L.P.) THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6 - CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER DUNNING NAY: 0 Approved: 6-0 5.B. 2021-827 TO CONSIDER THE PROPOSED REZONING OF 0.564 ACRES LOCATED AT 1002 EAST BLANCO ROAD (HIGHLAND HOMES BLK PT 1, KAD 298100) FROM O1, NEIGHBORHOOD OFFICE DISTRICT, TO C1, NEIGHBORHOOD COMMERCIAL DISTRICT. (ANTONIO CAVAZOS-ESCOBAR) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Commissioner Dunning recused herself from item 5.B. and left the dais at 6:52 p.m. Ms. Serra-Bennett presented the proposed rezoning. Chairman Bannwolf opened the public hearing at 6:54 p.m. Dr. Rajesh Sharma, property owner of this site, spoke regarding his City of Boerne Page 5 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 desire to have a medical office with a diagnostic lab at this location, which has prompted the proposed rezoning request. Ms. Sandra Billingsley, resident at 1013 East Blanco Road, expressed concerns with possible issues with other uses such as alcohol sales that would be allowed with C1 zoning. Ms. Laura Haning explained that the C1 Neighborhood Commercial is a less impactful type of commercial zoning that acts as buffer to residential. Mr. Jonah Evans, resident at 117 Oak Lane, spoke regarding concerns with other uses allowed in the C1 zoning category and no guarantee for what type of business could come in the future with this zoning. He is in support of a Special Use Permit (hereinafter, SUP) for the medical office with diagnostic center, but not in favor of the proposed rezoning. He has a list of ten neighbors who are opposed. Al Grumbles, resident at 103 Cedars Creek, spoke in opposition of rezoning but in favor of the desired medical office use. Kevin Thompson, resident at 102 Oak Lane, spoke in opposition of the proposed rezoning, but in favor of the medical office use. He stated that an O1 zoning would be a better fit. Commission discussion included questions regarding previous uses, concerns with allowed uses in proposed rezoning category, and the possibility of a Special Use Permit allowing the medical office use with a diagnostic lab without having to rezone. Dr. Sharma explained that the previous use at this location was a physical therapy facility. He spoke about the growth of his practice that has created a demand for space and need for future expansion which has prompted this request to ensure flexibility to expand. Ms. Serra-Bennett clarified that this building and a second building on City of Boerne Page 6 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 the same lot are platted as one property, with two KAD numbers and split lots for zoning (one parcel, two zonings). The proposed rezoning is not for the entire platted lot, only KAD number 298100. If request for C1 rezoning is denied, applicant can apply for a SUP. Commission comments were in favor of a SUP to accommodate the desired use for the property, but not in favor of the rezoning. Chairman Bannwolf closed the public hearing at 7:27 p.m. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER ANZOLLITTO, TO DENY THE PROPOSED REZONING OF 0.564 ACRES LOCATED AT 1002 EAST BLANCO ROAD (HIGHLAND HOMES BLK PT 1, KAD 298100) FROM O1, NEIGHBORHOOD OFFICE DISTRICT, TO C1, NEIGHBORHOOD COMMERCIAL DISTRICT. (ANTONIO CAVAZOS-ESCOBAR) THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER NAY: 0 Approved: 5-0 5.C. 2021-828 TO CONSIDER THE PROPOSED REZONING AND SPECIAL USE PERMIT FOR 1.9 ACRES LOCATED AT 21 OLD SAN ANTONIO ROAD (A10441 - SURVEY 183 J SMALL, KAD 15816), REZONING THE PROPERTY FROM C1-HC, NEIGHBORHOOD COMMERCIAL - HERITAGE CORRIDOR DISTRICT, TO R4-U-HC, URBAN MULTI-FAMILY RESIDENTIAL - HERITAGE CORRIDOR DISTRICT, AND CONSIDERING A SPECIAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT WITH EIGHTEEN UNITS OR LESS PER ACRE. (GUILLERMO CAVAZOS) I. STAFF PRESENTATION II. PUBLIC HEARING City of Boerne Page 7 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 III. MAKE RECOMMENDATION Commissioner Dunning returned to the dais at 7:30 p.m. Commissioner Bird recused himself from item 5.C. and left the dais at 7:30 p.m. Ms. Serra-Bennett presented the proposed rezoning and Special Use Permit. Mr. Ryan Bass, City Environmental Planner/Urban Forester, spoke regarding the location of one of the oak trees on the site plan. He spoke to the significance of the tree size and his recommendation to the applicant to preserve this particular oak tree and to provide a tree preservation plan. Chairman Bannwolf called on Mr. McKamie to clarify if conditions could be placed on SUP requests. Mr. McKamie clarified that reasonable conditions could be placed on SUP requests to protect neighboring properties, property values and/or to address issues on the property. Chairman Bannwolf opened the public hearing at 7:40 p.m. Applicant Guillermo Cavazos spoke regarding preserving the tree in question. He would be prepared to modify the plan to allow for tree preservation and possibly hire an arborist to make recommendations. Will need to survey the site as well. Commission discussion included questions regarding what calculations are used to determine the root protection zone, allowed conditions on SUPs and timelines for resubmittal of revised site plan. Ms. Haning asked Mr. McKamie for clarification regarding timeline for resubmittal and that the condition is only for the revision to the site plan; both the SUP and rezoning request will not change. City of Boerne Page 8 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 Mr. McKamie clarified that the revision will only be to the site plan, and once this item is tabled the time period will be whenever the condition has been met. Chairman Bannwolf closed the public hearing at 7:48 p.m. A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY COMMISSIONER HILER, TO TABLE THE PROPOSED REZONING AND SPECIAL USE PERMIT FOR 1.9 ACRES LOCATED AT 21 OLD SAN ANTONIO ROAD (A10441 - SURVEY 183 J SMALL, KAD 15816), REZONING THE PROPERTY FROM C1-HC, NEIGHBORHOOD COMMERCIAL - HERITAGE CORRIDOR DISTRICT, TO R4-U-HC, URBAN MULTI-FAMILY RESIDENTIAL - HERITAGE CORRIDOR DISTRICT, AND CONSIDERING A SPECIAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT WITH EIGHTEEN UNITS OR LESS PER ACRE UNTIL SUCH A TIME THAT THE APPLICANT COMES BACK WITH AN ARBORIST RECOMMENDATION ON THE TREE PRESERVATION PROTECTION DURING CONSTRUCTION AND AFTERWARDS AND BE REFLECTED ON A REVISED SITE PLAN. (GUILLERMO CAVAZOS). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER NAY: 0 Approved: 5-0 5.D. 2021-829 TO CONSIDER THE PROPOSED SPECIAL USE PERMIT FOR A DRIVE-THRU FACILITY LOCATED AT 1313 AND 1361 SOUTH MAIN STREET (WAL-MART SHOPPING CENTER BLK 1 LOT 1 AND LOT 2C (REPLAT), KAD 27528 AND KAD 27529, 7.708 ACRES) IN A C3-EC, COMMUNITY COMMERCIAL - ENTRANCE CORRIDOR DISTRICT. (MICHAEL K. GARROTT). I. STAFF PRESENTATION City of Boerne Page 9 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Serra-Bennett presented the proposed SUP. Ms. Haning added that the applicant has submitted an initial Traffic Impact Analysis worksheet and queuing information. Cheryl Rogers, City Engineer, spoke regarding a meeting with the applicant's engineer. They discussed the trip distribution analysis, where traffic will be coming from, the peak hour(s) trip generation worksheet which determines what level of TIA will be required, and estimated number of trips generated by the proposed business. Mornings will be peak hours for traffic. Ms. Serra-Bennett added that peak hour traffic will likely be from 7a.m. -9a.m. and that the majority of stores in the area do not open until around 10 a.m. Chairman Bannwolf opened the public hearing at 8:05 p.m. Michael Garrott, developer for this site and resident at 330 Bear Creek Drive New Braunfels, explained that the proposed development would be located in an already developed, under utilized parking lot. The applicant will lease the land and build a small building to install a drive-thru coffee shop. Peak hours are in the morning, order taking/transactions are made by iPads, there is one designated area for walk up customers, sales and property taxes will be a benefit to the city, they will not have a need to change impervious cover as it is an already developed site, proposal leaves ample parking spaces for other businesses, serve all drinks and have no grease traps, and no foreseen changes with TxDot Right of Way (hereinafter, ROW). Commission discussion included questions regarding TIA worksheet numbers provided, where customers will enter the location, concerns with nearby business' (Jiffy Lube) activity, impact to neighboring businesses, and stacking and traffic concerns. City of Boerne Page 10 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 Mr. Shawn Franke, owner of the Main Street eye doctors office, expressed concerns with queuing, safety of elderly patients, increase of traffic, and parking issues. Mr. Garrott addressed concerns regarding traffic stating peak hour traffic is between 7 a.m. and 9 a.m. and most surrounding businesses open later. It is anticipated that the majority of traffic will be coming in from the entrance closest to Jiffy Lube and out on Bandera Road. There are dual lanes, iPads are used to physically take orders to quickly process them and help shorten stacking. Mr. John Collins, civil engineer and owner of the property, addressed concerns of where traffic will enter and exit. There are four ingress and egress points. Ms. Cheryl Rogers added that the TIA does not show stacking, but city regulations require a minimum of 10 stacking spaces and they are showing 17 on site plan. Mr. Travis Roberson spoke from a developer standpoint and as a neighbor stating he is in favor of the proposal. Chairman Bannwolf closed the public hearing at 9:04 p.m. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER ANZOLLITTO, TO APPROVE THE PROPOSED SPECIAL USE PERMIT FOR A DRIVE-THRU FACILITY LOCATED AT 1313 AND 1361 SOUTH MAIN STREET (WAL-MART SHOPPING CENTER BLK 1 LOT 1 AND LOT 2C (REPLAT), KAD 27528 AND KAD 27529, 7.708 ACRES) IN A C3-EC, COMMUNITY COMMERCIAL - ENTRANCE CORRIDOR DISTRICT. (MICHAEL K. GARROTT). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER BIRD City of Boerne Page 11 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 NAY: 0 Approved: 6-0 5.E. 2021-830 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 LESS THAN 100 FEET FROM THE RIGHT-OF-WAY TO THE FIRST VEHICLE STOPPING POINT FOR ESPERANZA PODS SF-11A, SF-11B, SF-11C, SF-12A, SF-12B, SF-12C, SF-13A, SF-13B, SF-14A, SF-14B, SF-15, SF-16A, SF-16B, SF-17A, SF-17B, SF-18A, SF-18B, SF-18C, SF-19A, SF-19B, SF-19C, SF-20A, SF-20B, AND SF/MF-21 (KAD NO. 14990, 14991, 15019, 15028, 42994, 45473, & 45852). TAKE NECESSARY ACTION. Ms. Rebecca Pacini, City Planner III., presented the variance. Commissioner Bird had a question regarding emergency vehicles. Ms. Pacini clarified that street width and gate (electronic gate) requirements referencing emergency access are met. Commissioner Anzillitto questioned if conditions can be added to the stacking distance. Ms. Pacini clarified that the Commission can make the condition in the motion. A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY COMMISSIONER HILER, TO APPROVE 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 LESS THAN 100 FEET FROM THE RIGHT-OF-WAY TO THE FIRST VEHICLE City of Boerne Page 12 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 STOPPING POINT FOR ESPERANZA PODS SF-11A, SF-11B, SF-11C, SF-12A, SF-12B, SF-12C, SF-14A, SF-14B, SF-15, SF-16A, SF-16B, SF-17A, SF-17B, SF-18A, SF-18B, SF-18C, SF-19A, SF-19B, SF-19C, SF-20A, SF-20B, AND SF/MF-21A (KAD NO. 14990, 14991, 15019, 15028, 42994, 45473, & 45852) WITH THE AMENDMENT OF 60 FEET MINIMUM DISTANCE FROM THE RIGHT-OF-WAY TO FIRST VEHICLE STOPPING POINT. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER BIRD NAY: 0 Approved: 6-0 5.F. 2021-831 CONSIDER THE PRELIMINARY PLAT FOR ESPERANZA PHASE 3A, 21.687 ACRES, 49 RESIDENTIAL LOTS, 3 OPEN SPACE LOTS, AND 4.713 ACRES OF RIGHT-OF-WAY (KAD NO. 14990, 45852, and 15028). TAKE NECESSARY ACTION. This item was removed from the agenda due to receiving approval of the 30-day time extension on the Consent Agenda. 5.G. 2021-842 CONSIDER THE PRELIMINARY PLAT FOR 502 S SCHOOL ST, 4.9106 ACRES, 12 RESIDENTIAL LOTS, 1 OPEN SPACE LOT, AND 0.883 ACRES OF RIGHT-OF-WAY LOCATED AT 502 S. SCHOOL ST. (KAD NO. 14381 & 14412). TAKE NECESSARY ACTION. Ms. Pacini presented the preliminary plat. Commission discussion ensued regarding tree 104 that is shown in the ROW, the C1 commercial zoning on this site, and the variance that was granted through the Board of Adjustments. Ms. Pacini and Ms. Haning explained options for the commission to act on this item. They can approve, approve with conditions, deny, or table the item. City of Boerne Page 13 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 Mr. Rick Hendricks, engineer on the project and resident at 1715 Slumber Pass, San Antonio, spoke regarding the drainage easement channel on the plat, the street alignment shown to save tree number 104 and noted what legacy and heritage trees were saved to meet code. A MOTION WAS MADE BY COMMISSIONER DUNNING, SECONDED BY COMMISSIONER CATES, TO DENY THE PRELIMINARY PLAT FOR 502 S SCHOOL ST, 4.9106 ACRES, 12 RESIDENTIAL LOTS, 1 OPEN SPACE LOT, AND 0.883 ACRES OF RIGHT-OF-WAY LOCATED AT 502 S. SCHOOL ST. (KAD NO. 14381 & 14412). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER DUNNING, COMMISSIONER ANZOLLITTO, COMMISSIONER HILER, COMMISSIONER BIRD NAY: 0 Approved: 6-0 6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place Ms. Haning reminded the Commission that an Impact Fee Advisory Board meeting will be held on November 1, 2021 at 5:30 p.m. and that a special called Planning and Zoning Commission meeting will need to be scheduled in November to review plats. Commission agreed on November 22, 2021 for the special called meeting. Chairman Bannwolf presented Commissioner Chesney Dunning and Commissioner Bob Cates with awards for their participation on a subcommittee that assisted with the Unified Development Code. 7. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at City of Boerne Page 14 Printed on 11/8/2021 Planning and Zoning Commission Official Meeting Minutes October 4, 2021 9:42 p.m. _______________________________ Chairman _______________________________ Secretary City of Boerne Page 15 Printed on 11/8/2021

Agenda

AGENDA PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, October 4, 2021 – 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 TEXAS GOVERNMENT CODE §551.071 (CONSULTATION WITH ATTORNEY) 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. 2021-823 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 13, 2021. Attachments: 21-0913 Official Meeting Minutes 4.B. 2021-824 CONDITIONAL APPROVAL FOR THE FINAL PLAT FOR BENT TREE UNIT 3, 40.04 ACRES, 25 RESIDENTIAL LOTS, 2 OPEN SPACE LOTS, AND 2.77 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 13824) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE. City of Boerne Page 1 Printed on 10/1/2021 Planning and Zoning Agenda October 4, 2021 Commission Attachments: AIS Bent Tree Unit 3 Final Plat Att 1 - Location Map Att 2 - Aerial Map Att 3 - Bent Tree Master Final Development Plan Att 4 - Bent Tree Unit 3 Plat 4.C. 2021-825 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR ESPERANZA PHASE 3A PRELIMINARY PLAT GENERALLY LOCATED NORTHWEST OF THE PROPOSED INTERSECTION OF ESPERANZA BOULEVARD AND SPLENDIDO (KAD NO. 14990, 45852, AND 15028). TAKE NECESSARY ACTION. Attachments: AIS - Esperanza 3A Prelim Plat 30 Day Time Extension Att 1 - Location Map Att 2 - Aerial Map Att 3 - Request 30-Day Time Extension for Esperanza Ph 3A Preliminary Plat Att 4 - Esperanza Ph 3A Preliminary Plat 5. REGULAR AGENDA: 5.A. 2021-826 TO CONSIDER THE PROPOSED REZONING OF 1.0672 ACRES LOCATED AT 128 ARANSAS PASS (SUNRISE ADDITION BLK 6 LOT 15, 19, 20 & PT 21, KAD 26712) FROM R2-M RR, MODERATE DENSITY RESIDENTIAL RIVER ROAD OVERLAY, TO C2 RR, TRANSITIONAL COMMERCIAL RIVER ROAD OVERLAY. (ROBERT S. THORNTON L.P.) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Attachments: AIS -128 Aransas Pass - Rezone Att 1 - Location Map Att 2 - Current Zoning Att 4 - R2-M Table of Uses Att 5 - C-2 Table of Uses Att 6 - Concept Plan Att 7 - Overlay District Att 8 - Future Land Use Att 9 - 21-0826 BOND Report City of Boerne Page 2 Printed on 10/1/2021 Planning and Zoning Agenda October 4, 2021 Commission 5.B. 2021-827 TO CONSIDER THE PROPOSED REZONING OF 0.564 ACRES LOCATED AT 1002 EAST BLANCO ROAD (HIGHLAND HOMES BLK PT 1, KAD 298100) FROM O1, NEIGHBORHOOD OFFICE DISTRICT, TO C1, NEIGHBORHOOD COMMERCIAL DISTRICT. (ANTONIO CAVAZOS-ESCOBAR) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Attachments: AIS - 1002 East Blanco Road Att 1 - Location Map Att 2 - Current Zoning Map Att 3 - Proposed Zoning Map Att 4 - Future Land Use Map Att 5 - Table of Uses C1 and O1 Att 6 - 21-0921 BOND Report 5.C. 2021-828 TO CONSIDER THE PROPOSED REZONING AND SPECIAL USE PERMIT FOR 1.9 ACRES LOCATED AT 21 OLD SAN ANTONIO ROAD (A10441 - SURVEY 183 J SMALL, KAD 15816), REZONING THE PROPERTY FROM C1-HC, NEIGHBORHOOD COMMERCIAL - HERITAGE CORRIDOR DISTRICT, TO R4-U-HC, URBAN MULTI-FAMILY RESIDENTIAL - HERITAGE CORRIDOR DISTRICT, AND CONSIDERING A SPECIAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT WITH EIGHTEEN UNITS OR LESS PER ACRE. (GUILLERMO CAVAZOS) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION City of Boerne Page 3 Printed on 10/1/2021 Planning and Zoning Agenda October 4, 2021 Commission Attachments: AIS - 21 Old San Antonio Road Att 1 - Location Map Att 2 - Current Zoning Att 3 - Overlay District Att 4 - Proposed Zoning Att 5 - Future Land Use Map Att 6 - Table of Uses C1 Att 7 - Table of Uses R4-U Att 8 - Heritage Corridor Overlay District Att 9 - Proposed Site Plan Att 10 - 21-0921 BOND Report 5.D. 2021-829 TO CONSIDER THE PROPOSED SPECIAL USE PERMIT FOR A DRIVE-THRU FACILITY LOCATED AT 1313 AND 1361 SOUTH MAIN STREET (WAL-MART SHOPPING CENTER BLK 1 LOT 1 AND LOT 2C (REPLAT), KAD 27528 AND KAD 27529, 7.708 ACRES) IN A C3-EC, COMMUNITY COMMERCIAL - ENTRANCE CORRIDOR DISTRICT. (MICHAEL K. GARROTT). I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Attachments: AIS - 1313 and 1361 South Main Street Att 1 - Location Map Att 2 - Current Zoning Map Att 3 - Overlay District Map Att 4 - Table of Uses C3 Att 5 - Entance Corridors Att 6 - Development Impact Report Att 7 - Proposed Site Plan Att 8 - 21-0921 BOND Report 5.E. 2021-830 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 LESS THAN 100 FEET FROM THE RIGHT-OF-WAY TO THE FIRST VEHICLE City of Boerne Page 4 Printed on 10/1/2021 Planning and Zoning Agenda October 4, 2021 Commission STOPPING POINT FOR ESPERANZA PODS SF-11A, SF-11B, SF-11C, SF-12A, SF-12B, SF-12C, SF-13A, SF-13B, SF-14A, SF-14B, SF-15, SF-16A, SF-16B, SF-17A, SF-17B, SF-18A, SF-18B, SF-18C, SF-19A, SF-19B, SF-19C, SF-20A, SF-20B, AND SF/MF-21 (KAD NO. 14990, 14991, 15019, 15028, 42994, 45473, & 45852). TAKE NECESSARY ACTION. Attachments: AIS - Variance Gate Stacking Esperanza Att 1- Aerial Map Att 2 - Overall Variance Request_Signed Att 3 - Esperanza Pod GDP Ph 3 and 4 APPROVED 20210607 5.F. 2021-831 CONSIDER THE PRELIMINARY PLAT FOR ESPERANZA PHASE 3A, 21.687 ACRES, 49 RESIDENTIAL LOTS, 3 OPEN SPACE LOTS, AND 4.713 ACRES OF RIGHT-OF-WAY (KAD NO. 14990, 45852, and 15028). TAKE NECESSARY ACTION. Attachments: AIS - Esperanza Ph 3A Prelim Plat Att 1 - Location Map Att 2 - Aerial Map Att 3 - Esperanza Pod GDP Ph 3 and 4_APPROVED 2021-06-07 Att 4 - Esperanza 3A Preliminary Plat Att 5 - Memo Review 1 Comments Esperanza Ph 3A Prelim Plat Att 6 - Esperanza 3A Prelim Plat Review 1 Redlines 5.G. 2021-842 CONSIDER THE PRELIMINARY PLAT FOR 502 S SCHOOL ST, 4.9106 ACRES, 12 RESIDENTIAL LOTS, 1 OPEN SPACE LOT, AND 0.883 ACRES OF RIGHT-OF-WAY LOCATED AT 502 S. SCHOOL ST. (KAD NO. 14381 & 14412). TAKE NECESSARY ACTION. Attachments: Summary - 502 South School Prelim Plat Att 1 - Location Map Att 2 - Aerial Map Att 3 - Preliminary Plat Att 4 - Memo Review 5 Comments Att 5 - Review 5 Redlines 502 S School St 6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place 7. ADJOURNMENT City of Boerne Page 5 Printed on 10/1/2021 Planning and Zoning Agenda October 4, 2021 Commission s/s Laura Haning _______________________________ Administrative Officer CERTIFICATION I herby certify that the above notice of meeting was posted on the 1st day of October, 2021 at 12:00 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 830-248-1501. 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 10/1/2021

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