Planning and Zoning Commission
Regular MeetingBoerne, TX · October 4, 2021
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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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9:42 p.m.
_______________________________
Chairman
_______________________________
Secretary
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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.
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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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