Planning and Zoning Commission
Regular MeetingBoerne, TX · December 6, 2021
Minutes
MINUTES
PLANNING AND ZONING COMMISSION MEETING
BOERNE CITY HALL
RONALD C. BOWMAN CITY COUNCIL CHAMBERS
447 North Main Street
Monday, December 6, 2021 – 6:00 p.m.
PRESENT 4- CHAIRMAN TIM BANNWOLF, COMMISSIONER JOE
ANZOLLITTO, COMMISSIONER PATRICK COHOON, COMMISSIONER BOB
CATES
ABSENT: COMMISSIONER LUCAS HILER, COMMISSIONER BILL BIRD
STAFF PRESENT: LAURA HANING, HEATHER WOOD, SHELDON CRAVEY,
REBECCA PACINI, RYAN BASS, JEFF CARROLL, SARA SERRA-BENNETT,
KRISTY STARK
RECOGNIZED/REGISTERED GUESTS: ZACHARY TAYLOR-WRIGHT,
CHRISTINA RYRHOLM, LANCE KYLE, J. A. VON FRAUNHOFER, SUSAN LAKE,
NATHAN BOWEN, DWAYNE A. ROBBINS, SEAN ROBBINS, GUY ATHERTON,
GINA RYKERT, JENNIFER JOHNSON, LANDON JOHNSON, GAYLE
FERNANDEZ-MARTIN, CRAIG GOODYEAR, JOHN FERNANDEZ-MARTIN,
SUSAN FRIAR, KIMBERLY MC'GINNIS, MICHAEL LENGYEL, CHRIS
THOMPSON, VICTOR SHEELY, CONNER SALES, LISA BLAKE, BRIAN
MCGIVENS, PAMELA BILD, JOSE CANTU, CHRISTINA ALANIZ, KELLY
BARTONICEK, NANCY GRECO, JOSH VALENTA, JEREMY WILLIAMS, ASHLEY
FAIRMOUNT, DORITA MULLINS, SUZANNE RITTIMANN, TODD HALLBERG,
ANDREA RESENDEZ, CHRIS THOMPSON M.D., LAURA MARTINEZ, DAVID
PENNE, RYAN BARBER
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)
City of Boerne Page 1 Printed on 2/8/2022
Planning and Zoning Commission Official Meeting Minutes December 6, 2021
1. CALL TO ORDER – 6:00 PM
Chairman Bannwolf called the Planning and Zoning Commission to order
at 6:01 p.m.
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)
Chairman Bannwolf opened public comments at 6:02 p.m.
Lance Kyle, resident at 226 Cascade Caverns Road, spoke regarding the
plats on the consent agenda and expressed concerns with water
shed/runoff/drainage.
Chairman Bannwolf closed public comments at 6:10 p.m.
4. CONSENT AGENDA:
The Commission wished to have discussion regarding item 4.B.
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER ANZOLLITTO, TO PULL ITEM 4.B. FROM THE CONSENT
AGENDA. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 4- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER
COHOON, COMMISSIONER ANZOLLITTO
NAY: 0
Approved: 4-0
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Planning and Zoning Commission Official Meeting Minutes December 6, 2021
A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY
COMMISSIONER COHOON, TO APPROVE THE REMAINDER OF THE
CONSENT AGENDA. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 4- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER
COHOON, COMMISSIONER ANZOLLITTO
NAY: 0
Approved: 4-0
Ms. Laura Haning, Director of Planning and Community Development,
clarified that item 4.B. is being considered for unconditional approval
because the plat meets the criteria of the city's regulations under current
ordinances and under vested ordinances.
The Commission called on Ms. Cheryl Rogers, City Engineer, to speak
regarding drainage/detention. A third party reviewer was used for this
site.
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER CATES, TO APPROVE ITEM 4.B. OF THE CONSENT
AGENDA. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 4- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER
COHOON, COMMISSIONER ANZOLLITTO
NAY: 0
Approved: 4-0
A. 2021-976 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING OF NOVEMBER 1, 2021, AND THE SPECIAL CALLED
PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER
22, 2021.
B. 2021-977 CONSIDER UNCONDITIONAL APPROVAL FOR THE DEVELOPMENT
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Planning and Zoning Commission Official Meeting Minutes December 6, 2021
PLAT FOR HILL COUNTRY DAILY BREAD, 9.667 ACRES LOCATED AT
38 CASCADE CAVERNS (KAD NO. 46739) AS IS PROVIDED BY
SECTION 6, PLAT APPROVAL OPTIONS, A., OF THE DEVELOPMENT
PLAT REGULATIONS.
C. 2021-985 CONSIDER APPROVAL OF THE PRELIMINARY PLAT FOR SANTI
SUBDIVISION, 3.523 ACRES, 12 RESIDENTIAL LOTS, 1 DRAINAGE
LOT AND 0.501 ACRES OF RIGHT-OF-WAY (KAD NO. 19999
D. 2021-982 CONSIDER APPROVAL OF A REQUEST FOR A 30-DAY TIME
EXTENSION FOR THE BIRCH AT SPENCER RANCH PHASE 1A FINAL
PLAT, 4.77 ACRES, 4.77 ACRES OF PRIVATE RIGHT-OF-WAY (KAD
NO. 307605, 63687, & 14916
E. 2021-983 CONSIDER APPROVAL OF A REQUEST FOR A 30-DAY TIME
EXTENSION FOR THE BIRCH AT SPENCER RANCH PHASE 1B FINAL
PLAT, 21.27 ACRES, 60 RESIDENTIAL LOTS, 3 OPEN SPACE LOTS,
AND 2.61 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 307605).
F. 2021-984 CONSIDER APPROVAL OF A REQUEST FOR A 30-DAY TIME
EXTENSION FOR COMMONS AT MENGER CREEK UNIT 7
PRELIMINARY PLAT, 5.05 ACRES, 3 NON-RESIDENTIAL LOTS, 1
OPEN SPACE LOT, AND 0.38 ACRES OF RIGHT-OF-WAY (KAD NO.
39338).
5. REGULAR AGENDA:
A. 2021-987 CONSIDER THE PROPOSED ZONING OF 27.7 ACRES LOCATED AT
1670 RIVER ROAD FROM HOL, HOLDING, TO R4-L, LOW-DENSITY
MULTI-FAMILY RESIDENTIAL DISTRICT (A10298 - SURVEY 180 M I
LEAL, 27.7 ACRES, KAD 14141, 14142, AND 14143) (JEREMY
WILLIAMS/ EMBREY).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Item has been withdrawn by applicant.
Ms. Sara Serra-Bennett, City Planner II, gave a brief presentation as this
was posted as a public hearing.
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Planning and Zoning Commission Official Meeting Minutes December 6, 2021
Ms. Haning explained the reason the developer withdrew this item is to
have further community outreach to ensure the public has an
opportunity to better understand the proposed zoning change and plan.
Plan to hold a special Boerne Open Neighborhood Discussion (B.O.N.D.)
meeting for this project.
Chairman Bannwolf opened the public hearing at 6:30 p.m.
Mr. Jeremy Williams, developer with Embrey, presented the proposed
project.
Mr. J. A. Von Fraunhofer, resident in the Champion Heights subdivision,
spoke in opposition of the proposed project.
Guy Atherton, resident in the Champion Heights subdivision, spoke in
opposition of the proposed project.
Lisa Blake, resident in the Champion Heights subdivision, spoke in
opposition of the proposed project.
Brian McGivens, resident in the Esperanza subdivision, spoke in
opposition of the proposed project.
Kimberley M'Ginnis, resident in the Esperanza subdivision, spoke in
opposition of the proposed project.
Andrea Resendez, resident in the Champion Heights subdivision, spoke
in opposition of the proposed project.
Chris Thompson, resident in the Esperanza subdivision, spoke in
opposition of the proposed project.
Laura Martinez, resident in the Woods of Boerne subdivision, spoke in
opposition of the proposed project.
David Penne, resident in the Woods of Boerne subdivision, spoke in
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Planning and Zoning Commission Official Meeting Minutes December 6, 2021
opposition of the proposed project.
Craig Goodyear, resident in the Esperanza subdivision, spoke in
opposition of the proposed project.
Dwayne Robbins, resident in the Champion Heights subdivision, spoke in
opposition of the proposed project.
Gayle and Joe Fernandez, residents in the Champion Heights subdivision,
spoke in opposition of the proposed project.
Chairman Bannwolf closed the public hearing at 7:14 p.m.
Chairman called on Mr. Jeremy Williams, Embrey representative, to
address some of the citizens concerns. Mr. Williams spoke regarding the
entrances on the plan and the long term strategy. They will not build 3
story structures. The Planned Development District
(PDD) will restrict the development to 2 story structures, dark sky
lighting. Embrey does not
intend this for subsidized housing. The units will be rented at market
rate. He addressed
traffic concerns, compared their density to surrounding densities as well.
Chairman Bannwolf reopened the pubic hearing at 7:23 p.m.
Gina Rykert, resident in the Esperanza subdivision, spoke in opposition
of the proposed project.
Susan Rittiman, resident located at 423 Oak Park spoke in opposition of
the proposed project.
John Ruffo, resident in the Champion Heights subdivision, spoke in
opposition of the proposed project.
Chairman Bannwolf closed the public hearing at 7:31 p.m.
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The Chairman called on Mr. Jeremy Williams. Mr. Williams stated that
dark sky
requirements will be met. This is a new product type for Embrey and a
new type of product
for Boerne.
Chairman Bannwolf called on Director of Development Services, Mr. Jeff
Carroll. Mr. Carroll
spoke briefly regarding possible utilities for the site. He also spoke
regarding the traffic
study that was submitted and the requirements to determine warranting
a traffic light. Mr.
Carroll spoke regarding the major thoroughfare plan as it relates to this
area.
The meeting was paused for a break at 7:42 p.m.
B. 2021-988 TO CONSIDER THE PLANNED DEVELOPMENT DISTRICT FOR 27.7
ACRES LOCATED AT 1670 RIVER ROAD (A10298 - SURVEY 180 M I
LEAL, 27.7 ACRES, KAD 14141, 14142, AND 14143) (JEREMY
WILLIAMS/ EMBREY).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Chairman Bannwolf reconvened the Planning and Zoning Commission at
7:54 p.m.
Chairman Bannwolf opened the public hearing at 7:55 p.m.
Chairman Bannwolf closed the public hearing at 7:55 p.m.
No action was taken.
C. 2021-986 TO CONSIDER THE PROPOSED SPECIAL USE PERMIT FOR A
SHORT-TERM RENTAL IN AN R3-A, ATTACHED RESIDENTIAL
DISTRICT, LOCATED AT 428 HERFF ROAD (IRONS & GRAHAMS
ADDITION LOT 187C, .054 ACRES, KAD 46417). (TODD &
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Planning and Zoning Commission Official Meeting Minutes December 6, 2021
ELIZABETH HALLBERG).
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Ms. Sara Serra-Bennett presented the proposed Special Use Permit
(hereinafter SUP).
Chairman Bannwolf opened the public hearing at 8:01 p.m.
Todd Holberg, owner of residence located at 428 Herff Street, spoke
regarding his desire to have a short term rental at his property. The
property does not have a HOA.
Pamela Bild, resident at 311 West Theissen, spoke in opposition of the
proposed SUP.
Ms. Serra-Bennett clarified that short term rentals must be registered
with the city and this is the first request to the Planning and Zoning
Commission since the Unified Development Code (UDC) has passed.
Chairman Bannwolf closed the public hearing at 8:20 p.m.
Commission discussed possible conditions to be placed on SUPs.
A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY
COMMISSIONER COHOON, TO APPROVE THE PROPOSED SPECIAL USE
PERMIT FOR A SHORT-TERM RENTAL IN AN R3-A, ATTACHED RESIDENTIAL
DISTRICT, LOCATED AT 428 HERFF ROAD (IRONS & GRAHAMS ADDITION
LOT 187C, .054 ACRES, KAD 46417). (TODD & ELIZABETH HALLBERG). THE
MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 4- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER
ANZOLLITTO, COMMISSIONER COHOON
NAY: 0
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Approved: 4-0
D. 2021-989 CONSIDER THE PROPOSED REZONING OF 6.69 ACRES LOCATED
AT 25 CASCADE CAVERNS FROM C3, COMMUNITY COMMERCIAL
DISTRICT, TO R4-L, LOW-DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT (MILLER’S SUBDIVISION BLK 2, LOT 2, KAD 24323) (LOQ
DEVELOPMENT LLC).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Item was withdrawn by the applicant.
Ms. Sara Serra-Bennett presented the proposed rezoning.
Chairman Bannwolf opened the public hearing at 8:39 p.m.
Mr. Lance Kyle spoke in opposition of the proposed rezoning.
Mr. Josh Valenta, engineer for this project, spoke regarding the
applicants desire to hold withdraw to work through the plan and get
everyone comfortable with it. They will meet with a subcommittee of the
Planning and Zoning Commission.
Chairman Bannwolf closed the public hearing at 8:44 p.m.
No action taken.
E. 2021-990 CONSIDER THE PROPOSED ZONING OF 3.04 ACRES LOCATED AT 6
NORTH STAR FROM HOL, HOLDING, TO R4-L, LOW-DENSITY
MULTI-FAMILY RESIDENTIAL DISTRICT (MILLER’S SUBDIVISION
BLK PT 3, KAD 24324) (LOQ DEVELOPMENT LLC).
I. STAFF PRESENTATION
II. PUBLIC HEARING
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Item was withdrawn by the applicant.
Ms. Sara Serra-Bennett presented the proposed rezoning.
Chairman Bannwolf opened the public hearing at 8:44 p.m.
No comments were recieved.
Chairman Bannwolf closed the public hearing at 8:44 p.m.
No action taken.
F. 2021-991 TO CONSIDER THE PLANNED UNIT DEVELOPMENT FOR 9.73
ACRES LOCATED AT 25 CASCADE CAVERNS AND 6 NORTH STAR
(MILLER’S SUBDIVISION BLK 2 LOT 2, AND BLK PT 3, KAD 24323
AND 24324) (LOQ DEVELOPMENT LLC).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Item was withdrawn by the applicant.
Ms. Sara Serra-Bennett presented the proposed rezoning.
Chairman Bannwolf opened the public hearing at 8:45 p.m.
No comments were recieved.
Chairman Bannwolf closed the public hearing at 8:45 p.m.
No action taken.
G. 2021-992 CONSIDER THE PROPOSED AMENDMENTS TO THE UNIFIED
DEVELOPMENT CODE (UDC) ADOPTED NOVEMBER 24, 2020,
INCLUDING BUT NOT LIMITED TO AMENDMENTS TO CHAPTER 1,
GENERAL PROVISIONS, CHAPTER 2, PROCEDURES, CHAPTER 3,
ZONING, CHAPTER 4, RESIDENTIAL SITES, CHAPTER 5,
NONRESIDENTIAL SITES, CHAPTER 6, SUBDIVISION DESIGN,
CHAPTER 7, INFRASTRUCTURE DESIGN, CHAPTER 8,
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Planning and Zoning Commission Official Meeting Minutes December 6, 2021
ENVIRONMENTAL DESIGN, SPECIFICALLY SECTION 8.3, TREE
PRESERVATION AND 8.9 LOWER GLENROSE AQUIFER, CHAPTER 9,
SIGNAGE AND APPENDICES A, DEFINITIONS.
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Ms. Laura Haning presented the proposed amendments to the UDC.
Ryan Bass, Environmental Planner, spoke regarding revisions to tree
preservation and oak wilt sections of the UDC.
Commission discussion included: drainage, detention, impervious cover,
UDC amendment process
Chairman Bannwolf opened the public hearing at 9:03 p.m.
Mr. Nathan Bowen, resident at 120 West Hosack, spoke regarding
concerns with platting/replatting process.
Chairman Bannwolf closed the public hearing at 9:10 p.m.
Ms. Haning explained that an issue that many property owners have
with platting is that
some older properties were sold by metes and bounds and never
platted, which then
creates problems for property owners that want to expand existing
structures or add any
pervious cover on their property. They now have to plat.
Mr. Mick McKamie clarified that if this item is tabled edits can be made
to the UDC as a result of this meeting.
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER ANZOLLITTO, TO TABLE THE PROPOSED AMENDMENTS
TO THE UNIFIED DEVELOPMENT CODE (UDC) ADOPTED NOVEMBER 24,
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Planning and Zoning Commission Official Meeting Minutes December 6, 2021
2020, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO CHAPTER 1,
GENERAL PROVISIONS, CHAPTER 2, PROCEDURES, CHAPTER 3, ZONING,
CHAPTER 4, RESIDENTIAL SITES, CHAPTER 5, NONRESIDENTIAL SITES,
CHAPTER 6, SUBDIVISION DESIGN, CHAPTER 7, INFRASTRUCTURE DESIGN,
CHAPTER 8, ENVIRONMENTAL DESIGN, SPECIFICALLY SECTION 8.3, TREE
PRESERVATION AND 8.9 LOWER GLENROSE AQUIFER, CHAPTER 9,
SIGNAGE AND APPENDICES A, DEFINITIONS. THE MOTION CARRIED BY THE
FOLLOWING VOTE:
YEA: 4- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER
ANZOLLITTO, COMMISSIONER COHOON
NAY: 0
Approved: 4-0
6. 2021-978 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT
FOR ESPERANZA PHASE 3A, 23.082 ACRES, 49 RESIDENTIAL LOTS,
3 OPEN SPACE LOTS, 0.701 acres of public right-of-way, AND
3.972 ACRES OF private RIGHT-OF-WAY (KAD NO. 14990, 45852,
and 15028) BASED ON COMMENTS STATED IN STAFF’S REVIEW
MEMO.
Ms. Rebecca Pacini, City Planner III, presented the preliminary plat.
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER CATES, TO APPROVE THE PRELIMINARY PLAT FOR
ESPERANZA PHASE 3A, 23.082 ACRES, 49 RESIDENTIAL LOTS, 3 OPEN
SPACE LOTS, 0.701 ACRES OF PUBLIC RIGHT-OF-WAY, AND 3.972 ACRES OF
PRIVATE RIGHT-OF-WAY (KAD NO. 14990, 45852, and 15028) BASED ON
COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY
THE FOLLOWING VOTE:
YEA: 4- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER
ANZOLLITTO, COMMISSIONER COHOON
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Planning and Zoning Commission Official Meeting Minutes December 6, 2021
NAY: 0
Approved: 4-0
7. 2021-979 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT
FOR ESPERANZA PHASE 3C, 36.665 ACRES, 57 RESIDENTIAL LOTS,
5 OPEN SPACE LOTS, AND 4.339 ACRES OF PRIVATE
RIGHT-OF-WAY (KAD NO. 14990, 14991, 15019, AND 15028)
BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO.
Ms. Rebecca Pacini, City Planner III, presented the preliminary plat.
A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY
COMMISSIONER COHOON, TO APPROVE THE PRELIMINARY PLAT FOR
ESPERANZA PHASE 3C, 59.956 ACRES, 58 RESIDENTIAL LOTS, 4 OPEN
SPACE LOTS, AND 4.339 ACRES OF RIGHT-OF-WAY (KAD NO. 14990, 14991,
15019, AND 15028) BASED ON COMMENTS STATED IN STAFF’S REVIEW
MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 4- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER
ANZOLLITTO, COMMISSIONER COHOON
NAY: 0
Approved: 4-0
8. 2021-980 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT
FOR ESPERANZA PHASE 3D, 53.078 ACRES, 146 RESIDENTIAL
LOTS, 6 OPEN SPACE LOTS, AND 10.778 ACRES OF
RIGHT-OF-WAY (KAD NO. 14990, 15028, 42994, AND45852)
BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO.
Ms. Rebecca Pacini, City Planner III, presented the preliminary plat.
A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY
COMMISSIONER ANZOLLITTO, TO APPROVE THE PRELIMINARY PLAT FOR
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Planning and Zoning Commission Official Meeting Minutes December 6, 2021
ESPERANZA PHASE 3D, 53.078 ACRES, 146 RESIDENTIAL LOTS, 4 OPEN
SPACE LOTS, AND 10.827 ACRES OF RIGHT-OF-WAY (KAD NO. 14990,
15028, 42994, AND 45852) BASED ON COMMENTS STATED IN STAFF’S
REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 4- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER
ANZOLLITTO, COMMISSIONER COHOON
NAY: 0
Approved: 4-0
9. 2021-981 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT
FOR SCENIC LOOP ROAD SUBDIVISION, 4.31 ACRES, 4
NON-RESIDENTIAL LOTS AND 0.210 ACRES OF RIGHT-OF-WAY
(KAD NO. 12225) BASED ON COMMENTS STATED IN STAFF’S
REVIEW MEMO.
Ms. Rebecca Pacini, City Planner III, presented the preliminary plat.
A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY
COMMISSIONER CATES, TO APPROVE THE PRELIMINARY PLAT FOR SCENIC
LOOP ROAD SUBDIVISION, 4.31 ACRES, 4 NON-RESIDENTIAL LOTS AND
0.210 ACRES OF RIGHT-OF-WAY (KAD NO. 12225) BASED ON COMMENTS
STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE
FOLLOWING VOTE:
YEA: 4- CHAIRMAN BANNWOLF, COMMISSIONER CATES, COMMISSIONER
ANZOLLITTO, COMMISSIONER COHOON
NAY: 0
Approved: 4-0
10. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or
action may take place
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No action.
11. ADJOURNMENT
Chairman Bannwolf adjourned the Planning and Zoning Commission at
9:47 p.m.
_______________________________
Chairman
CERTIFICATION
I herby certify that the above notice of meeting was posted on the 3rd day of
December, 2021 at 5:45 p.m.
_______________________________
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, December 6, 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:
A. 2021-976 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
MEETING OF NOVEMBER 1, 2021, AND THE SPECIAL CALLED
PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER
22, 2021.
Attachments: 21-1101 Official Meeting Minutes
21-1122 Official Meeting Minutes
B. 2021-977 CONSIDER UNCONDITIONAL APPROVAL FOR THE DEVELOPMENT
PLAT FOR HILL COUNTRY DAILY BREAD, 9.667 ACRES LOCATED
AT 38 CASCADE CAVERNS (KAD NO. 46739) AS IS PROVIDED BY
SECTION 6, PLAT APPROVAL OPTIONS, A., OF THE
DEVELOPMENT PLAT REGULATIONS.
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Planning and Zoning Agenda December 6, 2021
Commission
Attachments: Summary - HCDB Development Plat 20211206
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Hill Country Daily Bread Subd FINAL PLAT
C. 2021-985 CONSIDER APPROVAL OF THE PRELIMINARY PLAT FOR SANTI
SUBDIVISION, 3.523 ACRES, 12 RESIDENTIAL LOTS, 1 DRAINAGE
LOT AND 0.501 ACRES OF RIGHT-OF-WAY (KAD NO. 19999
Attachments: Summary - Santi Subd 21-1206
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Santi Subd Preliminary Plat
D. 2021-982 CONSIDER APPROVAL OF A REQUEST FOR A 30-DAY TIME
EXTENSION FOR THE BIRCH AT SPENCER RANCH PHASE 1A FINAL
PLAT, 4.77 ACRES, 4.77 ACRES OF PRIVATE RIGHT-OF-WAY (KAD
NO. 307605, 63687, & 14916
Attachments: Summary - Birch at Spencer Ranch Ph 1A Final Plat
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Request for 30-Day Extension 20211202
Att 4 - Birch Ph 1A Final Plat
Att 5 - MPCP Spencer Ranch Oct0118
Att 6 - Memo Review 1 Comments Birch 1A Final Plat
Att 7 - Redline Plat Comments Birch 1A
E. 2021-983 CONSIDER APPROVAL OF A REQUEST FOR A 30-DAY TIME
EXTENSION FOR THE BIRCH AT SPENCER RANCH PHASE 1B FINAL
PLAT, 21.27 ACRES, 60 RESIDENTIAL LOTS, 3 OPEN SPACE LOTS,
AND 2.61 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 307605).
Attachments: Summary - Birch at Spencer Ranch Ph 1B Final Plat
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Request for 30-Day Extension 20211202
Att 4 - Birch Ph 1B Final Plat
Att 5 - MPCP Spencer Ranch Oct0118
Att 6 - Memo Review 1 Comments Birch 1B Final Plat
Att 7 - Redline Comments Birch 1B
City of Boerne Page 2 Printed on 12/3/2021
Planning and Zoning Agenda December 6, 2021
Commission
F. 2021-984 CONSIDER APPROVAL OF A REQUEST FOR A 30-DAY TIME
EXTENSION FOR COMMONS AT MENGER CREEK UNIT 7
PRELIMINARY PLAT, 5.05 ACRES, 3 NON-RESIDENTIAL LOTS, 1
OPEN SPACE LOT, AND 0.38 ACRES OF RIGHT-OF-WAY (KAD NO.
39338).
Attachments: Summary - Commons at MC Un 7 21-1206
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - 30-Day Time Extension Request
Att 4 - Commons of Menger Creek Unit 7 Plat_10-21-21
Att 5 - Approved Commons at Menger Creek Feb2018
Att 6 - Memo Review 1 Comments CMC Unit 7
Att 7 - Redlines CMC Unit 7
5. REGULAR AGENDA:
A. 2021-987 CONSIDER THE PROPOSED ZONING OF 27.7 ACRES LOCATED AT
1670 RIVER ROAD FROM HOL, HOLDING, TO R4-L, LOW-DENSITY
MULTI-FAMILY RESIDENTIAL DISTRICT (A10298 - SURVEY 180 M
I LEAL, 27.7 ACRES, KAD 14141, 14142, AND 14143) (JEREMY
WILLIAMS/ EMBREY).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Attachments: Summary - 1670 River Road
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Proposed Zoning Map
Att 4 - Table of Uses R4-L HOL
Att 5 - Overlay District
Att 6 - UDC - Overlay - Entrance Corridors
Att 7 - Master Plan
Att 8 - Boerne Champion 46
Att 9 - Embrey Presentation
Att 10 - B.O.N.D. Report 21-1019
B. 2021-988 TO CONSIDER THE PLANNED DEVELOPMENT DISTRICT FOR 27.7
City of Boerne Page 3 Printed on 12/3/2021
Planning and Zoning Agenda December 6, 2021
Commission
ACRES LOCATED AT 1670 RIVER ROAD (A10298 - SURVEY 180 M I
LEAL, 27.7 ACRES, KAD 14141, 14142, AND 14143) (JEREMY
WILLIAMS/ EMBREY).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Attachments: Summary - 1670 River Road
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Proposed Zoning Map
Att 4 - Table of Uses R4-L HOL
Att 5 - Overlay District
Att 6 - UDC - Overlay - Entrance Corridors
Att 7 - Master Plan
Att 8 - Boerne Champion 46
Att 9 - Embrey Presentation
Att 10 - B.O.N.D. Report 21-1019
C. 2021-986 TO CONSIDER THE PROPOSED SPECIAL USE PERMIT FOR A
SHORT-TERM RENTAL IN AN R3-A, ATTACHED RESIDENTIAL
DISTRICT, LOCATED AT 428 HERFF ROAD (IRONS & GRAHAMS
ADDITION LOT 187C, .054 ACRES, KAD 46417). (TODD &
ELIZABETH HALLBERG).
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Attachments: Summary - 428 Herff Road
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Street View
Att 4 - 21-1221 B.O.N.D. Report
D. 2021-989 CONSIDER THE PROPOSED REZONING OF 6.69 ACRES LOCATED
AT 25 CASCADE CAVERNS FROM C3, COMMUNITY COMMERCIAL
DISTRICT, TO R4-L, LOW-DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT (MILLER’S SUBDIVISION BLK 2, LOT 2, KAD 24323)
City of Boerne Page 4 Printed on 12/3/2021
Planning and Zoning Agenda December 6, 2021
Commission
(LOQ DEVELOPMENT LLC).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Attachments: AIS_Moondancer
Att 1 - Location Map - Moondancer
Att 2 - Aerial Map - Moondancer 2
Att 3 - Proposed Zone
Att 4 - Future Land Use Map
Att 5 - Table of Uses - C3
Att 6 - Table of Uses- R4L and HOL
Att 7 - Proposed Site - Preferred Option
Att 8 - Proposed Elevations
Att 9 - Proposed Site - NS Entrance Only
Att 10 - B.O.N.D. Report 21-1221
E. 2021-990 CONSIDER THE PROPOSED ZONING OF 3.04 ACRES LOCATED AT
6 NORTH STAR FROM HOL, HOLDING, TO R4-L, LOW-DENSITY
MULTI-FAMILY RESIDENTIAL DISTRICT (MILLER’S SUBDIVISION
BLK PT 3, KAD 24324) (LOQ DEVELOPMENT LLC).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Attachments: Summary - Moondancer
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Proposed Zone
Att 4 - Future Land Use Map
Att 5 - Table of Uses - C3
Att 6 - Table of Uses- R4L and HOL
Att 7 - Proposed Site - Preferred Option
Att 8 - Proposed Elevations
Att 9 - Proposed Site - NS Entrance Only
Att 10 - 21-1221 BOND Report
F. 2021-991 TO CONSIDER THE PLANNED UNIT DEVELOPMENT FOR 9.73
ACRES LOCATED AT 25 CASCADE CAVERNS AND 6 NORTH STAR
City of Boerne Page 5 Printed on 12/3/2021
Planning and Zoning Agenda December 6, 2021
Commission
(MILLER’S SUBDIVISION BLK 2 LOT 2, AND BLK PT 3, KAD 24323
AND 24324) (LOQ DEVELOPMENT LLC).
I. STAFF PRESENTATION
II. PUBLIC HEARING
Attachments: Summary - Moondancer
Att 1 - Location Map
Att 2 - Aerial map
Att 3 - Proposed zone
Att 4 - FLU
Att 5 - Table of Uses - C3
Att 6 - Table of Uses- R4L and HOL
Att 7 - Proposed Site - Preferred Option
Att 8 - Proposed Elevations
Att 9 - Proposed Site - NS Entrance Only
Att 10 - B.O.N.D. Report 21-1221
G. 2021-992 CONSIDER THE PROPOSED AMENDMENTS TO THE UNIFIED
DEVELOPMENT CODE (UDC) ADOPTED NOVEMBER 24, 2020,
INCLUDING BUT NOT LIMITED TO AMENDMENTS TO CHAPTER 1,
GENERAL PROVISIONS, CHAPTER 2, PROCEDURES, CHAPTER 3,
ZONING, CHAPTER 4, RESIDENTIAL SITES, CHAPTER 5,
NONRESIDENTIAL SITES, CHAPTER 6, SUBDIVISION DESIGN,
CHAPTER 7, INFRASTRUCTURE DESIGN, CHAPTER 8,
ENVIRONMENTAL DESIGN, SPECIFICALLY SECTION 8.3, TREE
PRESERVATION AND 8.9 LOWER GLENROSE AQUIFER, CHAPTER
9, SIGNAGE AND APPENDICES A, DEFINITIONS.
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Attachments: Summary - UDC
UDC - VERSION 2.0_12032021
UDC - FUTURE EDITS VERSION - with edits
6. 2021-978 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT
FOR ESPERANZA PHASE 3A, 23.082 ACRES, 49 RESIDENTIAL
City of Boerne Page 6 Printed on 12/3/2021
Planning and Zoning Agenda December 6, 2021
Commission
LOTS, 3 OPEN SPACE LOTS, 0.701 acres of public right-of-way,
AND 3.972 ACRES OF private RIGHT-OF-WAY (KAD NO. 14990,
45852, and 15028) BASED ON COMMENTS STATED IN STAFF’S
REVIEW MEMO.
Attachments: AIS Esperanza Ph 3A Prelim Plat 20211206
Att 1 - Location Map
Att 2 - AERIAL MAP Esperanza 3A
Att 3 - Esperanza Pod GDP Ph 3 and 4_APPROVED 2021-06-07
Att 4 - Esperanza 3A preliminary plat
Att 5 - Memo Review 3 Comments Esperanza Ph 3A Prelim Plat
Att 6 - Redline Comments Esperanza 3A 20211203
7. 2021-979 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT
FOR ESPERANZA PHASE 3C, 36.665 ACRES, 57 RESIDENTIAL
LOTS, 5 OPEN SPACE LOTS, AND 4.339 ACRES OF PRIVATE
RIGHT-OF-WAY (KAD NO. 14990, 14991, 15019, AND 15028)
BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO.
Attachments: Summary - Esperanza Ph 3C Prelim Plat 20211206
Att 1 - Location Map 3C
Att 2 - AERIAL MAP Esperanza 3C
Att 3 - Esperanza Pod GDP Ph 3 and 4 APPROVED 20210607
Att 4 - Esperanza 3C Preliminary Plat
Att 5 - Memo Review 2 Comments Esperanza Ph 3C Prelim Plat
Att 6 - Redlines Esperanza 3C
8. 2021-980 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT
FOR ESPERANZA PHASE 3D, 53.078 ACRES, 146 RESIDENTIAL
LOTS, 6 OPEN SPACE LOTS, AND 10.778 ACRES OF
RIGHT-OF-WAY (KAD NO. 14990, 15028, 42994, AND45852)
BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO.
Attachments: Summary - Esperanza Ph 3D Prelim Plat 20211206
Att 1 - Location Map 3D
Att 2 - Aerial Map
Att 3 - Esperanza Pod GDP Ph 3 and 4 APPROVED 20210607
Att 4 - Esperanza 3D Prelim Plat
Att 5 - Memo Review 2 Comments Esperanza Ph 3D Prelim Plat
Att 6 - Redlines Esperanza 3D
City of Boerne Page 7 Printed on 12/3/2021
Planning and Zoning Agenda December 6, 2021
Commission
9. 2021-981 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT
FOR SCENIC LOOP ROAD SUBDIVISION, 4.31 ACRES, 4
NON-RESIDENTIAL LOTS AND 0.210 ACRES OF RIGHT-OF-WAY
(KAD NO. 12225) BASED ON COMMENTS STATED IN STAFF’S
REVIEW MEMO.
Attachments: Summary - Scenic Loop 21-1206
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Scenic Loop Subd Prelim Plat
Att 4 - Memo Review 11 Comments Scenic Loop Subd Prelim Plat
Att 5 - Redline Plat Scenic Loop Subd
10. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or
action may take place
11. ADJOURNMENT
s/s Laura Haning
_______________________________
Administrative Officer
CERTIFICATION
I herby certify that the above notice of meeting was posted on the 3rd day of
December, 2021 at 5:45 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 830-249-9511.
City of Boerne Page 8 Printed on 12/3/2021
Planning and Zoning Agenda December 6, 2021
Commission
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 9 Printed on 12/3/2021
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