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Planning and Zoning Commission

Regular Meeting

Boerne, TX · December 6, 2021

AgendaMinutes

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 City of Boerne Page 2 Printed on 2/8/2022 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 City of Boerne Page 3 Printed on 2/8/2022 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. City of Boerne Page 4 Printed on 2/8/2022 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 City of Boerne Page 5 Printed on 2/8/2022 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. City of Boerne Page 6 Printed on 2/8/2022 Planning and Zoning Commission Official Meeting Minutes December 6, 2021 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 & City of Boerne Page 7 Printed on 2/8/2022 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 City of Boerne Page 8 Printed on 2/8/2022 Planning and Zoning Commission Official Meeting Minutes December 6, 2021 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 City of Boerne Page 9 Printed on 2/8/2022 Planning and Zoning Commission Official Meeting Minutes December 6, 2021 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, City of Boerne Page 10 Printed on 2/8/2022 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, City of Boerne Page 11 Printed on 2/8/2022 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 City of Boerne Page 12 Printed on 2/8/2022 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 City of Boerne Page 13 Printed on 2/8/2022 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 City of Boerne Page 14 Printed on 2/8/2022 Planning and Zoning Commission Official Meeting Minutes December 6, 2021 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 City of Boerne Page 15 Printed on 2/8/2022

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. City of Boerne Page 1 Printed on 12/3/2021 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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