Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, February 7, 2022 – 6:00 p.m. PRESENT 7- CHAIRMAN TIM BANNWOLF, COMMISSIONER JOE ANZOLLITTO, COMMISSIONER PATRICK COHOON, COMMISSIONER BOB CATES, COMMISSIONER LUCAS HILER, COMMISSIONER BILL BIRD, COMMISSIONER SUSAN FRIAR STAFF PRESENT: LAURA HANING, HEATHER WOOD, SHELDON CRAVEY, REBECCA PACINI, RYAN BASS, JEFF CARROLL, CHERYL ROGERS, SARA SERRA-BENNETT, KRISTY STARK, ROBERT LEE RECOGNIZED/REGISTERED GUESTS: CHRISTINA RYRHOLM, LANCE KYLE, ROBERT IMLER, RAUL RODRIGUEZ, LAURA SZABO, ANDY SZABO, GUY ATHERTON, MARIA BEISERT, IRENE RODRIGUEZ, KATHERINE LER, DEBBIE RITTIMANN PRITKO, J.P. PRITKO, PAT BROWN, CONNIE MARX, SHARON STANFORD, SUSAN LAKE, STEVE STELZER, ALEX RUDD, RUSSELL YEAGER, KELLY BARTONICEK, HEATHER GOODRICH, COURTNEY BARTONICEK, KATHY BRADLEY, GERARBO ORTIZ, VILMA ORTIZ, KENNETH OCKERBERG, ERIN ROBBINS, SUZANNE RITTIMANN, MIKE MALLEY, KANDI MALLEY, MICHAEL BOWIE, EDDIE VOGT, ANDREA RESENDEZ, DEREK MUNOZ, LEO KILLIAN, TRACEY MOCK, JOHN RUTHERFORD, J. A. VON FRAUNHOFER 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 City of Boerne Page 1 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 Chairman Bannwolf called the Planning and Zoning Commission to order at 6:03 p.m. Chairman Bannwolf welcomed Susan Friar to the dais in her new role as Planning and Zoning Commissioner. Chairman Bannwolf recognized Ms. Laura Haning, Director of Planning and Community Development, for an award she recently received for her leadership role in the creation of the Unified Development Code; she was presented this award from the Cibolo Center for Conservation. 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 None declared. 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 6:07 p.m. Mr. Mike Malley, resident at 123 Village Park Drive, spoke in opposition of Shoreline Park items. Lenore Ockerberg, resident at 111 Brookview Drive, spoke regarding a rental property she owns located at 131 Wanda Street. This property was considered last month, by the Planning and Zoning Commission, to be used as a Short Term Rental (herinafter, STR). She expressed concerns with the process for obtaining a Special Use Permit for a STR. Alex Rudd, Kendall County resident, spoke regarding traffic and drainage concerns in the city and spoke in opposition of Shoreline Park. Chairman Bannwolf closed Public comments at 6:29 p.m. City of Boerne Page 2 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 4. CONSENT AGENDA A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER CATES, TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 Approved: 7-0 4.A. 2022-209 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 6, 2021. 4.B. 2022-225 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. EXECUTIVE SESSION: The Commission agreed to move item 5.A. to the end of the agenda after item 6.P. 6. REGULAR ITEMS: 6.A. 2022-210 TO CONSIDER THE PROPOSED SPECIAL USE PERMIT FOR SHORT-TERM RENTAL IN A R2-M, MODERATE-DENSITY RESIDENTIAL DISTRICT LOCATED AT 402 HERFF STREET (IRONS & GRAHAMS ADDITION LOT 163 AND 164, 0.3815 ACRES, KAD 23583). (VIVA GETAWAYS, LLC/ HENRY MUNOZ). I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION City of Boerne Page 3 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 Ms. Sara Serra-Bennett, City Planner II, presented the proposed Special Use Permit (hereinafter, SUP). Chairman Bannwolf opened the Public Hearing at 6:33 p.m. Mr. Eddie Vogt, representative of the property owner, made himself available for questions. Derek Munoz, resident at 12465 Crow Ranch Road and manager of this STR, gave an overview of the operations to date and stated there are no known complaints at this location. Commission discussion included: property being used as STR for possibly 5 years prior to new owner; confirmed there is no swimming pool, does have fire pit and has onsite parking (two); staff will verify if previous owner paid hotel occupancy tax (HOT) and determine if there is evidence that this property actually was operating as STR prior to new ownership. Ms. Haning confirmed that this property is allowed to continue to operate while the City establishes a process for STRs; a joint subcommittee of the Boerne City Council and Planning and Zoning Commission has been formed to establish criteria for STR. Chairman Bannwolf closed the Public Hearing at 6:40 p.m. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER ANZOLLITTO, TO TABLE THE PROPOSED SPECIAL USE PERMIT FOR SHORT-TERM RENTAL IN A R2-M, MODERATE-DENSITY RESIDENTIAL DISTRICT LOCATED AT 402 HERFF STREET (IRONS & GRAHAMS ADDITION LOT 163 AND 164, 0.3815 ACRES, KAD 23583). (VIVA GETAWAYS, LLC/ HENRY MUNOZ). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, City of Boerne Page 4 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.B. 2022-230 UNTABLE 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). A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER HILER, TO UNTABLE 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). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.C. 2022-211 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 III. MAKE RECOMMENDATION Item has been postponed until a special called Planning and Zoning Commission meeting can be held for this project. Chairman opened the Public Hearing at 6:54 p.m. City of Boerne Page 5 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 Ashley Farrimond, representative of Embrey, requested more time to discuss the project further with the neighbors. Heather Goodrich, resident at 107 Bravo, requested that the plan include a buffer to the neighboring (owned by the Rittmann family) property. Guy Atherton spoke regarding concerns of the Champion Heights neighborhood. Andrea Resendez, resident of the Champion Heights subdivision, spoke regarding infrastructure concerns and requested that this project be postponed to allow more discussion with the developer to address neighbors concerns. Leo Killian, resident at 106 Woods Crossing, spoke regarding concerns with infrastructure, traffic, and height of buildings in proposed plans in this area. Raul Rodriguez, 142 Escalera Circle in the Esperanza subdivision, spoke in opposition of the proposed project. Tracey Mock, resident at 202 Aspen Drive, spoke regarding another item on the agenda (1650 River Road). She expressed concerns with increased traffic and heights of structures allowed in a C-2 zoning versus a C-3 zoning category. Chairman Bannwolf closed the Public Hearing at 7:13 p.m. Commission discussion ensued regarding who would be the responsible party for building the bridge that would connect this proposed development site to the neighboring site to the west. Mr. Jeff Carroll, Development Services Director, explained the process for the City to request infrastructure built by developers; the City is bound City of Boerne Page 6 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 by Texas state law to use rough proportionality to determine the amount of roadway requested in development. Mr. McKamie spoke regarding the concept of rough proportionality; the formula used may determine an estimated impact from the proposed development requiring them to build a portion of the roadway; same for the adjacent property owner. The City can ask for as much roadway as possible to be built within the guidelines of state law. In some instances, the roadways do not connect, in which case could leave some City expenditure. Commission discussion continued regarding right-of-way dedication, traffic, road connectivity, open space, density, and a similar property in San Antonio (referenced as "Birdsong") that a few commissioners visited. Feedback on the Birdsong example was shared; the development was too dense, and not appealing. A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY COMMISSIONER HILER, TO TABLE 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). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.D. 2022-240 UNTABLE 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). City of Boerne Page 7 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER ANZOLLITTO, TO UNTABLE 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). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 Chairman Bannwolf confirmed that the Special Called Planning and Zoning Commission meeting will be held on Wednesday, February 23, 2022 at 6:00 p.m. to consider the 1670 River Road items that were tabled. 6.E. 2022-241 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 III. MAKE RECOMMENDATION Chairman Bannwolf opened the Public Hearing 7:40 p.m. Susanne Rittiman, resident at 423 Oak Park, spoke regarding concerns with connectivity of this proposed development and adjacent properties, and mentioned no effort has been made from the developer (Embrey) to contact her as the property owner next door. John Ruffo, resident at 145 Destiny Drive spoke regarding concerns with traffic and the density of the proposed development. Chairman Bannwolf closed the Public Hearing at 7:46 p.m. City of Boerne Page 8 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER COHOON, TO TABLE 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). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.F. 2022-213 TO CONSIDER THE PROPOSED REZONING OF 22.157 ACRES LOCATED AT 1650 RIVER ROAD FROM C2, TRANSITIONAL COMMERCIAL TO C3, COMMUNITY COMMERCIAL DISTRICT( A10298 - SURVEY 180 M I LEAL, 8.472 ACRES AND A10298 - SURVEY 180 MI LEAL 13.685 ACRES, KAD 222979 AND 43311) (474 LTD (C/O 474 MANAGEMENT, LLC, GENERAL PARTNER; C/O LD CHRISTIANSON, PRESIDENT). I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Sara Serra-Bennett presented the proposed rezoning. Chairman Bannwolf opened the Public Hearing at 7:51 p.m. Mr. Rob Killen, representative of the property owner, gave a presentation that outlined the property's zoning history and the reasons for the requested rezoning directed more toward flexibility in lot and building designs/footprints, not necessarily different uses. He further discussed community outreach efforts made with the Champion Heights and Woods of Boerne neighbors; the property owner has agreed to address some of the neighbors concerns by placing restrictive covenants City of Boerne Page 9 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 related to permitted uses, set backs, and height restrictions. Russell Yeager, engineer for the project, spoke regarding concerns with the floodplain and the existing detention pond which is currently being maintained by the Champion Heights Home Owner's Association (HOA). He explained that their development team has agreed to work through ideas to fix the design challenges of the detention pond. Guy Atherton, resident of the Champion Heights subdivision, spoke regarding concerns with safety, privacy, set backs, buffers, and the level of growth in Boerne. Andrea Resendez, resident of the Champion Heights subdivision, spoke regarding smart development and expressed concerns with the detention pond, possibility of rental properties on this site, location of dumpsters, and tree preservation. Leo Killian spoke regarding growth management and safety and security concerns. Anthony Von Fraunhofer, resident at 225 Aspen Drive, spoke in opposition of the proposed rezoning. Chairman Bannwolf closed the public hearing at 8:21 p.m. Commission discussion ensued regarding the detention pond, possibility of split zoning, detention easements and deed restrictions on the property. Mr. Russell Yeager explained that the maintenance of the detention pond is currently the responsibility of the HOA. Mr. Rob Killen confirmed their willingness to further discuss outstanding questoins/concerns and modify the covenants in writing. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY City of Boerne Page 10 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 COMMISSIONER HILER, TO TABLE HE PROPOSED REZONING OF 22.157 ACRES LOCATED AT 1650 RIVER ROAD FROM C2, TRANSITIONAL COMMERCIAL TO C3, COMMUNITY COMMERCIAL DISTRICT (A10298 - SURVEY 180 M I LEAL, 8.472 ACRES AND A10298 - SURVEY 180 MI LEAL 13.685 ACRES, KAD 222979 AND 43311) (474 LTD (C/O 474 MANAGEMENT, LLC, GENERAL PARTNER; C/O LD CHRISTIANSON, PRESIDENT). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 Chairman Bannwolf closed the Public Hearing at 8:46p.m. and called for a break. Chairman reconvened the Planning and Zoning Commission at 8:58 p.m. 6.G. 2022-226 CONSIDER CONDITIONAL APPROVAL FOR SHORELINE PARK PHASE 6 FINAL PLAT, 27.33 ACRES, 64 RESIDENTIAL LOTS, 8 OPEN SPACE LOTS, AND 5.16 ACRES OF RIGHT-OF-WAY (KAD NO. 12851, 12852, 302218, 302219, AND 305752) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE AND BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Rebecca Pacini, City Planner III, presented the proposed final plat. Commission discussion ensued regarding water shed from this site, state law requirements as they relate to protecting water supply and current city regulations that protect waterways. Commissioner Cates mentioned that previous code only had requirements to protect against half of an inch of rainfall; through City Council and Planning and Zoning Commission efforts, this development is required to protect the first 1.67 inches of rainfall. Ms. Cheryl Rogers, City Engineer, explained that since Boerne Lake is a City of Boerne Page 11 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 water supply, vegetative buffers are required by city ordinance to help eliminate and remove pollutants and suspended solids. Mr. Mick McKamie, Associate City Attorney, clarified that the Texas Commission Environmental Quality (TCEQ) is the regulating authority for protected waterways; state law and regulations are in place to protect discharge to those waterways; role as members of this Commission does not involve any type of enforcement, role should be to look at the subdivision ordinance and what it requires to develop in accordance to those ordinances. Ms. Rogers further explained that the first flush of water (1.67 inches) that runs down off of the site will contain the most pollutants; the goal is to treat that water, because water after that will not have as much pollutants. A MOTION WAS MADE BY COMMISSIONER ANZILLITTO, SECONDED BY COMMISSIONER HILER, TO DENY THE DISAPPROVAL FOR SHORELINE PARK PHASE 6 FINAL PLAT, 27.33 ACRES, 64 RESIDENTIAL LOTS, 8 OPEN SPACE LOTS, AND 5.16 ACRES OF RIGHT-OF-WAY (KAD NO. 12851, 12852, 302218, 302219, AND 305752) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.H. 2022-229 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT FOR SHORELINE PARK PHASE 7, 27.40 ACRES, 68 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS, AND 3.45 ACRES OF RIGHT-OF-WAY (KAD NO. 12852, 305752, AND 302219). Ms. Rebecca Pacini presented the proposed preliminary plat. City of Boerne Page 12 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER BIRD, TO DENY THE PRELIMINARY PLAT FOR SHORELINE PARK PHASE 7, 27.40 ACRES, 68 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS, AND 3.45 ACRES OF RIGHT-OF-WAY (KAD NO. 12852, 305752, AND 302219). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.I. 2022-233 CONSIDER CONDITIONAL APPROVAL FOR CORLEY FARMS UNIT 1 FINAL PLAT, 33.05 ACRES, 15 RESIDENTIAL LOTS, 6 OPEN SPACE LOTS, 2 NON-RESIDENTIAL LOTS, AND 7.52 ACRES OF RIGHT-OF-WAY (KAD NO. 12154, 12162, 12231, 12232, & 307737) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE AND BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Rebecca Pacini, City Planner III, presented the proposed final plat. A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER BIRD, TO DENY THE CONDITIONAL APPROVAL FOR CORLEY FARMS UNIT 1 FINAL PLAT, 33.05 ACRES, 15 RESIDENTIAL LOTS, 6 OPEN SPACE LOTS, 2 NON-RESIDENTIAL LOTS, AND 7.52 ACRES OF RIGHT-OF-WAY (KAD NO. 12154, 12162, 12231, 12232, & 307737) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE AND BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 City of Boerne Page 13 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 6.J. 2022-234 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT FOR CORLEY FARMS UNIT 3, 49.75 ACRES, 154 RESIDENTIAL LOTS, 2 OPEN SPACE LOTS, AND 7.33 ACRES OF RIGHT-OF-WAY (KAD NO. 12154, 307737, AND 307739) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO Ms. Rebecca Pacini presented the proposed preliminary plat. A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY COMMISSIONER HILER, TO DENY THE PRELIMINARY PLAT FOR CORLEY FARMS UNIT 3, 49.75 ACRES, 154 RESIDENTIAL LOTS, 2 OPEN SPACE LOTS, AND 7.33 ACRES OF RIGHT-OF-WAY (KAD NO. 12154, 307737, AND 307739) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO.. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.K. 2022-235 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT FOR ESPERANZA PHASE 3A, 23.119 ACRES, 49 RESIDENTIAL LOTS, 5 OPEN SPACE LOTS, 0.657 ACRES OF PUBLIC RIGHT-OF-WAY, AND 4.016 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 14990, 45852, AND 15028) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Rebecca Pacini presented the proposed preliminary plat. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER FRIAR, TO DENY THE PRELIMINARY PLAT FOR ESPERANZA PHASE 3A, 23.119 ACRES, 49 RESIDENTIAL LOTS, 5 OPEN SPACE LOTS, 0.657 ACRES OF PUBLIC RIGHT-OF-WAY, AND 4.016 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 City of Boerne Page 14 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.L. 2022-236 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT FOR ESPERANZA PHASE 3C, 36.665 ACRES, 57 RESIDENTIAL LOTS, 5 OPEN SPACE LOTS, AND 4.309 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 presented the proposed preliminary plat. A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER COHOON, TO DENY THE PRELIMINARY PLAT FOR ESPERANZA PHASE 3C, 36.665 ACRES, 57 RESIDENTIAL LOTS, 5 OPEN SPACE LOTS, AND 4.309 ACRES OF PRIVATE 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: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.M. 2022-237 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT FOR ESPERANZA PHASE 3D, 53.078 ACRES, 146 RESIDENTIAL LOTS, 6 OPEN SPACE LOTS, 7.819 ACRES OF PRIVATE RIGHT-OF-WAY, AND 2.959 ACRES OF PUBLIC RIGHT-OF-WAY (KAD NO. 14990, 15028, 42994, AND 45852) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Rebecca Pacini presented the proposed preliminary plat. City of Boerne Page 15 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER ANZOLLITTO, TO DENY THE PRELIMINARY PLAT FOR ESPERANZA PHASE 3D, 53.078 ACRES, 146 RESIDENTIAL LOTS, 6 OPEN SPACE LOTS, 7.819 ACRES OF PRIVATE RIGHT-OF-WAY, AND 2.959 ACRES OF PUBLIC 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: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.N. 2022-227 CONSIDER CONDITIONAL APPROVAL FOR THE BIRCH AT SPENCER RANCH PHASE 1A FINAL PLAT, 7.33 ACRES, 1 NON-RESIDENTIAL LOT, AND 4.71 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 307605, 63687, & 14916) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE AND BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Rebecca Pacini presented the proposed final plat. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER FRIAR, TO DENY THE BIRCH AT SPENCER RANCH PHASE 1A FINAL PLAT, 7.33 ACRES, 1 NON-RESIDENTIAL LOT, AND 4.71 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 307605, 63687, & 14916) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE AND BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR City of Boerne Page 16 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 NAY: 0 6.O. 2022-228 CONSIDER CONDITIONAL APPROVAL FOR THE BIRCH AT SPENCER RANCH PHASE 1B FINAL PLAT, 21.27 ACRES, 59 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS, AND 2.61 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 307605) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE AND BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Rebecca Pacini presented the proposed final plat. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER BIRD, TO DENY THE CONDITIONAL APPROVAL FOR THE BIRCH AT SPENCER RANCH PHASE 1B FINAL PLAT, 21.27 ACRES, 59 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS, AND 2.61 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 307605) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE AND BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6.P. 2022-238 CONSIDER A REQUEST FOR A VARIANCE TO THE UNIFIED DEVELOPMENT CODE, CHAPTER 8, SECTION 8.2(A). WATERSHED PROTECTION ZONES, FOR PRINCIPLE HYUNDAI LOCATED AT 1, 3, AND 7 DAISY LANE (KAD NO. 17373, 17378, AND 17388). TAKE NECESSARY ACTION Ms. Alex Rudd, Kendall County resident, spoke regarding shoreline park. 7. EXECUTIVE SESSION: 5.A. 2022-242 Commission initiated rezonings and Planned Development City of Boerne Page 17 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes February 7, 2022 Districts (PDD’s) and Planned Unit Development (PUD) conditions of approval. Chairman Bannwolf convened the Planning and Zoning Commission into Executive Session at 9:36 p.m. No action taken. 7.A. 2022-244 Texas Open Meetings Act. No action taken. Chairman Bannwolf reconvened the Planning and Zoning Commission into Open Session at 10:37 p.m. 8. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place No comments were received. 9. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 10:37 p.m. _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 4th day of February, 2022 at 5:30 p.m. _______________________________ Secretary City of Boerne Page 18 Printed on 4/28/2022