Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, March 7, 2022 – 6:00 p.m. PRESENT 7- CHAIRMAN TIM BANNWOLF, COMMISSIONER JOE ANZOLLITTO, COMMISSIONER PATRICK COHOON, COMMISSIONER BOB CATES, COMMISSIONER BILL BIRD, COMMISSIONER SUSAN FRIAR PRESENT VIRTUALLY - COMMISSIONER LUCAS HILER STAFF PRESENT: LAURA HANING, HEATHER WOOD, SHELDON CRAVEY, REBECCA PACINI, RYAN BASS, JEFF CARROLL, CHERYL ROGERS, SARA SERRA-BENNETT, KRISTY STARK RECOGNIZED/REGISTERED GUESTS: DAN PEDROTTI, DAVID PEDROTTI, CHRIS CHRISTIANSON, GUY ATHERTON, DEBBIE RITTIMANN PRITKO, , J.P. PRITKO, TRACY MOCK, KAREN MOCK, ANDREA RESENDEZ, JOHN MARK MATIKIN, ALEX RUDD, JASON TOWNSLEY 1. CALL TO ORDER – 6:00 PM Chairman Bannwolf called the Planning and Zoning Commission to order at 6:00 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.) 3. CONFLICTS OF INTEREST No conflicts were declared. City of Boerne Page 1 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes March 7, 2022 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 the public hearing at 6:02 p.m. Chris Christianson, owner of property located at 1650 River Road, gave a brief background on the zoning history of this property and he spoke regarding the long term city plan for Highway 46 East. He explained that certain uses are not permitted in a C2 zoning that would be in a C3 zoning category, which is the reason for the request. Dan Padrotti, gave an update on where they are with their negations with the neighbors (regarding the 1650 River Road proposed rezoning). The main reason for the proposed rezoning is to allow a larger footprint of the building size for a possible grocery store to go on the site. At this time the owner is asking that the Commission postpone the request to allow more time to meet with the neighbors and continue in negotiations with deed restrictions. Guy Atherton, resident at Champion Height subdivision, spoke regarding continued concerns of neighbors. Andrea Resendez, resident of the Champion Heights subdivision, spoke regarding a recent meeting with the Champion Heights neighbors and representatives of this property; there are outstanding concerns from the neighbors regarding enforcement issues with deed restrictions, what can potentially be developed in a C3 zoning, and concerns with building heights and minimum set backs allowed in a C3 zoning. She further expressed concerns with the representative, Mr. Dan Pedrotti, not actually being the property owner or developer. Alex Rudd, Kendall County resident, spoke regarding concerns with groundwater contamination, public health, high growth rates in the city, and spoke in favor of moratorium to assist with responsible growth. City of Boerne Page 2 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes March 7, 2022 Tracey Mock, resident at 202 Aspen Drive, spoke regarding concerns with the requested C2 zoning versus C3 zoning and the long-term impact it could have on the residents and city. Chairman Bannwolf closed public comments at 6:31 p.m. 4. CONSENT AGENDA: A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER BIRD, 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 4.A. 2022-308 CONSIDER 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). 4.B. 2022-309 CONSIDER 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). 4.C. 2022-310 CONSIDER 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 AND 305752). 4.D. 2022-311 CONSIDER DISAPPROVAL OF THE PRELIMINARY PLAT 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) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. City of Boerne Page 3 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes March 7, 2022 5. REGULAR AGENDA: 5.A. 2022-312 UNTABLE THE PROPOSED REZONING OF 23.03 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). No action; item remains tabled. 5.B. 2022-313 TO CONSIDER THE PROPOSED REZONING OF 23.03 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. MAKE RECOMMENDATION No action; item remained tabled. 5.C. 2022-314 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT FOR ESPERANZA PHASE 3C, 36.665 ACRES, 57 RESIDENTIAL LOTS, 7 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, City Planner III, explained to the Commission that the applicant has requested a 30-day time extension for consideration of this preliminary plat. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER FRIAR, TO GRANT A 30-DAY TIME EXTENSION FOR CONSIDERATION OF CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT FOR ESPERANZA PHASE 3C, 36.665 ACRES, 57 RESIDENTIAL LOTS, 7 OPEN SPACE LOTS, AND 4.309 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. City of Boerne Page 4 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes March 7, 2022 14990, 14991, 15019, AND 15028). 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 5.D. 2022-315 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 final plat. Commission discussion ensued regarding location of the road and tree preservation, specific to heritage trees. Mr. Ryan Bass, City Environmental Planner / Urban Forester, explained that topography was a key factor in being able to route the road down to Hwy 46. Mr. Bass clarified that this final plat is vested under older ordinances that did not allow for mitigation of trees in the right-of-way (hereinafter, ROW). Ms. Pacini explained that the layout of the road is the best path to remove the least amount of trees and confirmed that six heritage trees, all within ROW or utility easements, will be removed. John Mark Matkin, engineer with Matkin Hoover Engineering, gave a brief background of the final plat being presented; he explained many factors that were taken into consideration throughout the platting process, to include best alignment of the road, major connector, major thoroughfare plan, topography requirements, and tree survey requirements. City of Boerne Page 5 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes March 7, 2022 A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER CATES, TO APPROVE THE 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. 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 5.E. 2022-316 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 final plat. Commissioner Anzollitto had a question regarding the staff comment specific to the floodplain. Mr. Jeff Carroll, Director of Development Services, explained the process for the applicant to receive required LOMR and CLOMR letters from Federal Emergency Management Agency (FEMA) to meet federal regulations; they must first receive conditional approval from the Planning and Zoning Commission which allows construction to begin and will allow the Planning department to hold the milars for final recordation until the LOMR and CLOMR are granted from FEMA. City of Boerne Page 6 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes March 7, 2022 A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER FRIAR, TO APPROVE 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: 6- CHAIRMAN BANNWOLF, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 1- COMMISSIONER ANZOLLITTO 5.F. 2022-317 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, 302217, 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. Pacini presented the final plat. Chariman Bannwolf allowed public comments to begin at 7:09 p.m. Mr. John Mark Markin, Matkin Hoover Engineering, spoke regarding the City's platting process and timeline that makes addressing comments difficult. The Commission questioned if there are any outstanding Texas Commission on Environmental Quality (TCEQ)/state law violations. Ms. Haning, Director of Planning and Community Development, responded that the city is not aware of any outstanding violations. City of Boerne Page 7 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes March 7, 2022 Ms. Tracy Mock, resident of the Champion Heights subdivision, spoke regarding a tractor tire she noticed on the Shoreline development side of the Boerne Lake. Jason Townsley, KB Homes, spoke stating the tractor tire was there on the Shoreline side of the lake prior to development; he made a commitment to remove the tire but will need time to evaluate how they can safely remove the tire. Commission discussion continued regarding the platting process and opportunities to improve this process. A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER COHOON, TO APPROVE THE 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, 302217, 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. 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. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place No comments were received. 7. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 7:31 p.m. City of Boerne Page 8 Printed on 4/28/2022 Planning and Zoning Commission Official Meeting Minutes March 7, 2022 _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 4th day of March, 2022 at 5:00 p.m. _______________________________ Secretary City of Boerne Page 9 Printed on 4/28/2022