Planning and Zoning Commission

MINUTES SPECIAL CALLED PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Wednesday, March 30, 2022 – 6:00 p.m. PRESENT 6- CHAIRMAN TIM BANNWOLF, COMMISSIONER JOE ANZOLLITTO, COMMISSIONER PATRICK COHOON, COMMISSIONER BOB CATES, COMMISSIONER BILL BIRD, COMMISSIONER SUSAN FRIAR ABSENT 1 - COMMISSIONER LUCAS HILER STAFF PRESENT: KRISTY STARK, LAURA HANING, HEATHER WOOD, SHELDON CRAVEY, REBECCA PACINI, RYAN BASS, JEFF CARROLL, CHERYL ROGERS, SARA SERRA-BENNETT RECOGNIZED/REGISTERED GUESTS: WALLY DOPPENBERG, RAUL RODRIGUEZ, STEPHEN ANDRUS, ANDREA RESENDEZ, HEATHER GOODRICH, KEVIN SOLTIS, VELMA ORTIZ, DONALD BAKER, PAT BROWN, CONNIE MARX, SHARON PORD, STAN PORD, JP PRITKO, IRENE, RODRIGUEZ, DEBBIE RITTIMMANN PRITKO, JANE COLLETTE, MARIA BEISERT, MARY EHLEN TORRES, ALESSANDRA SOLTIS EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: THE PLANNING AND ZONING COMMISSION MAY, AS PERMITTED BY LAW, ADJOURN INTO EXECUTIVE SESSION AT ANY TIME TO DISCUSS ANY MATTER LISTED BELOW AS AUTHORIZED BY TEXAS GOVERNMENT CODE §551.071 (CONSULTATION WITH ATTORNEY) 1. CALL TO ORDER – 6:00 PM Chairman Bannwolf called the Planning and Zoning Commission to order at 6:00 p.m. 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.) City of Boerne Page 1 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes March 30, 2022 2. CONFLICTS OF INTEREST No conflicts were 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 6:02 p.m. Wally Doppenberg, resident of the Esperanza subdivision, questioned who will benefit from this development and stated that he has not heard any positive comments about the proposed development. Raul Rodriguez, resident of the Esperanza subdivision, requested a time extension for consideration of the zoning, and had questions about drainage study requirements. He also spoke on behalf of daughter Kathy Lee and read a letter from her in opposition of this proposed development. Steven Andres, resident of the Esperanza subdivision, spoke in opposition of the proposed zoning and project. Andrea Resendez, resident of the Champion Heights subdivision, spoke in opposition of any type of commercial development at this location. She expressed appreciation to the developer, Jeremy Williams with Embry, for his willingness to cooperate with neighbors and provide deed restrictions to accommodate some concerns. Heather Goodrich, resident of the Champion Heights subdivision, explained her understanding of why the previous request for a Planned Development District (hereinafter, PDD) was withdrawn and a new request for a Special Use Permit (hereinafter, SUP) was made by the developer. Kevin Sulfis asked for clarification regarding the zoning request and the request that was changed from PDD to SUP. City of Boerne Page 2 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes March 30, 2022 Chairman Bannwolf explained that the SUP allows for the city to have enforcement controls moreover the PDD. Chairman Bannwolf closed public comments at 6:27 p.m. 4. CONSENT AGENDA: ALL ITEMS LISTED BELOW WITHIN THE CONSENT AGENDA ARE CONSIDERED ROUTINE BY THE PLANNING AND ZONING COMMISSION AND MAY BE ENACTED WITH ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF ITEMS UNLESS A COMMISSIONER OR CITIZEN SO REQUESTS, IN WHICH EVENT THE ITEM MAY BE MOVED TO THE GENERAL ORDER OF BUSINESS AND CONSIDERED IN ITS NORMAL SEQUENCE. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER CATES, TO APPROVE THE CONSENT AGENDA AS PRESENTED. 4.A. 2022-334 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF JANUARY 10, 2022 AND THE PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 7, 2022. 5. REGULAR AGENDA: 5.A. 2022-335 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 COHOON, 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: 6- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, , COMMISSIONER BIRD, COMMISSIONER FRIAR City of Boerne Page 3 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes March 30, 2022 NAY: 0 5.B. 2022-336 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. MAKE RECOMMENDATION Ms. Sara Serra-Bennett, City Planner II, presented the proposed zoning. Jeremy Williams, Embry representative, presented an update on modifications made to the plan to provide more certainty to the neighbors and allowing more city enforcement on certain aspects of the restrictive covenants. Ms. Laura Haning, Planning and Community Development Director, explained that there are four additional restrictions added to the SUP. Kevin Sultis, resident of the Esperanza subdivision, spoke regarding outstanding questions with the perimeter fencing that would border Esperanza property, drainage concerns, and how the commission is weighing opposing commentary from residents. Raul Rodriguez, resident of the Esperanza subdivision, spoke in opposition of this project. Steven Andres, resident of the Esperanza subdivision, spoke in opposition of this project. Brian Rittimann, resident at 423 Oak Park, spoke regarding traffic concerns and concerns with who is responsible for Browns Creek. Velma Ortiz, resident of the Esperanza subdivision, spoke regarding concerns with growth in Boerne and with future water available to residents. She also stated that Esperanza residents do not know what is City of Boerne Page 4 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes March 30, 2022 going on regarding this proposed development. Maria Andres, resident of the Esperanza subdivision, spoke regarding concerns with property values going down and possible increase in crime as a result of the proposed development. Andrea Resendez spoke regarding issues with the City's thoroughfare plan. Commission discussion included drainage requirements, SUP expiration time periods, and the possibility of the developer adding restrictions to accepting HUD vouchers, under Section 8 Housing Program. Ben Gibbs, Associate City Attorney, explained that a SUP can be changed or modified and will have an expiration date if no development activity occurs within the time period set forth by city ordinances. Ms. Laura Haning clarified that city ordinance states five years; SUP can expire if there is no activity on the site within five years and the Commission is allowed to revisit the zoning of the property at that time. In reference to the Section 8 (HUD voucher) questions, Attorney Gibbs explained that it would likely be a Texas Fair Housing Act violation and the City should not restrict this within the SUP. Cheryl Rogers, City Engineer, spoke regarding the floodplain protection zone, drainage study requirements, and timeline of when these types of studies are done. Chairman Bannwolf questioned if drainage study documents are available to the public. Attorney Gibbs clarified that drainage study documents become public record once submitted to the City. Mr. Jeff Carroll, Development Services Director, explained the process for City of Boerne Page 5 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes March 30, 2022 roads being built in the city; as development happens, roads are built by developers. Traffic impact assessments and rough proportionality are tools used to determined a dollar amount the City can ask the developer to use toward building infrastructure. Mr. Jeremy Williams explained that many concerns have been addressed in the restrictive covenants, to include restrictions on acceptance of HUD vouchers. Commissioner Cates expressed concerns with increase of students and the R4L zoning. A MOTION WAS MADE BY COMMISSIONER CATES TO DENY 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). MOTION FAILED DUE TO LACK OF A SECOND. A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY COMMISSIONER BIRD, TO APPROVE 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: 5- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 1- COMMISSIONER CATES 5.C. 2022-337 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). ITEM WITHDRAWN BY APPLICANT. City of Boerne Page 6 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes March 30, 2022 Item withdrawn by the applicant. No action taken. 5.D. 2022-338 CONSIDER THE SPECIAL USE PERMIT (SUP) FOR A MULTI-FAMILY DEVELOPMENT WITH LESS THAN 18 UNITS PER ACRE FOR 27.7 ACRES LOCATED AT 1670 RIVER ROAD (A10298 - SURVEY 180 M I LEAL, 27.7 ACRES, KAD 14141, 14142, 14143) (JEREMY WILLIAMS/ EMBREY) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Chairman Bannwolf opened the public hearing at 7:56 p.m. Kevin Sultis, resident of the Esperanza subdivision, stated he believes that the Special Use Permit presented is incomplete. Raul Rodriguez, resident of the Esperanza subdivision, stated that some Esperanza residents are unaware of this project and requested a time extension for considering the request. Andrea Resendez, resident of the Champion Heights subdivision, requested clarification on how the residents benefit from a SUP versus PDD. Attorney Gibbs explained that the SUP offers additional restrictions that the City can enforce. Deed restrictions placed on a property under a PDD, only private parties can enforce, not the City. Chairman Bannwolf closed the public hearing at 8:14 p.m. Ms. Laura Haning clarified that the request for zoning was never withdrawn; the only change was the request for a PDD was withdrawn and a new request for a SUP was submitted. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER ANZOLLITTO, TO APPROVE THE SPECIAL USE PERMIT (SUP) FOR A MULTI-FAMILY DEVELOPMENT WITH LESS THAN 18 UNITS PER City of Boerne Page 7 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes March 30, 2022 ACRE FOR 27.7 ACRES LOCATED AT 1670 RIVER ROAD (A10298 - SURVEY 180 M I LEAL, 27.7 ACRES, KAD 14141, 14142, 14143) (JEREMY WILLIAMS/ EMBREY) WITH THE FOLLOWING CONDITIONS: • NO MORE THAN 214 LIVING UNITS WILL BE CONSTRUCTED • SITE PLAN IS SUBJECT TO MINOR CHANGES AS PERMITTED BY THE CITY OF BOERNE UDC AND BASED ON FINAL CONSTRUCTION DRAWINGS, TREE PRESERVATION, GRADING, ETC. • ON-SITE DETENTION ANTICIPATED. PROPOSED DETENTION AREAS SHOWN ARE SUBJECT TO CHANGE AS PERMITTED BY THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE AND BASED ON FINAL CONSTRUCTION DRAWINGS, TREE PRESERVATION, GRADING, ETC. • ON-SITE LID WILL BE CONSTRUCTED, AS REQUIRED BY THE CITY OF BOERNE. LID AREAS NOT SHOWN DUE TO DISPERSAL THROUGHOUT SITE AND DEPENDENCE ON FINAL CONSTRUCTION DRAWINGS. • UNLESS STATED OTHERWISE, DEVELOPMENT WITHIN THE SUP IS SUBJECT TO BUILDING SETBACKS PER UDC. SETBACKS APPLY TO OVERALL SUP AND NOT TO INTERNAL LOT LINES ALONG PROPOSED COLLECTOR STREET. • THERE WILL BE A MINIMUM BUILDING SETBACK OF 75 FEET FROM THE NORTHERN SUP BOUNDARY, AS FURTHER SHOWN ON THE SUP. • ACCESS POINTS SHOWN ARE SUBJECT TO CHANGED BASED ON-SITE PLAN, CITY OF BOERNE AND/OR TXDOT REQUIREMENTS. • THIS SUP INCLUDES A VARIANCE TO THE MAXIMUM BLOCK SIZE. • THIS SUP INCLUDES A VARIANCE TO MINIMUM SEPARATION LOT ACCESS ALONG MAJOR AND MINOR ARTERIAL AND ALONG PRIMARY AND SECONDARY COLLECTOR IN UDC 7.5.A.2., PUBLIC ACCESS STANDARDS, MINIMUM SEPARATION. ACCESS TO RIVER ROAD DETERMINED BY TXDOT. • THIS SUP INCLUDES A VARIANCE TO PARKING BAYS TO ALLOW DEAD ENDS GREATER THAN 100 FEET (VARIANCE TO ALLOW UP TO 150 FEET) IN UDC 5.6.B.3.C., ON-SITE PARKING AND LOCATION. • NO FREESTANDING POLE LIGHTS TALLER THAN 4 FEET ARE PERMITTED WITHIN 40 FEET OF THE EXTERIOR PROPERTY BOUNDARIES (UNLESS OTHERWISE REQUIRED BY THE CITY ALONG RIVER ROAD). City of Boerne Page 8 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes March 30, 2022 • ADDITIONAL LANDSCAPE BUFFER TO SCREEN ESPERANZA PH1 NEIGHBORS TO THE NORTHEAST OF THE PROPERTY (SEE SPECIFIC LABEL ON THE SUP). • THE NORTHERN BOUNDARY SHALL BE SCREENED WITH EVERGREEN LANDSCAPE SCREENING SEPARATED BY A MAXIMUM OF 20 FEET. • NO STRUCTURE SHALL BE GREATER THAN 2 STORIES. • EACH UNIT WILL BE CONSTRUCTED USING A MIX OF STONE AND STUCCO OR STONE AND HARDIBOARD. • PERIMETER FENCING (APPROXIMATELY 6 FEET TALL) WILL BE PROVIDED, AS FURTHER SHOWN ON THIS SUP. THE FENCING WILL BE WROUGHT IRON/METAL. STONE COLUMNS MAY BE INCLUDED WITHIN THE WROUGHT IRON/METAL FENCING ALONG S.H. 46. ADDITIONAL FENCING MAY BE REQUIRED AROUND DETENTION PONDS/BASINS. • LANDSCAPING/TREE PRESERVATION ALONG RIVER ROAD WILL INCLUDE AN AVERAGE OF 1 TREE EVERY 20 FEET. • MONUMENT SIGNAGE IN CONFORMANCE WITH THE CITY OF BOERNE REGULATIONS WILL BE PROVIDED AT THE ENTRANCE ON RIVER ROAD. • THE MANAGEMENT TEAM FOR THIS SITE WILL OFFER VALET TRASH PICK-UP AND ROUTINE PROFESSIONAL LANDSCAPE SERVICE. • 150 FEET FROM THE CENTERLINE OF THE CREEK WILL BE DEDICATED TO THE CITY OF BOERNE. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER COHOON, COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place No comments were received. City of Boerne Page 9 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes March 30, 2022 7. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 8:16 p.m. _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 25th day of March, 2022 at 6:00 p.m. _______________________________ Secretary City of Boerne Page 10 Printed on 6/20/2022