Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, April 4, 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, 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: GUY ATHERTON, ANDREA RESENDEZ, TRACY MOCK, MATTHEW ROBINSON, LANCE KYLETRACY MOCK, MARK SMITH, JP PRITKO, ROBERT IMLER, MATTHEW CUSHMAN, DON BAKER, TOM CARTER 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 6:03 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 Commissioner Cohoon declared a conflict with item 5.E. City of Boerne Page 1 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes April 4, 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 public comments at 6:05 p.m. Guy Atherton, resident of the Champion Heights subdivision, spoke regarding proposals that have been presented by the Christianson and Pedrotti team (1650 River Road project); neighbors have outstanding concerns with traffic and the detention pond that the Champion Heights home owners association is currently responsible for maintaining. They are also concerned with no plan of what will be developed on this site. Andrea Resendez, resident of the Champion Heights subdivision, spoke regarding the neighbors who have been negotiating with Christianson and Pedrotti team; neighbors have outstanding concerns with no guarantee of what will be placed on this property, and mentioned issues with the detention pond. Tracy Mock, resident of the Champion Heights subdivision (202 Aspen Drive), spoke regarding some progress with negotiations with the Christianson and Pedrotti team specific to set backs and rezoning only part of property. Chairman Bannwolf closed public comments at 6:16 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 City of Boerne Page 2 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes April 4, 2022 A MOTION WAS MADE BY VICE CHAIR COHOON, SECONDED BY COMMISSIONER BIRD, THAT THIS BE APPROVED [FILE_TITLE]. THE MOTION CARRIED BY THE FOLLOWING VOTE: 4.A. 2022-358 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 23, 2022 AND THE PLANNING AND ZONING COMMISSION MEETING OF MARCH 7, 2022. 4.B 2022-359 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR ESPERANZA PHASE 3C PRELIMINARY PLAT GENERALLY LOCATED NORTHEAST OF THE PROPOSED INTERSECTION OF ESPERANZA BOULEVARD AND SPLENDIDO (KAD NO. 14990, 14991, 15019, AND 15028). TAKE NECESSARY ACTION. 4.C. 2022-360 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR CORLEY FARMS UNIT 4 PRELIMINARY PLAT (KAD NO. 12184 AND 307737). TAKE NECESSARY ACTION. 4.D. 2022-361 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. 4.E 2022-362 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. 4.F 2022-363 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. 4.G 2022-364 CONSIDER DISAPPROVAL OF THE PRELIMINARY PLAT FOR City of Boerne Page 3 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes April 4, 2022 COMMONS AT MENGER CREEK UNIT 9 PRELIMINARY PLAT, 6.333 ACRES, 6 NON-RESIDENTIAL LOTS AND 0.45 ACRES OF RIGHT-OF-WAY (KAD NO. 39338) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. 4.H 2022-365 CONSIDER DISAPPROVAL OF THE PRELIMINARY PLAT FOR COMMONS AT MENGER CREEK UNIT 10 PRELIMINARY PLAT, 4.45 ACRES, 3 NON-RESIDENTIAL LOTS AND 1 OPEN SPACE LOT (KAD NO. 39338) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO 4.I. 2022-366 CONSIDER CONDITIONAL APPROVAL FOR CORLEY FARMS UNIT 1 FINAL PLAT, 33.77 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. 5. REGULAR AGENDA: 5.A. 2022-371 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. Cheryl Rogers, City Engineer, presented the proposed variance. Tom Carter, Pape Dawson representative, gave a brief presentation of the Hyundai site plan and the proposed watershed protection zone variance request. Chairman Bannwolf allowed public comments at 6:28 p.m. Lance Kyle, resident at 226 Cascade Caverns Road, spoke in opposition of the variance request. Commissioner Cates (subcommittee member for this project) gave a brief report from the Planning and Zoning Commission subcommittee that City of Boerne Page 4 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes April 4, 2022 met with the developers requesting this variance; with this property being in the city's extra territorial jurisdiction (ETJ) the proposed plan preserves more trees and benefits the city by diverting water the best way possible. Commission discussion ensued regarding flow of water from other sites in the area, detention pond requirements, and the importance of water controls and treatment. The commission agreed that this plan is better than alternatives, keeping in mind that the property is in the ETJ and the developer has been mindful of what is important to the City (addressing water concerns and tree preservation). A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER FRIAR, TO APPROVE THE 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)WITH THE FOLLOWING CONDITIONS: · DESIGN LOW IMPACT DEVELOPMENT TO TREAT 2.35” RAINFALL DEPTH · DRAINAGE CHANNEL SHALL BE AN EARTHEN VEGETATED CHANNEL ALONG THE WESTERN BOUNDARY · SHALL PRESERVE TREES AS SHOWN ON THE SITE PLAN PRESENTED AND MAKE EVERY EFFORT TO PRESERVE TREES ALONG THE RIGHT-OF-WAY 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 5 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes April 4, 2022 5.B. 2022-372 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). APPLICANT REQUESTED POSTPONEMENT. Applicant requested item to be postponed; no motion; no action. 5.C. 2022-367 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). APPLICANT REQUESTED POSTPONEMENT. I. STAFF PRESENTATION II. MAKE RECOMMENDATION Applicant requested item to be postponed; no motion; no action. 5.D. 2022-368 TO CONSIDER THE PROPOSED SPECIAL USE PERMIT FOR COMMERCIAL RECREATION (INDOOR) IN A C2, TRANSITIONAL COMMERCIAL, ENTRANCE CORRIDOR OVERLAY DISTRICT LOCATED AT 18 SCENIC LOOP ROAD (KENDALL CREEK ESTATES PHASE I, BLK 5, LOT 14, 1.19 ACRES, KAD 49177). (MATTHEW ROBINSON/ BOERNE ESCAPE ROOMS LLC) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Sara Serra-Bennett presented the proposed special use permit. Chairman Bannwolf opened public hearing at 6:51 p.m. Applicant Matthew Robinson, spoke regarding the use of this space; they are planning on opening an indoor escape room and have no intentions City of Boerne Page 6 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes April 4, 2022 of serving alcohol. Chairman Bannwolf closed the public hearing at 6:53 p.m. Ms. Laura Haning clarified that the SUP in place for the Escape Room use and for that suite only and will expire after 5 years. Mr. Donovan, Associate City Attorney, explained that the Director of Planning would make an initial determination of what other types of businesses would be allowed in this commercial indoor recreational category, in the event the Escape Room does not stay in business at this location. Mr. Donovan stated that the Commission is able to place conditions on this SUP to address the concerns of alcohol sale at this location. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER COHOON, TO APPROVE THE PROPOSED SPECIAL USE PERMIT FOR COMMERCIAL RECREATION (INDOOR) IN A C2, TRANSITIONAL COMMERCIAL, ENTRANCE CORRIDOR OVERLAY DISTRICT LOCATED AT 18 SCENIC LOOP ROAD (KENDALL CREEK ESTATES PHASE I, BLK 5, LOT 14, 1.19 ACRES, KAD 49177). (MATTHEW ROBINSON/ BOERNE ESCAPE ROOMS LLC) WITH THE CONDITION THAT ALCOHOL WILL NOT BE SERVED (NO ALCOHOL SALES) AS LONG AS THE DAYCARE NEXT DOOR IS IN OPERATION AND IF THEY DO SELL ALCOHOL, THEN THE SUP WILL BE TERMINATED. 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. 2022-369 TO CONSIDER THE PROPOSED SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING - GARAGE APARTMENT IN A R2-M, MODERATE DENSITY RESIDENTIAL DISTRICT LOCATED AT 431 City of Boerne Page 7 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes April 4, 2022 EAST BANDERA ROAD (EAST BANDERA RESIDENTIAL, LOT 2, 0.303 ACRES, KAD 310448). (MENGER DEVELOPMENT LLC/ SHAWN BARRY). I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Commissioner Cohoon recused himself from item 5.E. and left the dais at 7:06 p.m. Ms. Sara Serra-Bennett presented the proposed special use permit. Chairman Bannwolf opened the public hearing 7:12 p.m. Shawn Barry, applicant and resident at 619 Menger Springs, explained the reason for this request is to be able to get some height to create a visual shield from the apartments being constructed behind this property. Public hearing ended at 7:15 p.m. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FRIAR, TO APPROVE THE PROPOSED SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING - GARAGE APARTMENT IN A R2-M, MODERATE DENSITY RESIDENTIAL DISTRICT LOCATED AT 431 EAST BANDERA ROAD (EAST BANDERA RESIDENTIAL, LOT 2, 0.303 ACRES, KAD 310448). (MENGER DEVELOPMENT LLC/ SHAWN BARRY). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER ANZOLLITTO, COMMISSIONER CATES, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER FRIAR NAY: 0 City of Boerne Page 8 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes April 4, 2022 5.F. 2022-370 TO CONSIDER THE PROPOSED ZONING FROM HOL, HOLDING, TO I2, LIGHT INDUSTRIAL DISTRICT, LOCATED AT 30975 INTERSTATE HIGHWAY 10 (BUIE SUBDIVISION, BLK 1, LOT PT 1, 2.0 ACRES, KAD 12242). (MICHAEL BUIE) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Commissioner Cohoon returned to the dais at 7:17 p.m. Ms. Sara Serra-Bennett presented the proposed zoning case. Chairman Bannwolf opened the Public Hearing at 7:19 p.m. No comments were received. Chairman Bannwolf closed the Public Hearing at 7:19 p.m. A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER ANZOLLITTO, TO APPROVE THE PROPOSED ZONING FROM HOL, HOLDING, TO I2, LIGHT INDUSTRIAL DISTRICT, LOCATED AT 30975 INTERSTATE HIGHWAY 10 (BUIE SUBDIVISION, BLK 1, LOT PT 1, 2.0 ACRES, KAD 12242). (MICHAEL BUIE). 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 Chairman Bannwolf expressed appreciation to the commission as a City of Boerne Page 9 Printed on 6/20/2022 Planning and Zoning Commission Official Meeting Minutes April 4, 2022 whole. Commissioner Hiler gave an update on the short-term rental subcommittee. 7. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 7:26 p.m. _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 1st day of April, 2022 at 5:30 p.m. _______________________________ Secretary City of Boerne Page 10 Printed on 6/20/2022