Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, June 6, 2022 – 6:00 p.m. PRESENT 5 - COMMISSIONER JOE ANZOLLITTO, COMMISSIONER PATRICK COHOON, COMMISSIONER BILL BIRD, COMMISSIONER SUSAN FRIAR, COMMISSIONER LUCAS HILER LATE 1 - CHAIRMAN TIM BANNWOLF ABSENT 1 - COMMISSIONER BOB CATES STAFF PRESENT: KRISTY STARK, LAURA HANING, HEATHER WOOD, SHELDON CRAVEY, REBECCA PACINI, RYAN BASS, JEFF CARROLL, CHERYL ROGERS, SARA SERRA-BENNETT RECOGNIZED/REGISTERED GUESTS: CHRISTINA RYRHOLM, GARY REEVES, CHERYL SCOTT, TOM T., CHERYL PERZ, BRENT HARD, JAMES AYERS, TRACE KLEIN, AMY SHOEMAKER, TRAVIS ROBERSON 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 Vice Chair Cohoon 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.) City of Boerne Page 1 Printed on 7/18/2022 Planning and Zoning Commission Official Meeting Minutes June 6, 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) Vice Chair Cohoon opened public comments at 6:01 p.m. Mr. James Ayers, resident at 142 Hidden Haven Drive, spoke regarding concerns with traffic and density with proposed plan for the property located at 320 North Esser. Vice Chair Cohoon closed public comments at 6:04 p.m. 4. 2022-486 ADMINISTER OATHS OF OFFICE - COMMISSIONER BILL BIRD AND COMMISSIONER JOE ANZOLLITTO. 5. CONSENT AGENDA A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER FRIAR, TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- COMMISSIONER COHOON, COMMISSIONER FRIAR, COMMISSIO N E R BIRD, COMMISSIONER HILER, COMMISSIONER ANZOLLITTO NAY: 0 Approved: 5-0 5.A. 2022-487 THE AMENDED MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF MARCH 30, 2022, THE AMENDED MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF APRIL 4, 2022, AND THE MINUTES OF THE City of Boerne Page 2 Printed on 7/18/2022 Planning and Zoning Commission Official Meeting Minutes June 6, 2022 PLANNING AND ZONING COMMISSION MEETING OF MAY 2, 2022. 5.B. 2022-488 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR COMMONS AT MENGER CREEK UNIT 7 PRELIMINARY PLAT (KAD NO. 39338). TAKE NECESSARY ACTION. 5.C. 2022-489 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR COMMONS AT MENGER CREEK UNIT 9 PRELIMINARY PLAT (KAD NO. 39338). TAKE NECESSARY ACTION. 5.D. 2022-490 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR COMMONS AT MENGER CREEK UNIT 10 PRELIMINARY PLAT (KAD NO. 39338). TAKE NECESSARY ACTION. 5.E. 2022-491 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR ESPERANZA PHASE 2G FINAL PLAT (KAD NO. 14990, 14991, 15019, 15028 AND 300730). TAKE NECESSARY ACTION. 5.F. 2022-492 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR ESPERANZA PHASE 2H PRELIMINARY PLAT (KAD NO. 14990 AND 15028). TAKE NECESSARY ACTION. 5.G. 2022-493 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR ESPERANZA PHASE 3D PRELIMINARY PLAT (KAD NO. 14990, 15028, 42994, AND 45852). TAKE NECESSARY ACTION. 5.H. 2022-494 CONSIDER CONDITIONAL APPROVAL FOR REGENT PARK UNIT 5 FINAL PLAT, 15.32 ACRES, 35 RESIDENTIAL LOTS, 3 OPEN SPACE LOTS, AND 4.848 ACRES OF RIGHT-OF-WAY (KAD NO. 291871 and 306990) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE. 5.I. 2022-496 CONSIDER CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT FOR CORLEY FARMS UNIT 4, 36.14 ACRES, 119 RESIDENTIAL LOTS, 8 OPEN SPACE LOTS, AND 9.35 ACRES OF RIGHT-OF-WAY (KAD NO. 307737 AND 12154) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. 6. REGULAR AGENDA: City of Boerne Page 3 Printed on 7/18/2022 Planning and Zoning Commission Official Meeting Minutes June 6, 2022 6.A. 2022-497 UNTABLE THE PROPOSED REZONING FROM R2-M DT, MODERATE DENSITY RESIDENTIAL, DOWNTOWN COMMUNITY OVERLAY DISTRICT, TO R3-D DT, DUPLEX RESIDENTIAL DOWNTOWN COMMUNITY OVERLAY DISTRICT, LOCATED AT 327 EBNER STREET (TRINIDAD ADDITION LOT 3, 0.191 ACRE, KAD 33727) (BEN ANCA). APPLICANT REQUESTED POSTPONEMENT. Applicant requested postponement. No action. 6.B. 2022-498 TO CONSIDER THE PROPOSED REZONING FROM R2-M DT, MODERATE DENSITY RESIDENTIAL, DOWNTOWN COMMUNITY OVERLAY DISTRICT, TO R3-D DT, DUPLEX RESIDENTIAL DOWNTOWN COMMUNITY OVERLAY DISTRICT, LOCATED AT 327 EBNER STREET (TRINIDAD ADDITION LOT 3, 0.191 ACRE, KAD 33727) (BEN ANCA). APPLICANT REQUESTED POSTPONEMENT. I. STAFF PRESENTATION II. MAKE RECOMMENDATION Applicant requested postponement. No action. 6.C. 2022-499 TO CONSIDER THE PROPOSED SPECIAL USE PERMIT FOR BUNGALOW COURTS IN A R1-M, MEDIUM DENSITY RESIDENTIAL DISTRICT LOCATED AT 320 NORTH ESSER ROAD (SURVEY 180 M I LEAL (CHEEVERS ADDITION PT 4), 1.01 ACRES, KAD 14132). (HOWARD KLEIN JR). I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Sara Serra-Bennett, City Planner II., presented the proposed rezoning. Vice Chair Cohoon opened the Public Hearing at 6:24 p.m. No comments were received. Vice Chair Cohoon closed the Public Hearing at 6:36 p.m. City of Boerne Page 4 Printed on 7/18/2022 Planning and Zoning Commission Official Meeting Minutes June 6, 2022 Brent Hand, resident at 109 Hidden Haven, spoke regarding concerns with the proposed development specific to density, noise, light pollution, setbacks, parking, pedestrian safety, placement of trash bins, drainage and overall negatively impacting the neighbors/neighborhood. Travis Roberson, applicant and resident at 313 Frey Street, spoke regarding the intent of the proposed bungalow courts; he explained that the plan is to have single story units that are meant to be affordable living, and are designed to reduce stacking of vehicles (to address parking concerns). He clarified that the drainage flow has yet to be studied, that the development will be on City sewer not septic, and that setbacks will meet city regulations. Amy Shoemaker, resident at 154 Hidden Haven, spoke in favor of the smaller units being proposed for this site but mentioned some concerns with drainage and parking. Chairman Tim Bannwolf arrived at 6:37 p.m. and took his place as Chair; Vice Chair Cohoon stepped down as acting Chair and took his regular place at the dais. Commission discussion ensued regarding privacy of surrounding neighbors, parking, density, and setback/fencing requirements. Mr. Roberson explained that the five units on the western boundary are designated as single story with eight feet fencing on three sides to address privacy concerns. He further clarified that they intend to have less impervious cover than is allowed, and he spoke to the credibility of the owner (Mr. Trace Klein) of this property and their overall intentions for the project. Trace Klein, owner of the property being considered and resident at 329 Hickman Street, clarified that the intent of this project is not apartment style structures, but is to maintain integrity and a high level of maintenance to benefit and enhance this area. He further explained that City of Boerne Page 5 Printed on 7/18/2022 Planning and Zoning Commission Official Meeting Minutes June 6, 2022 exact project details (ownership structure, lease requirements, condo style) are currently undetermined. Ms. Laura Haning, Planning and Community Development Director, clarified that the setbacks are in the perimeter of the proposed development. She also explained that any concerns with building heights, impervious cover, parking, etc., can be addressed through variances and/or conditions through a Special Use Permit (SUP). A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY COMMISSIONER COHOON, TO TABLE THE PROPOSED SPECIAL USE PERMIT FOR BUNGALOW COURTS IN A R1-M, MEDIUM DENSITY RESIDENTIAL DISTRICT LOCATED AT 320 NORTH ESSER ROAD (SURVEY 180 M I LEAL (CHEEVERS ADDITION PT 4), 1.01 ACRES, KAD 14132). (HOWARD KLEIN JR). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA : 6- CHAIRMAN BANNWOLF, COMMISSIONER COHOON, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER ANZOLLITTO NAY: 0 Approved: 6-0 7. DISCUSSION ITEMS: 7.A. 2022-500 PROJECTS DASHBOARD OVERVIEW - PROPOSED/UPCOMING PROJECT NOTIFICATION. Ms. Laura Haning, Director of Planning and Community Development, gave a brief overview of various projects that are currently mapped and available on the City of Boerne website; she also presented different ideas to present proposed/upcoming projects in the future. Commission discussion ensued regarding deadlines for project (zoning, special use permits, multifamily) request(s), schedule of B.O.N.D. meetings, and public notification process. City of Boerne Page 6 Printed on 7/18/2022 Planning and Zoning Commission Official Meeting Minutes June 6, 2022 Kristy Stark, Assistant City Manager, spoke regarding the intent to provide more transparent information to the public regarding timelines of approved projects to include multifamily; this will provide dates projects are approved by City Council, what is currently under construction, and a report that lists multifamily projects (current, past, proposed). 8. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place No comments. 9. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 7:39 p.m. _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 3rd day of June, 2022 at 5:00 p.m. _______________________________ Secretary City of Boerne Page 7 Printed on 7/18/2022