Planning and Zoning Commission
Regular MeetingBoerne, TX · June 20, 2022
Minutes
MINUTES
SPECIAL CALLED PLANNING AND ZONING COMMISSION MEETING
BOERNE CITY HALL
RONALD C. BOWMAN CITY COUNCIL CHAMBERS
447 North Main Street
Monday, June 20, 2022 – 6:00 p.m.
PRESENT 5 - CHAIRMAN TIM BANNWOLF, COMMISSIONER BOB CATES,
COMMISSIONER BILL BIRD, COMMISSIONER SUSAN FRIAR,
COMMISSIONER LUCAS HILER
ABSENT 2- COMMISSIONER PATRICK COHOON, COMMISSIONER JOE
ANZOLLITTO
STAFF PRESENT: KRISTY STARK, LAURA HANING, HEATHER WOOD,
SHELDON CRAVEY, REBECCA PACINI, RYAN BASS, JEFF CARROLL, CHERYL
ROGERS, SARA SERRA-BENNETT, ARIEL MORIN
RECOGNIZED/REGISTERED GUESTS: CHRISTINA RYRHOLM, PATRICK
MURPHY
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.)
2. CONFLICTS OF INTEREST
None declared.
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Planning and Zoning Commission Official Meeting Minutes June 20, 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 6:01 p.m.
No comments were received.
Chairman Bannwolf closed public comments at 6:01 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 COMMISSION MEMBER 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 HILER, SECONDED BY
COMMISSIONER BIRD, TO APPROVE THE CONSENT AGENDA AS
PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER
BIRD, COMMISSIONER HILER, COMMISSIONER CATES
NAY: 0
Approved: 5-0
4.A. 2022-511 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR
COMMONS AT MENGER CREEK UNIT 7 PRELIMINARY PLAT (KAD
NO. 39338). TAKE NECESSARY ACTION.
4.B. 2022-512 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR
COMMONS AT MENGER CREEK UNIT 9 PRELIMINARY PLAT (KAD
NO. 39338). TAKE NECESSARY ACTION.
4.C. 2022-513 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR
COMMONS AT MENGER CREEK UNIT 10 PRELIMINARY PLAT (KAD
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Planning and Zoning Commission Official Meeting Minutes June 20, 2022
NO. 39338). TAKE NECESSARY ACTION.
4.D. 2022-514 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.
4.E. 2022-515 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR
ESPERANZA PHASE 2H PRELIMINARY PLAT (KAD NO. 14990 AND
15028). TAKE NECESSARY ACTION.
4.F. 2022-516 CONSIDER APPROVAL OF THE PRELIMINARY PLAT FOR
ESPERANZA PHASE 3D, 55.987 ACRES, 146 RESIDENTIAL LOTS, 6
OPEN SPACE LOTS, AND 10.778 ACRES OF RIGHT-OF-WAY (KAD
NO. 14990, 15028, 42994, AND 45852).
5. REGULAR AGENDA
5.A. 2022-517 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF
BOERNE, TEXAS, BY AMENDING CHAPTER 15. OFFENSES AND
MISCELLANEOUS PROVISIONS, ARTICLE III, PEDDLERS,
CANVASSERS AND SOLICITORS, ADDING DEFINITIONS AND
REGULATIONS FOR THE OPERATION AND USE OF MOBILE FOOD
COURTS; PROVIDING FOR A PENALTY NOT TO EXCEED $1000 FOR
THE VIOLATION THEREOF; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Ms. Laura Haning, Director of Planning and Community Development,
gave a presentation on proposed food truck ordinances.
Commission discussion ensued regarding required Special Use Permits,
and other various permits required by the city's Code Enforcement
Department and the Kendall County Health Department. Commission
discussion also included concerns with enforcement of the ordinances,
concerns with generators being allowed (noise), grease traps (fire
hazards), parking, appearance of location after a food truck leaves, and
proximity to neighboring buildings.
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Planning and Zoning Commission Official Meeting Minutes June 20, 2022
Ms. Laura Haning clarified that conditions can be placed on the motion
to address any concerns of the Commission.
Ms. Sara Serra-Bennett, City Planner II, explained that she researched
ordinances from multiple cities to piece together best practices and what
would best apply to Boerne.
Chairman Bannwolf established a subcommittee of the Planning and
Zoning Commission to meet and discuss food truck establishments and
ordinances; Commissioner Bob Cates will Chair the subcommittee, and
Commissioner Bill Bird and Commissioner Lucas Hiler will serve on this
subcommittee.
Chairman Bannwolf opened the public hearing at 6:34 p.m.
No comments were received.
Chairman Bannwolf closed the public hearing at 6:34 p.m.
A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY
COMMISSIONER HILER, TO TABLE THE ORDINANCE AMENDING THE CODE
OF ORDINANCES, CITY OF BOERNE, TEXAS, BY AMENDING CHAPTER 15.
OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE III, PEDDLERS,
CANVASSERS AND SOLICITORS, ADDING DEFINITIONS AND REGULATIONS
FOR THE OPERATION AND USE OF MOBILE FOOD COURTS; PROVIDING FOR
A PENALTY NOT TO EXCEED $1000 FOR THE VIOLATION THEREOF;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. THE
MOTION CARRIED BY THE FOLLOWING VOTE:
YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER
BIRD, COMMISSIONER HILER, COMMISSIONER CATES
NAY: 0
Approved: 5-0
City of Boerne Page 4 Printed on 7/18/2022
Planning and Zoning Commission Official Meeting Minutes June 20, 2022
6. DISCUSSION ITEM
6.A. APPROVED FUTURE AND PROPOSED DEVELOPMENTS
Ms. Laura Haning provided the Commission with information regarding
proposed and current developments throughout the City.
Commission discussion ensued regarding multifamily development in the
city.
No action taken.
7. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action
may take place
Chairman Bannwolf expressed appreciation to Commissioner Joe
Anzollitto and Commissioner Bill Bird for recently renewing their oaths
of office to the Planning and Zoning Commission.
8. ADJOURNMENT
Chairman Bannwolf adjourned the Planning and Zoning Commission at
7:13 p.m.
_______________________________
Chairman
CERTIFICATION
I herby certify that the above notice of meeting was posted on the 17th day of June,
2022 at 6:00 p.m.
_______________________________
Secretary
City of Boerne Page 5 Printed on 7/18/2022
Agenda
AGENDA
SPECIAL CALLED PLANNING AND ZONING COMMISSION MEETING
BOERNE CITY HALL
RONALD C. BOWMAN CITY COUNCIL CHAMBERS
447 North Main Street
Monday, June 20, 2022 – 6:00 p.m.
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
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
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)
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 COMMISSION MEMBER OR CITIZEN SO REQUESTS, IN WHICH EVENT THE
ITEM MAY BE MOVED TO THE GENERAL ORDER OF BUSINESS AND CONSIDERED IN ITS
NORMAL SEQUENCE.
City of Boerne Page 1 Printed on 6/17/2022
Planning and Zoning Agenda June 20, 2022
Commission
4.A. 2022-511 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR
COMMONS AT MENGER CREEK UNIT 7 PRELIMINARY PLAT (KAD
NO. 39338). TAKE NECESSARY ACTION.
Attachments: AIS 30-Day Ext CMC Un 7
Att 1 - Location Map
Att 2 - Aerial Map CMC Unit 7
Att 3 - Request 30 Day Ext 220616
Att 4 - Prelim Plat CMC Unit 7 220523
Att 5 - APPROVED Commons at Menger Creek Feb2018
Att 6 - Memo Review 4 Comments CMC Unit 7
Att 7 - Redlines CMC Unit 7 220603
4.B. 2022-512 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR
COMMONS AT MENGER CREEK UNIT 9 PRELIMINARY PLAT (KAD
NO. 39338). TAKE NECESSARY ACTION.
Attachments: AIS 30-Day Ext CMC Unit 9
Att 1 - Location Map CMC9
Att 2 - Aerial Map CMC Unit 9
Att 3 - Request 30 Day Ext 220616
Att 4 - Prelim Plat CMC Unit 9 220523
Att 5 - APPROVED Commons at Menger Creek Feb2018
Att 6 - Memo Review 3 CMC Unit 9 Prelim Plat
Att 7 - Redlines CMC Unit 7 220602
4.C. 2022-513 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR
COMMONS AT MENGER CREEK UNIT 10 PRELIMINARY PLAT (KAD
NO. 39338). TAKE NECESSARY ACTION.
Attachments: AIS 30-Day Ext CMC Unit 10
Att 1 - Location Map cmc10
Att 2 - Aerial Map CMC Unit 10
Att 3 - Request 30 Day Ext 220616
Att 4 - Prelim Plat CMC Unit 10 220523
Att 5 - APPROVED Commons at Menger Creek Feb2018
Att 6 - Memo Review 3 CMC Unit 10 Prelim Plat
Att 7 - Redlines CMC Unit 10 220602
City of Boerne Page 2 Printed on 6/17/2022
Planning and Zoning Agenda June 20, 2022
Commission
4.D. 2022-514 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.
Attachments: AIS Esperanza Ph 2G Prelim Plat 220620
Att 1 - Location Map Esperanza Ph 2G
Att 2 - Aerial Map Esperanza 2G
Att 3 - Request 30 Day Ext 220603
Att 4- Esperanza Pod GDP SF-8 SF-9 SF-10 Approved 20210503
Att 5 - Esperanza 2G - Final Plat 220513
Att 6 - Memo Review 1 Esperanza 2G Final Plat
Att 7 - Redlines Esperanza 2G 220603
4.E. 2022-515 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR
ESPERANZA PHASE 2H PRELIMINARY PLAT (KAD NO. 14990 AND
15028). TAKE NECESSARY ACTION.
Attachments: AIS Esperanza Ph 2H Prelim Plat 220620
Att 1 - Location Map
Att 2 - Aerial Map Esperanza 2H
Att 3 - Request 30 Day Ext 220603
Att 4 - Esperanza Pod GDP SF-8 SF-9 SF-10 Approved 20210503
Att 5 - Prelim Plat - Esperanza 2H 220523
Att 6 - Memo Review 2 Esperanza 2H Prelim Plat
Att 7 - Redlines Esperanza 2H 220603
4.F. 2022-516 CONSIDER APPROVAL OF THE PRELIMINARY PLAT FOR
ESPERANZA PHASE 3D, 55.987 ACRES, 146 RESIDENTIAL LOTS, 6
OPEN SPACE LOTS, AND 10.778 ACRES OF RIGHT-OF-WAY (KAD
NO. 14990, 15028, 42994, AND 45852).
Attachments: AIS Esperanza Ph 3D Prelim Plat 220620
Att 1 - Location Map 3D
Att 2 - Aerial Map Esperanza 3D
Att 3 - Esperanza Pod GDP Ph 3 and 4 APPROVED 20210607
Att 4 - Esperanza 3D Preliminary Plat
5. REGULAR AGENDA
City of Boerne Page 3 Printed on 6/17/2022
Planning and Zoning Agenda June 20, 2022
Commission
5.A. 2022-517 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF
BOERNE, TEXAS, BY AMENDING CHAPTER 15. OFFENSES AND
MISCELLANEOUS PROVISIONS, ARTICLE III, PEDDLERS,
CANVASSERS AND SOLICITORS, ADDING DEFINITIONS AND
REGULATIONS FOR THE OPERATION AND USE OF MOBILE FOOD
COURTS; PROVIDING FOR A PENALTY NOT TO EXCEED $1000
FOR THE VIOLATION THEREOF; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
I. STAFF PRESENTATION
II. PUBLIC HEARING
III. MAKE RECOMMENDATION
Attachments: AIS Mobile Food Truck Court
Att 1 - Food Truck
6. DISCUSSION ITEM
6.A. APPROVED FUTURE AND PROPOSED DEVELOPMENTS
7. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action
may take place
8. ADJOURNMENT
s/s Laura Haning
_______________________________
Administrative Officer
CERTIFICATION
I herby certify that the above notice of meeting was posted on the 17th day of June,
2022 at 6:00 p.m.
s/s Krystal Brown
_______________________________
Secretary
City of Boerne Page 4 Printed on 6/17/2022
Planning and Zoning Agenda June 20, 2022
Commission
NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS
The City Hall Complex is wheelchair accessible. Access to the building and special
parking is available at the front entrance of the building. Requests for special
services must be received forty-eight (48) hours prior to the meeting time by calling
the Planning and Community Development Department at 830-248-1501.
Pursuant to Section 30.06 Penal Code (trespass by license holder with a concealed
handgun), a person licensed under Subchapter H, Chapter 411, Government Code
(handgun licensing law), may not enter this property with a concealed handgun.
Pursuant to section 30.07 Penal Code (trespass by license holder with an openly
carried handgun), a person licensed under Subchapter H, Chapter 411, Government
Code (handgun licensing law), may not enter this property with a handgun that is
carried openly.
City of Boerne Page 5 Printed on 6/17/2022
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