Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, August 29, 2022 – 6:00 p.m. PRESENT 7- CHAIRMAN TIM BANNWOLF, VICE CHAIR PATRICK COHOON, COMMISSIONER JOE ANZOLLITTO, COMMISSIONER SUSAN FRIAR, COMMISSIONER LUCAS HILER, COMMISSIONER BOB CATES, COMMISSIONER BILL BIRD STAFF PRESENT: MICK MCKAMIE, KRISTY STARK, LAURA HANING, HEATHER WOOD, RYAN LEWIS, REBECCA PACINI, JEFF CARROLL, SARA SERRA-BENNETT, MARTHA BERNAL RECOGNIZED/REGISTERED GUESTS: CHRISTINA RYRHOLM, ZACHARY-TAYLOR WRIGHT, ALEX RUDD, DAVID RUDD, LANCE KYLE, ROBERT IMLER, TOM TRENT, DAVID HOLLAND, DELANEY HONAKER, BECKY STOKES, JIM STOKES, GREG YOST, MICHAEL YOST, CURT CAMPBELL, WANDA MCCARTHY, DONNA TAYLOR, VIALISSA GERHARD, PAUL SWILLEY, ALLEN TAHA, RICH SWINGHAMER, TOM TUENE, JOHN HILLCOAT, FRANCESCA KARPEL, DONNA TAYLOR, MAXIE ZINSMEISTER, MELANIE BEIGHLE, WAYNE BEIGHLE, CHERYL PREZ, TOM TRENTLAGE, BEN ANCA, MIKE SCHULTZ, CAROL SCHULTZ, RON KARPEL, EDWARD MCCREA 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 6:02 p.m. City of Boerne Page 1 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 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 Anzollitto declared conflicts with consent agenda items 4.B., 4.C., 4.D., and regular agenda item 5.A. 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) Mr. Curt Campbell spoke regarding agenda item 4.F. He explained that this is their first time going through the platting process since the Unified Development Code was adopted. He expressed concerns with the process, their intent to address the remaining comments, and asked the Commission to reconsider staff's recommendation for disapproval and vote for a conditional approval. Mr. John Hillcoat spoke regarding item 4.F. stating dissatisfaction with the process for the major development plat being considered for disapproval; he thought they were on the agenda for approval, having only minor comments left to be addressed. Paul Swilley, resident at 132 Cinnamon Creek, spoke in opposition of the items on the agenda that are related to the Ranches at Creekside subdivision; he expressed concerns with road alignment, water supply, impervious cover, and density. 4. CONSENT AGENDA: The Commission agreed to pull items 4.B., 4.C., 4.D., and 4.F. from the consent agenda to be considered separately and by separate votes. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER COHOON, TO APPROVE CONSENT AGENDA ITEMS 4.A., City of Boerne Page 2 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 AND 4.E. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER COHOON, COMMISSIONER ANZOLLITTO NAY: 0 APPROVED: 7-0 Commissioner Anzollitto recused himself from discussion and vote for consent agenda items 4.B., 4.C., and 4.D.; he left the dais at 6:09 p.m. 4.A. 2022-673 THE MINUTES OF THE PLANNING AND ZONING COMMISSION WORKSHOP OF AUGUST 1, 2022 AND THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF AUGUST 1, 2022. 4.B. 2022-674 CONSIDER CONDITIONAL APPROVAL FOR RANCHES AT CREEKSIDE UNIT 2A FINAL PLAT, 19.567 ACRES, 29 RESIDENTIAL LOTS, 6 OPEN SPACE LOTS, 4.51 ACRES OF PUBLIC RIGHT-OF-WAY, AND 2.65 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 304984, 308124, & 49167) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE. Ms. Rebecca Pacini, City Planner III, presented the final plat. Chairman Bannwolf allowed public comments. Ms. Becky Stokes, resident at 132 Cimarron Creek, spoke in opposition of the items on the agenda that are related to Ranches at Creekside and requested to have them tabled. She expressed concerns with road alignments/connectivety and would like to have time for residents of the subdivision to have open discussions with the developer about long-term changes and future develop that may impact current residents. City of Boerne Page 3 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 Ms. Wanda McCarthy, 115 Ammann Road, spoke regarding concerns with uncontrolled growth, flood issues, water concerns, late revisions to the plat and requested that the Commission consider denial. Ms. Vialissa Gerhard, resident at 103 Ammann Road (Kendall County), spoke regarding decisions being made by the Commission having an impact on current residents. Rich Swinghamer, resident at 101 Coldwater, spoke regarding Ranches at Creekside items being considered on the agenda. He expressed concerns with plans being approved with inadequate open space and requested that the items be approved with a condition that residents of the subdivision have an opportunity to discuss the plan with the developer. He would also like a chance to speak with the City Manager regarding how Public Improvement District (PID) funds are being used for City improvements. Greg Yost, resident at 108 Wyatt Trail, spoke regarding concerns with thoroughfare planning and possible condemnation of property for future road connectively. Allan Taha, resident at 136 Woodland Ranch Road, spoke in opposition of the agenda items that are related to Ranches at Creekside, expressing concerns with possible future eminent domain being utilized for the road alignments. Michael Yost, resident at 31320 Meadow Creek Trail, spoke regarding concerns with where the road dead ends and the burden being left on the neighbors for developer's benefit. Chairman Bannwolf called on Ms. Laura Haning, Planning and Community Development Director, for some background information on this development and Mr. Mick McKamie, Associate City Attorney, for clarification of requirements for plat consideration. City of Boerne Page 4 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 Ms. Laura Haning gave some background details regarding this development; there have been two approved master plans for this development (one plan approved in 2013 and one plan approved in 2019) with some minor adjustments to road alignment. She further clarified that the connection that seems to be of concern to the neighbors is not on the plats being presented tonight. Mr. Jeff Carroll, Development Services Director, gave a brief update on the current process of the City's thoroughfare planning; currently waiting on recommendations from Kendall County and the City of Fair Oaks Ranch. Ms. Pacini, clarified where the connection is on the plats being considered on this agenda; the road (shown on plats being considered) ends at the intersection of Copper Creek and Herff Ranch Blvd. She further explained that the preliminary plat was approved in 2021, prior to the adoption of the Unified Development Code, therefore, follows older ordinances. This final plat now meets all of the requirements of the Code, however, is presented as conditional approval; the condition is to ensure that infrastructure will be constructed, and once accepted, then the plat will be recorded. The Planning and Zoning Commission can approve, approve with conditions, or disapprove the plat. If no action is taken, the plat will automatically be approved by operation of state law in 30 days. Mr. Mick McKamie, Associate City Attorney, spoke regarding state law requirements pressing Texas commissions to take action on plats (commission has very little discretion). Mr. McKamie confirmed the three options for taking action is to approve, approve with conditions, or disapprove the plat. If no action is taken, the plat will automatically be approved by operation of state law in 30 days. Commission discussion ensued regarding concerns brought up by citizens. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY City of Boerne Page 5 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 COMMISSIONER CATES, TO CONDITIONALLY APPROVAL THE RANCHES AT CREEKSIDE UNIT 2A FINAL PLAT, 19.567 ACRES, 29 RESIDENTIAL LOTS, 6 OPEN SPACE LOTS, 4.51 ACRES OF PUBLIC RIGHT-OF-WAY, AND 2.65 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 304984, 308124, & 49167) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER COHOON ABSTAINED: COMMISSIONER ANZOLLITTO NAY: 1- COMMISSIONER BIRD CONDITIONALLY APPROVED: 5-1 4.C. 2022-675 CONSIDER CONDITIONAL APPROVAL FOR RANCHES AT CREEKSIDE UNIT 2B FINAL PLAT, 41.591 ACRES, 142 RESIDENTIAL LOTS, 5 OPEN SPACE LOTS, 0.53 ACRES OF PUBLIC RIGHT-OF-WAY, AND 7.70 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 49167) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE. Ms. Pacini presented the final plat. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER HILER, TO CONDITIONALLY APPROVAL THE RANCHES AT CREEKSIDE UNIT 2B FINAL PLAT, 41.591 ACRES, 142 RESIDENTIAL LOTS, 5 OPEN SPACE LOTS, 0.53 ACRES OF PUBLIC RIGHT-OF-WAY, AND 7.70 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 49167) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER COHOON City of Boerne Page 6 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 ABSTAINED: COMMISSIONER ANZOLLITTO NAY: 1- COMMISSIONER BIRD CONDITIONALLY APPROVED: 5-1 4.D. 2022-676 CONSIDER CONDITIONAL APPROVAL FOR RANCHES AT CREEKSIDE UNIT 3B FINAL PLAT, 13.096 ACRES, 44 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS, AND 2.34 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 49167) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE. Ms. Pacini presented the final plat. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER FRIAR, TO CONDITIONALLY APPROVAL THE RANCHES AT CREEKSIDE UNIT 3B FINAL PLAT, 13.096 ACRES, 44 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS, AND 2.34 ACRES OF PRIVATE RIGHT-OF-WAY (KAD NO. 49167) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER COHOON ABSTAINED: COMMISSIONER ANZOLLITTO NAY: 1- COMMISSIONER BIRD CONDITIONALLY APPROVED: 5-1 4.E. 2022-677 CONSIDER CONDITIONAL APPROVAL FOR CORLEY FARMS UNIT 2 FINAL PLAT, 56.87 ACRES, 225 RESIDENTIAL LOTS, 7 OPEN SPACE LOTS, AND 12.52 ACRES OF RIGHT-OF-WAY (KAD NO. 12154 & 12184) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE AND BASED ON COMMENTS City of Boerne Page 7 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 STATED IN STAFF’S REVIEW MEMO. 4.F. 2022-679 CONSIDER DISAPPROVAL FOR AMERICAN EAGLE RV STORAGE II, LLC, MAJOR DEVELOPMENT PLAT, 10.45 ACRES, 1 NON-RESIDENTIAL LOT (KAD NO. 14373) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Rebecca Pacini presented the major development plat. Mr. John Hillcoat (property owner) and Mr. Curt Campbell (engineer for this project), expressed dissatisfaction with the platting process, having been the first major development plat to go through, start to finish, under the new Unified Development Code. They explained their full intent to address comments and requested conditional approval instead of disapproval. Commissioner Friar expressed concerns with rules being difficult/challenging for developers to follow. Ms. Haning explained that master development plats have to show all/actual on-the-ground improvements, whereas subdivision plats only show easements, set backs, etc. which can be part of the confusion. Ms. Pacini explained that staff already has a meeting planned to go over the comments with the property owner and engineer to make sure everything is properly addressed so that staff may recommended approval. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER FRIAR, TO APPROVE THE DISAPPROVAL FOR AMERICAN EAGLE RV STORAGE II, LLC, MAJOR DEVELOPMENT PLAT, 10.45 ACRES, 1 NON-RESIDENTIAL LOT (KAD NO. 14373) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER CATES. COMMISSIONER City of Boerne Page 8 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 COHOON, COMMISSIONER ANZOLLITTO NAY: 0 APPROVED: 7-0 5. REGULAR AGENDA: 5.A. 2022-680 TO CONSIDER THE PROPOSED CHANGE IN ZONING FROM R1-M, MEDIUM DENSITY RESIDENTIAL DISTRICT AND RE, ESTATE RESIDENTIAL DISTRICT, TO R2-N NEIGHBORHOOD RESIDENTIAL DISTRICT, AND R1-M, MEDIUM DENSITY RESIDENTIAL DISTRICT, ON 68.80 ACRES AND 8.61 ACRES, RESPECTIVELY, LOCATED AT 125 E STATE HIGHWAY 46 (RIVER ROAD) ( PART OF A10005 - SURVEY 188 G W ADAMS, 193.85 ACRES, KAD49167, RANCHES AT CREEKSIDE SUBDIVISION). (GREEN LAND VENTURES, LTD/ QUIDDITY ENGINEERING). I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Sara Serra-Bennett, City Planner II, presented the proposed zoning. Jeff Hutzler, applicant for the proposed rezoning, spoke regarding only rezoning the southern portion of the property. Chairman Bannwolf opened the public hearing at 7:47 p.m. Lance Kyle, resident at 226 Cascade Caverns Road, spoke regarding environmental concerns with this development and it impacting the Cibolo Creek. Robert Imler spoke in opposition of growth in Boerne. Michael Yost spoke in opposition of high density development and the City of Boerne Page 9 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 proposed zoning. Greg Yost spoke in opposition of the proposed zoning. Wanda McCarthy, resident at 115 Ammann Road, spoke in opposition of the proposed zoning. Donna Taylor, representative of Cibolo Creek Conservation, spoke in opposition of the proposed zoning and expressed environmental concerns. Allan Taha, resident at 136 Woodland Ranch Road, spoke in opposition of the proposed zoning. Vialissa Gerhard, resident at 103 Ammann Road, spoke in opposition of the proposed zoning. Thomas Teune, resident at 154 Cibolo Ridge Trail, expressed concerns with water supply and spoke in opposition of growth in Boerne. Francesca Karpel spoke in opposition of the proposed zoning. Mr. Ben Eldredge, Kendall County resident, spoke regarding environmental concerns and low impact development. Chairman Bannwolf closed the public hearing at 8:17 p.m. Chairman Bannwolf called on Mr. Hutzler. Mr. Hutzler explained that this request for rezoning has no bearing on the Copper Creek road alignment that residents have expressed concerns with. He explained that they have complied with city and state regulations throughout each phase of development and are currently grandfathered under older regulations prior to the adoption of the Unified Development Code. He addressed concerns of impervious cover (likely will be a wash, not an increase), lower impact development City of Boerne Page 10 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 requirements (willing to explore options, but remain in compliance with city rules based on approved and reapproved Master Plan), Cibolo Creek (no lots are planned within the protected area), and he expressed his willingness to have open discussion with residents. Commission discussion ensued regarding what density is allowed in the current zoning versus proposed zoning and overall concerns brought up by residents. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER COHOON, TO DENY THE PROPOSED CHANGE IN ZONING FROM R1-M, MEDIUM DENSITY RESIDENTIAL DISTRICT AND RE, ESTATE RESIDENTIAL DISTRICT, TO R2-N NEIGHBORHOOD RESIDENTIAL DISTRICT, AND R1-M, MEDIUM DENSITY RESIDENTIAL DISTRICT, ON 68.80 ACRES AND 8.61 ACRES, RESPECTIVELY, LOCATED AT 125 E STATE HIGHWAY 46 (RIVER ROAD) ( PART OF A10005 - SURVEY 188 G W ADAMS, 193.85 ACRES, KAD49167, RANCHES AT CREEKSIDE SUBDIVISION). (GREEN LAND VENTURES, LTD/ QUIDDITY ENGINEERING). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN TIM BANNWOLF, COMMISSIONER PATRICK COHOON, COMMISSIONER SUSAN FRIAR, COMMISSIONER BILL BIRD, COMMISSIONER LUCAS HILER, COMMISSIONER BOB CATES ABSTAINED: COMMISSIONER JOE ANZOLLITTO NAY: 0 DENIED: 6-0 Commissioner Anzollitto returned to the dais at 8:37 p.m. 5.B. 2022-681 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 City of Boerne Page 11 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 (TRINIDAD ADDITION LOT 3, 0.191 ACRE, KAD 33727) (BEN ANCA). A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER CATES, TO 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). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER CATES. COMMISSIONER COHOON, COMMISSIONER ANZOLLITTO NAY: 0 APPROVED: 7-0 5.C. 2022-682 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). I. STAFF PRESENTATION II. MAKE RECOMMENDATION Ms. Sara Serra-Bennett, City Planner II, presented the proposed zoning. Commissioner Friar questioned how this area would be impacted if future multi-family development (duplex zoning) is sought for vacant lots nearby; as in, how are calculations determined? Mr. Jeff Carroll, Development Services Director, explained separation distance requirements and how they are computed; rules change over City of Boerne Page 12 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 time but the City has separation distance requirements on driveways, maximum width of pavement, and maximum amount of driveways allowed for multi-family development. Ms. Laura Haning clarified that this request is for zoning, not site plan shown. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER COHOON, TO APPROVE 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). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN TIM BANNWOLF, COMMISSIONER PATRICK COHOON, COMMISSIONER SUSAN FRIAR, COMMISSIONER BILL BIRD, COMMISSIONER LUCAS HILER, COMMISSIONER BOB CATES, COMMISSIONER JOE ANZOLLITTO NAY: 0 DENIED: 7-0 5.D. 2022-683 UNTABLE 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. No action. 5.E. 2022-684 CONSIDER AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS, BY AMENDING CHAPTER City of Boerne Page 13 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 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. MAKE RECOMMENDATION No action. 5.F. 2022-685 UNTABLE 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 APPLICANT HAS REQUESTED A POSTPONEMENT. Applicant requested postponement. No action. 5.G. 2022-686 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). THE APPLICANT HAS REQUESTED A POSTPONEMENT. I. STAFF PRESENTATION II. MAKE RECOMMENDATION Applicant requested postponement. No action. 5.H. 2022-687 UNTABLE THE PROPOSED CHANGE IN ZONING FROM RE-HC, ESTATE RESIDENTIAL HERITAGE CORRIDOR OVERLAY DISTRICT, TO R4-U-HC, URBAN MULTI-FAMILY RESIDENTIAL HERITAGE CORRIDOR OVERLAY DISTRICT, ON 16.6 ACRES, LOCATED AT 116 OLD SAN ANTONIO ROAD, (A10346 - SURVEY 184 J M MCCULLOUGH, KAD 14784, AND 14785). (COMMUNITY FIRST DEVELOPMENT OPERATIONS, LLC/ ROB KILLEN AND DELANEY HONAKER). THE APPLICANT HAS REQUESTED A POSTPONEMENT. Applicant requested postponement. No action. City of Boerne Page 14 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 5.I. 2022-688 TO CONSIDER THE PROPOSED CHANGE IN ZONING FROM RE-HC, ESTATE RESIDENTIAL HERITAGE CORRIDOR OVERLAY DISTRICT, TO R4-U-HC, URBAN MULTI-FAMILY RESIDENTIAL HERITAGE CORRIDOR OVERLAY DISTRICT, ON 16.6 ACRES, LOCATED AT 116 OLD SAN ANTONIO ROAD, (A10346 - SURVEY 184 J M MCCULLOUGH, KAD 14784, AND 14785). (COMMUNITY FIRST DEVELOPMENT OPERATIONS, LLC/ ROB KILLEN AND DELANEY HONAKER). THE APPLICANT HAS REQUESTED A POSTPONEMENT. I. STAFF PRESENTATION II. MAKE RECOMMENDATION Applicant requested postponement. No action. 5.J. 2022-689 UNTABLE THE PROPOSED SPECIAL USE PERMIT (SUP) FOR MULTI-FAMILY DEVELOPMENT WITH MORE THAN 18 UNITS PER ACRE IN A R4-U, ON 16.6 ACRES, LOCATED AT 116 OLD SAN ANTONIO ROAD, (A10346 - SURVEY 184 J M MCCULLOUGH, KAD 14784, AND 14785). (COMMUNITY FIRST DEVELOPMENT OPERATIONS, LLC/ ROB KILLEN AND DELANEY HONAKER). THE APPLICANT HAS REQUESTED A POSTPONEMENT. Applicant requested postponement. No action. 5.K. 2022-690 TO CONSIDER THE PROPOSED SPECIAL USE PERMIT (SUP) FOR MULTI-FAMILY DEVELOPMENT WITH MORE THAN 18 UNITS PER ACRE IN A R4-U, ON 16.6 ACRES, LOCATED AT 116 OLD SAN ANTONIO ROAD, (A10346 - SURVEY 184 J M MCCULLOUGH, KAD 14784, AND 14785). (COMMUNITY FIRST DEVELOPMENT OPERATIONS, LLC/ ROB KILLEN AND DELANEY HONAKER). THE APPLICANT HAS REQUESTED A POSTPONEMENT. I. STAFF PRESENTATION II. MAKE RECOMMENDATION Applicant requested postponement. No action. 6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place Ms. Haning recognized Ms. Rebecca Pacini, City Planner III, for a City of Boerne Page 15 Printed on 10/6/2022 Planning and Zoning Commission Official Meeting Minutes August 29, 2022 Director's award she received at a recent City of Boerne Employee Luncheon and Award Ceremony. 7. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 8:50 p.m. _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on 26th day of August, 2022 at 5:00 p.m. _______________________________ Secretary City of Boerne Page 16 Printed on 10/6/2022