Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, October 3, 2022 – 6:00 p.m. PRESENT 5- COMMISSIONER JOE ANZOLLITTO, COMMISSIONER SUSAN FRIAR, COMMISSIONER LUCAS HILER, COMMISSIONER BOB CATES, COMMISSIONER BILL BIRD ABSENT 2 - CHAIRMAN TIM BANNWOLF, VICE CHAIR PATRICK COHOON STAFF PRESENT: LARRY COLLISTER, KRISTY STARK, LAURA HANING, HEATHER WOOD, MIKE RAUTE, REBECCA PACINI, JEFF CARROLL, CHERYL ROGERS, RYAN BASS, ARIEL MORIN, SARA SERRA-BENNETT, MARTHA BERNAL RECOGNIZED/REGISTERED GUESTS: CHRISTINA RYRHOLM, ROBERT IMLER, BECKY STOKES, JIM STOKES, JOHN OSBORNE, PAUL SWILLEY, JOHN HILLCOAT, JOE RIBOTTO, SCOTT BILLINGSLEY, JACK BAKER, JACQUELYN BAKER, TERESA VASQUEZ-ROMERO, HAL GAHM, RAYMOND SULLIVAN, DANNY LUCKE, FRANCISCO PAVON, SALLY COOPER, JOSHUA OBENCHAIN, MAX ZINSMEISTER, MIKE SULLIVAN, GLORIA SULLIVAN, MICHAEL OWEN, SUSIE MITCHELL, CHRISTINE LOPEZ, TERESA VASQUEZ-ROMERO, DONNA FONTAUESE, CARMEN BURNS, MAURICIO ROMERO, ROBERTA PERKINS, ROBERT PERKINS, SR. BERNADINE REYES, PAT GESSLEY, MICHAEL BROWN, SALLY GABRERA 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 Commissioner Bob Cates (Planning and Zoning Commission Secretary) City of Boerne Page 1 Printed on 11/15/2022 Planning and Zoning Commission Official Meeting Minutes October 3, 2022 assumed position of Chair and 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 Commissioner Anzollitto asked legal counsel for clarification regarding an item that is not on the agenda but that citizens may be speaking on in the Public Comments section that he would otherwise have a conflict with. Mr. Larry Collister, Associate City Attorney, clarified that there is no discussion and no interaction with the Commission during Public Comments so there is no requirement to recuse himself from the dais. 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) Joe Robotto, resident at 131 Cinnamon Creek in the Ranches of Creekside subdivision, spoke regarding concerns with future commercial development at the front of the neighborhood, traffic, safety, additional entries through copper creek, drainage, and expressed a desire for open communication with residents and the developer. John Osborne, resident at 106 Turtle Creek in the Ranches of Creekside subdivision, stated that residents wish to be proactive and he expressed concerns with drainage, traffic, safety, and the front acreage of the property being developed for commercial use. Becky Stokes, resident at 132 Cimarron Creek, spoke in opposition of commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. Jack Baker, resident at 106 Cinnamon Creek, spoke in opposition of City of Boerne Page 2 Printed on 11/15/2022 Planning and Zoning Commission Official Meeting Minutes October 3, 2022 commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. Jacqueline Baker, resident at 136 Capano Creek, spoke in opposition of commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. Teresa Vasquez-Ramiro, resident at 118 Cinnamon Creek, spoke in opposition of commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. Paul Swilley, resident at 132 Cinnamon Creek, spoke in opposition of commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. Hal Gahm, resident at 101 Coleto Creek, spoke in opposition of commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. Raymond Sullivan, resident at 190 Cimarron Creek, spoke in opposition of commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. Danny Lueke, resident at 104 Coldwater Creek, spoke in opposition of commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. Francisco Pavon, resident at 109 Coleto Creek, spoke in opposition of commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. Sally Cabrera, resident at 112 Cinnamon Creek, spoke in opposition of commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. City of Boerne Page 3 Printed on 11/15/2022 Planning and Zoning Commission Official Meeting Minutes October 3, 2022 Joshua Obenchain, resident at 122 Coldwater Creek, spoke in opposition of commercial development at the front of the Ranches at Creekside subdivision and shared some of the same concerns as other neighbors. Max Zinmeister, 24 Fritz Grosser Road (Kendall Country resident), spoke encouraging residents to educate themselves on Kendall County proposition A (to protect open space). Commissioner Cates closed public comments at 6:38 p.m. 4. CONSENT AGENDA A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER ANZOLLITTO, TO MOVE ITEM 4.B. FROM THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY, AND BY SEPARATE VOTE, UNDER THE REGULAR AGENDA. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER ANZOLLITTO NAY: 0 APPROVED: 5-0 4.A. 2022-765 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF AUGUST 29, 2022. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER BIRD, TO APPROVE THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF AUGUST 29, 2022. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER ANZOLLITTO NAY: 0 City of Boerne Page 4 Printed on 11/15/2022 Planning and Zoning Commission Official Meeting Minutes October 3, 2022 APPROVED: 5-0 4.B. 2022-766 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, City Planner III., presented the major development plat. Applicant, Mr. John Hillcoat, spoke regarding concerns with the platting process, timelines and comments from staff. Commission discussion ensued regarding approving with conditions, and concerns with the process (submittal dates, review of plat, state law requirements). Ms. Pacini described the various deficiencies from last month and the 11 remaining deficiencies from this month that are outstanding. Ms. Laura Haning, Director of Planning and Community Development, clarified some of the comments that have gone back and forth regarding the discrepancies, and explained some of the City's platting process that is defined by state law. A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY COMMISSIONER BIRD, TO APPROVE THE AMERICAN EAGLE RV STORAGE II, LLC, MAJOR DEVELOPMENT PLAT, 10.45 ACRES, 1 NON-RESIDENTIAL LOT (KAD NO. 14373) WITH THE CONDITION THAT THE FOLLOWING 11 COMMENTS BE MET: · Addressing plan, UDC 2.6.A.11.a.vii. · Total acreage of ROW being platted, UDC 2.6.A.11.b.i.e · Adjacent recording information for Johns Rd, UDC 2.6.A.11.b.ii.g. · Sufficient data to determine readily and reproduce accurately on the ground, the location, bearing, and length of every building line and easement, UDC 2.6.A.11.b.ii.k. · Adjacent existing streets indicating dimensions across the ROW and dimension to the centerline, UDC 2.6.A.11.b.iii.a. · Existing easements, UDC 2.6.A.11.b.iii.c. · Applicable notes, UDC 2.6.A.11.b.vi.a. and UDC 2.6.F.4.f. (overlay note) City of Boerne Page 5 Printed on 11/15/2022 Planning and Zoning Commission Official Meeting Minutes October 3, 2022 · Illumination Plan, UDC 2.6.F.4.d.v. · Improvements or proposed modification of the external configuration of the building, structure, or improvement, UDC 2.6.F.4.e.ii.(a) · Development conforms to all standards and requirements of the UDC, UDC 2.6.F.4.f.i. · Driveway spacing does not meet UDC 7.5(A)(2) which requires 570’ spacing · Consistency with the Master Thoroughfare Plan (needs to show dimension for Johns Rd), UDC 2.6.F.4.f.iii. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER ANZOLLITTO NAY: 0 APPROVED WITH CONDITIONS: 5-0 5. REGULAR AGENDA 5.A. 2022-767 TO CONSIDER THE PROPOSED CHANGE IN ZONING FROM R1-M, MEDIUM DENSITY RESIDENTIAL DISTRICT, TO CIV, CIVIC AND INSTITUTIONAL DISTRICT, ON 14.077 ACRES, LOCATED AT 416 WEST HIGHLAND DRIVE (PART OF KERNAGHAN ADDITION LOT PT 14 & PT 15 (& PT OF WEST HIGHLAND DR), PART OF KAD 19992). (St. PETER THE APOSTLE CATHOLIC CHURCH/ RICK MARTINI) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Sara Serra-Bennett, City Planner II., presented the proposed zoning. Ms. Laura Haning explained what portions of the property are owned by the church and what is owned by the Benedictine Sisters of Boerne. Commission discussion ensued regarding impervious cover and road improvement requirements, intended use of pavilion, and concerns with traffic and uses allowed in the proposed zoning. Commissioner Cates opened public hearing at 7:42 p.m. City of Boerne Page 6 Printed on 11/15/2022 Planning and Zoning Commission Official Meeting Minutes October 3, 2022 Mr. Scott Billingsely spoke in opposition of the proposed zoning and expressed concerns with allowed uses in this zoning category. Sister Bernadine Reyes spoke in favor of the requested zoning. Commissioner Cates closed public comments at 7:49 p.m. Commission discussion continued regarding other possibilities for this requested use/zoning category. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER ANZOLLITTO, TO APPROVE THE PROPOSED CHANGE IN ZONING FROM R1-M, MEDIUM DENSITY RESIDENTIAL DISTRICT, TO CIV, CIVIC AND INSTITUTIONAL DISTRICT, ON 14.077 ACRES, LOCATED AT 416 WEST HIGHLAND DRIVE (PART OF KERNAGHAN ADDITION LOT PT 14 & PT 15 (& PT OF WEST HIGHLAND DR), PART OF KAD 19992). (St. PETER THE APOSTLE CATHOLIC CHURCH/ RICK MARTINI). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 4- COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER ANZOLLITTO NAY: 1- COMMISSIONER FRIAR APPROVED: 4-1 5.B. 2022-768 CONSIDER AND MAKE RECOMMENDATION TO CITY COUNCIL REGARDING THE HISTORIC LANDMARK DESIGNATION FOR VETERANS PLAZA LOCATED AT 801 SOUTH MAIN STREET (KAD 23886). Mr. Paul Barwick, Special Projects Director, presented the proposed Historic Landmark Designation. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER BIRD, TO MAKE A RECOMMENDATION TO CITY COUNCIL City of Boerne Page 7 Printed on 11/15/2022 Planning and Zoning Commission Official Meeting Minutes October 3, 2022 TO APPROVE THE HISTORIC LANDMARK DESIGNATION FOR VETERANS PLAZA LOCATED AT 801 SOUTH MAIN STREET (KAD 23886). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER ANZOLLITTO NAY: 0 APPROVED: 5-0 5.C. 2022-769 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. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FRIAR, TO 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. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER ANZOLLITTO NAY: 0 UNTABLE: 5-0 5.D. 2022-770 CONSIDER AN ORDINANCE AMENDING THE CODE OF City of Boerne Page 8 Printed on 11/15/2022 Planning and Zoning Commission Official Meeting Minutes October 3, 2022 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. MAKE RECOMMENDATION A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER HILER, TO TABLE 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. THE MOTION TO TABLE WAS FOR AN UNDETERMINED DATE WHEN STAFF IS READY FOR THE COMMISSION TO MAKE A RECOMMENDATION TO CITY COUNCIL. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER ANZOLLITTO NAY: 0 TABLE: 5-0 5.E. 2022-771 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 was taken. 5.F. 2022-772 TO CONSIDER THE PROPOSED SPECIAL USE PERMIT FOR City of Boerne Page 9 Printed on 11/15/2022 Planning and Zoning Commission Official Meeting Minutes October 3, 2022 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 was taken. 5.G. 2022-773 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 was taken. 5.H. 2022-774 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 was taken. 5.I. 2022-775 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 City of Boerne Page 10 Printed on 11/15/2022 Planning and Zoning Commission Official Meeting Minutes October 3, 2022 OPERATIONS, LLC/ ROB KILLEN AND DELANEY HONAKER). THE APPLICANT HAS REQUESTED A POSTPONEMENT. Applicant requested postponement. No action was taken. 5.J. 2022-776 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 was taken. 6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place No comments were received. 6.A. 2022-777 2023 CITY HOLIDAY CALENDAR 7. ADJOURNMENT Commissioner Cates adjourned the Planning and Zoning Commission at 8:15 p.m. _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 30th day of September, 2022 at 5:00 p.m. _______________________________ Secretary City of Boerne Page 11 Printed on 11/15/2022