Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, November 7, 2022 – 6:00 p.m. MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER 7,2022 6:00 P.M. PRESENT 6- CHAIRMAN TIM BANNWOLF, VICE CHAIR PATRICK COHOON, COMMISSIONER JOE ANZOLLITTO, COMMISSIONER SUSAN FRIAR, COMMISSIONER LUCAS HILER, COMMISSIONER BILL BIRD ABSENT 1 - COMMISSIONER BOB CATES STAFF PRESENT: MICK MCKAMIE, KRISTY STARK, NICK MONTAGNO, LAURA HANING, HEATHER WOOD, RYAN LEWIS, REBECCA PACINI, CHERYL ROGERS, RYAN BASS, MARTHA BERNAL RECOGNIZED/REGISTERED GUESTS: CHRISTINA RYRHOLM, CHERYL PERZ, TOM TRENTLAGE, MEARL WISEHART, CORI MEREDITH, TRAVIS ROBERSON, JOSH VALENTA 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. 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 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 2. CONFLICTS OF INTEREST Commissioner Cohoon declared a conflict with item 5.A. Commissioner Anzollitto declared a conflict with item 4.E. 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 6:04 p.m. Travis Roberson, resident at 313 Frey Street, spoke regarding the recent opening of Bakery Lorraine. Chairman Bannwolf closed Public Comments at 6:07 p.m. 4. CONSENT AGENDA The Commission agreed to pull item 4.E. from the consent agenda to be considered separately and by separate votes. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER HILER, TO APPROVE ITEMS 4.A.-4.D. OF THE CONSENT AGENDA. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER ANZOLLITTO NAY: 0 APPROVED: 6-0 4.A. 2022-867 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF OCTOBER 3, 2022. 4.B. 2022-886 CONSIDER CONDITIONAL APPROVAL FOR THE BIRCH AT SPENCER RANCH PHASE 1B FINAL PLAT, 21.62 ACRES, 59 RESIDENTIAL City of Boerne Page 2 Printed on 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 LOTS, 4 OPEN SPACE LOTS, AND 2.96 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.C. 2022-887 CONSIDER CONDITIONAL APPROVAL FOR SANTI SUBDIVISION FINAL PLAT, 3.52 ACRES, 12 RESIDENTIAL LOTS, 1 OPEN SPACE LOT, AND 0.51 ACRES OF RIGHT-OF-WAY (KAD NO. 19999) 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.D. 2022-888 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR Regent Park Unit 1, Phase 5B PRELIMINARY PLAT (KAD NO. 294048). TAKE NECESSARY ACTION. 4.E. 2022-889 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR Ranches at creekside Unit 6 PRELIMINARY PLAT (KAD NO. 49167). TAKE NECESSARY ACTION. Commissioner Anzollitto recused himself from discussion and vote for consent agenda item 4.E.; he left the dais at 6:09 p.m. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER HILER, TO APPROVE A REQUEST FOR A 30-DAY TIME EXTENSION FOR RANCHES AT CREEKSIDE UNIT 6 PRELIMINARY PLAT (KAD NO. 49167). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER COHOON NAY: 0 ABSTAINED: COMMISSIONER ANZOLLITTO APPROVED: 5-0 Commissioner Cohoon recused himself from discussion and vote for City of Boerne Page 3 Printed on 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 agenda item 5.A.; he left the dais at 6:09 p.m. Commissioner Anzollitto returned to the dais at 6:09 p.m. 5. REGULAR AGENDA 5.A. 2022-869 TO CONSIDER THE PROPOSED CHANGE IN ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL DISTRICT), C-3 (COMMUNITY COMMERCIAL DISTRICT) AND HOL (INTERIM HOLDING DISTRICT), TO CIV (CIVIC AND INSTITUTIONAL DISTRICT), ON 15.16 ACRES, LOCATED AT 35 CASCADE CAVERNS ROAD (J AND J ACRES LOT 1A AND 2A, AND MILLER'S SUBDIVISION LOT 7A, KAD 12245, 12244, 12246 AND 24328). (CURREY CREEK BAPTIST CHURCH OF BOERNE). I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Laura Haning, Planning Director, presented the proposed zoning. Chairman Bannwolf opened the public hearing at 6:11 p.m. Mr. Travis Roberson spoke on behalf of the Currey Creek church; this step of requesting a rezoning is part of the Church's long-term planning Chairman Bannwolf closed the public hearing at 6:12 p.m. Commission discussion ensued regarding concerns with allowed uses under the Civic zoning category; the City, Planning and Zoning Commission and City Council plan to clean up some of these allowed uses in amendments to the Unified Development Code. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER HILER, TO MAKE A RECOMMENDATION TO CITY COUNCIL TO APPROVE THE PROPOSED CHANGE IN ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL DISTRICT), C-3 (COMMUNITY COMMERCIAL DISTRICT) AND HOL (INTERIM HOLDING DISTRICT), TO CIV (CIVIC AND INSTITUTIONAL DISTRICT), ON 15.16 ACRES, LOCATED AT 35 City of Boerne Page 4 Printed on 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 CASCADE CAVERNS ROAD (J AND J ACRES LOT 1A AND 2A, AND MILLER'S SUBDIVISION LOT 7A, KAD 12245, 12244, 12246 AND 24328). (CURREY CREEK BAPTIST CHURCH OF BOERNE). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER ANZOLLITTO ABSTAINED: COMMISSIONER COHOON NAY: 0 Commissioner Cohoon returned to the dais at 6:15 p.m. 5.B. 2022-870 TO CONSIDER THE PROPOSED CHANGE IN ZONING FROM R2-M DT (MODERATE-DENSITY RESIDENTIAL, DOWNTOWN COMMUNITY OVERLAY DISTRICT), TO R3-D DT (DUPLEX RESIDENTIAL, DOWNTOWN COMMUNITY OVERLAY DISTRICT), ON 0.19 ACRES, LOCATED AT 335 EBNER ROAD (TRINIDAD ADDITION LOT 5, 0.191 ACRES, KAD 33729) (RONALD MITAR ). I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Laura Haning, Planning Director, presented the proposed zoning. Chairman Bannwolf opened the public hearing at 6:16 p.m. No comments were received. Chairman Bannwolf closed the public hearing at 6:16 p.m. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER FRIAR, TO MAKE A RECOMMENDATION TO CITY COUNCIL TO APPROVE THE PROPOSED CHANGE IN ZONING FROM R2-M DT (MODERATE-DENSITY RESIDENTIAL, DOWNTOWN COMMUNITY OVERLAY City of Boerne Page 5 Printed on 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 DISTRICT), TO R3-D DT (DUPLEX RESIDENTIAL, DOWNTOWN COMMUNITY OVERLAY DISTRICT), ON 0.19 ACRES, LOCATED AT 335 EBNER ROAD (TRINIDAD ADDITION LOT 5, 0.191 ACRES, KAD 33729) (RONALD MITAR). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER ANZOLLITTO NAY: 0 5.C. 2022-871 TO CONSIDER THE SPECIAL USE PERMIT FOR AN ACCESSORY DWELLING IN A R1-M EC (MEDIUM-DENSITY RESIDENTIAL, ENTRANCE CORRIDOR OVERLAY DISTRICT) AT 415 JOHNS ROAD (CIBOLO CROSSING BLK 1 LOT 2, 0.378 ACRES, KAD 20402) (CURTIS AND DEBORAH WHEELER). I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Laura Haning, Planning Director, presented the proposed special use permit. Chairman Bannwolf opened the public hearing at 6:19 p.m. No comments were received. Chairman Bannwolf closed the public hearing at 6:19 p.m. Ms. Haning suggested that the existing impervious cover (parking pad) in the front of the main structure be maintained as designated parking for the accessory dwelling. A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY COMMISSIONER BIRD, TO MAKE A RECOMMENDATION TO CITY COUNCIL TO APPROVE THE PROPOSED SPECIAL USE PERMIT FOR AN ACCESSORY City of Boerne Page 6 Printed on 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 DWELLING IN A R1-M EC (MEDIUM-DENSITY RESIDENTIAL, ENTRANCE CORRIDOR OVERLAY DISTRICT) AT 415 JOHNS ROAD (CIBOLO CROSSING BLK 1 LOT 2, 0.378 ACRES, KAD 20402) (CURTIS AND DEBORAH WHEELER) WITH THE CONDITION THAT THE EXISTING IMPERVIOUS COVER (PARKING PAD) IN THE FRONT OF THE MAIN STRUCTURE BE MAINTAINED AS DESIGNATED PARKING FOR THE ACCESSORY DWELLING. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER ANZOLLITTO NAY: 0 5.D. 2022-872 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. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER ANZOLLITTO, TO 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 MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER ANZOLLITTO NAY: 0 Mr. Tom Trentlage spoke regarding concerns with the total number of units (density) allowed in the bungalow category. He further expressed concerns with parking, esthetics, lights, and noise that may be generated City of Boerne Page 7 Printed on 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 by the proposed development. Mr. Roberson, representative of this proposed development, gave a brief update after meeting with some of the neighbors. Separately, he clarified that he currently has not been hired as the developer, he is only consulting the owner (Mr. Howard Klein), at this time. 5.E. 2022-875 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 A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER FRIAR, 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 FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER ANZOLLITTO NAY: 0 TABLED: 6-0 5.F. 2022-876 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 City of Boerne Page 8 Printed on 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 DEVELOPMENT OPERATIONS, LLC/ ROB KILLEN AND DELANEY HONAKER). THE APPLICANT HAS REQUESTED A POSTPONEMENT. A MOTION WAS MADE BY COMMISSIONER ANZOLLITTO, SECONDED BY COMMISSIONER FRIAR, TO AMEND THE PRIOR MOTION (FROM OCTOBER 3, 2022 PLANNING AND ZONING COMMISSION MEETING) TO TABLE 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); THIS ITEM WILL REMAIN TABLED UNTIL APPLICANT IS READY TO MOVE FORWARD. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER ANZOLLITTO NAY: 0 5.G. 2022-877 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 NO ACTION TAKEN. THIS ITEM WILL REMAIN TABLED UNTIL APPLICANT IS READY TO MOVE FORWARD. 5.H. 2022-878 UNTABLE THE PROPOSED SPECIAL USE PERMIT (SUP) FOR MULTI-FAMILY DEVELOPMENT WITH MORE THAN 18 UNITS PER City of Boerne Page 9 Printed on 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 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. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER HILER, TO AMEND THE PRIOR MOTION (FROM OCTOBER 3, 2022 PLANNING AND ZONING COMMISSION MEETING) TO TABLE 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); THIS ITEM WILL REMAIN TABLED UNTIL APPLICANT IS READY TO MOVE FORWARD. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER BIRD, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER ANZOLLITTO NAY: 0 5.I. 2022-879 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 NO ACTION TAKEN. THIS ITEM WILL REMAIN TABLED UNTIL APPLICANT IS READY TO MOVE FORWARD. 6. DISCUSSION ITEMS City of Boerne Page 10 Printed on 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 6.A. 2022-880 REFRESH ON PLATTING PROCESSES. Ms. Rebecca Pacini, City Planner III., and Ms. Laura Haning, Planning Director, gave a brief overview of the City's platting processes. Commission discussion ensued regarding the possibility of holding an extra Planning and Zoning Commission monthly meeting to review plats. Separately, the Commission asked for clarification regarding setting time limits on public comments during public meetings. Mr. Mick McKamie, Associate City Attorney, clarified that time limits can be set as rules of procedure for public meetings. 6.B. 2022-881 DEVELOPMENT PROCESS UPDATE Mr. Nicholas Montagno, Assistant to the City Manager/Economic Development, gave an overview of a new software system the City has implemented to streamline development processes. Chairman Bannwolf allowed citizen Mr. Travis Roberson to speak on this subject. Mr. Roberson spoke regarding concerns with the City's platting procedures/requirements, floodplain requirements, and length of process time for platting. He further spoke about the new software being discussed, stating it is a tool, not a solution. 7. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place Commissioner Anzolllitto spoke stating he has recently submitted his resignation from the Planning and Zoning Commission and expressed his gratitude to fellow Commissioners. 8. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 7:42 p.m. _______________________________ Chairman City of Boerne Page 11 Printed on 12/7/2022 Planning and Zoning Commission Official Meeting Minutes November 7, 2022 CERTIFICATION I herby certify that the above notice of meeting was posted on the 4th day of November, 2022 at 5:30 p.m. _______________________________ Secretary City of Boerne Page 12 Printed on 12/7/2022