Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, December 5, 2022 – 6:00 p.m. MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 5, 2022 AT 6:00 P.M. PRESENT 5 - CHAIRMAN TIM BANNWOLF, VICE CHAIR PATRICK COHOON, COMMISSIONER SUSAN FRIAR, COMMISSI O N E R LUCAS HILER, COMMISSIONER BOB CATES ABSENT 1 - COMMISSIONER BILL BIRD STAFF PRESENT: MICK MCKAMIE, KRISTY STARK, LAURA HANING, NATHAN CRANE, HEATHER WOOD, RYAN LEWIS, REBECCA PACINI, JEFF CARROLL, CHERYL ROGERS, ARIEL MORIN, SARA SERRA-BENNETT, MARTHA BERNAL RECOGNI Z E D / R E G I S T E R E D GUESTS: JOE ANZOLLITTO, CHRISTINA RYRHOLM, HOWARD KLEIN JR., TOM TRENTLAGE, BRENT HAND, JOHN WOLTERS, CALEB GASTEN, TIM HANDREN, MICHAEL BOWIE, MIKE MALLEY, CARRIE COMBS, CHET HAWKINS, BRIAN COMBS 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 6:01 p.m. City of Boerne Page 1 Printed on 1/10/2023 Planning and Zoning Commission Official Meeting Minutes December 5, 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. ACKNOWLEDGEMENT OF RECENTLY RESIGNED PLANNING AND ZONING COMMISSIONER JOE ANZOLLITTO. Mayor Tim Handren recognized Mr. Joe Anzollitto for his service on the Planning and Zoning Commission. Mr. Laura Haning, City Planning Director, introduced new City staff member, Mr. Nathan Crane (Assistant Planning Director). 3. CONFLICTS OF INTEREST None declared. 4. 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) John Wolters signed up for public comments and was called to speak; he spoke regarding short-term rental ordinances (separation distances, permit requirements, noise) being considered by the City. Carrie Combs, resident at 165 Lake Front Drive, signed up for public comments and was called to speak; she spoke in opposition of short-term rental restrictions specific to separation distances. Chad Hawkins signed up for public comments and was called to speak; he spoke regarding short-term rental ordinances. Mike Bowie signed up for public comments and was called to speak; he asked to grant his three minute time to Mike Malley. Mike Malley, resident at 123 Village Park Drive, signed up for public comments and was called to speak; he spoke regarding ongoing concerns with the Shoreline Park development and stated they have recently been City of Boerne Page 2 Printed on 1/10/2023 Planning and Zoning Commission Official Meeting Minutes December 5, 2022 in violation of water code regulations. Brian Combs, resident at 165 Lake Front Drive, signed up for public comments and was called to speak; he questioned the need for short-term rental ordinances being discussed and agreed with Mr. Mike Malley's statements regarding the Shoreline Park subdivision. 5. 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 FRIAR, TO REMOVE ITEMS 5.C. AND 5.D. FROM THE CONSENT AGENDA TO BE CONSIDERED AND VOTED ON SEPARATELY. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER CATES NAY: 0 A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER HILER, TO APPROVE ITEMS 5.A., 5.B., 5.E., AND 5.F. OF THE CONSENT AGENDA. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER CATES NAY: 0 5.A. 2022-908 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER 7, 2022. 5.B. 2022-909 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR REGENT PARK UNIT 1, PHASE 5B PRELIMINARY PLAT (KAD NO. City of Boerne Page 3 Printed on 1/10/2023 Planning and Zoning Commission Official Meeting Minutes December 5, 2022 294048). TAKE NECESSARY ACTION. 5.C. 2022-912 CONSIDER APPROVAL OF THE PRELIMINARY REPLAT FOR RANCHES AT CREEKSIDE UNIT 6 PRELIMINARY PLAT, 31.812 ACRES, 87 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS AND 10.77 ACRES OF RIGHT-OF-WAY (KAD NO. 49167) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Rebecca Pacini, City Planner III, presented the proposed plat. Mr. Joe Anzollitto was called to speak on this item; he spoke regarding concerns with elevations on the plat. Ms. Pacini clarified questions regarding elevations shown on the plat, and clarified that this would be a conditional approval based on comments in staff's review memo. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER CATES, TO CONDITIONALLY APPROVE THE PRELIMINARY REPLAT FOR RANCHES AT CREEKSIDE UNIT 6 PRELIMINARY PLAT, 31.812 ACRES, 87 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS AND 10.77 ACRES OF RIGHT-OF-WAY (KAD NO. 49167) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER CATES NAY: 0 5.D. 2022-913 CONSIDER APPROVAL OF THE PRELIMINARY REPLAT FOR MENGER PLACE LOT 4A CREATING LOTS 4A-1 THRU 4A-10, 19.879 ACRES, 10 NON-RESIDENTIAL LOTS AND 0.022 ACRES OF RIGHT-OF-WAY (KAD NO. 42559) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO Ms. Rebecca Pacini, City Planner III, presented the proposed. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY City of Boerne Page 4 Printed on 1/10/2023 Planning and Zoning Commission Official Meeting Minutes December 5, 2022 COMMISSIONER FRIAR, TO APPROVE THE PRELIMINARY REPLAT FOR MENGER PLACE LOT 4A CREATING LOTS 4A-1 THRU 4A-10, 19.879 ACRES, 10 NON-RESIDENTIAL LOTS AND 0.022 ACRES OF RIGHT-OF-WAY (KAD NO. 42559) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER CATES NAY: 0 5.E. 2022-914 CONSIDER CONDITIONAL APPROVAL FOR THE BIRCH AT SPENCER RANCH PHASE 1B FINAL PLAT, 21.63 ACRES, 59 RESIDENTIAL 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. 5.F. 2022-915 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. 6. REGULAR AGENDA: 6.A. 2022-916 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). A MOTION WAS MADE BY COMMISSIONER FRIAR, SECONDED BY COMMISSIONER COHOON, 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 City of Boerne Page 5 Printed on 1/10/2023 Planning and Zoning Commission Official Meeting Minutes December 5, 2022 KLEIN JR). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER CATES NAY: 0 6.B. 2022-918 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. MAKE RECOMMENDATION Ms. Sara Serra-Bennett, City Planner II, presented the proposed special use permit. Property owner Mr. Howard Klein Jr., resident at 158 Cibolo Trail, spoke regarding meeting with the neighbors and his willingness to address their concerns specific to noise, light, and two story units not being built. Mr. Brent Hand, resident at 109 Hidden Haven Drive, signed up for public comments and was called to speak regarding this item. Mr. Tom Trentlage, resident at 118 Hidden Haven Drive, signed up for public comments and was called to speak regarding this item; he spoke in opposition of the project. Commission discussion included concerns with parking, enforcement action of intended project, density, and questions regarding if regulations would allow widening the entry to property (existing driveway entrance). Ms. Cheryl Rogers, City Engineer, clarified that this project would default to City code for a maximum of 18 feet width for ingress/egress, and City of Boerne Page 6 Printed on 1/10/2023 Planning and Zoning Commission Official Meeting Minutes December 5, 2022 TxDot has authority to agree or disagree on widening. Mr. Klein reiterated his willingness to address concerns brought up by the Commission and neighbors. A MOTION WAS MADE BY COMMISSIONER HILER, 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) UNTIL THE APPLICANT IS READY TO COME BACK WITH A SPECIFIC SITE PLAN TO ADDRESS NEIGHBORS AND COMMISSION CONCERNS. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER CATES NAY: 0 6.C. 2022-919 CONSIDER A REQUEST FOR A VARIANCE TO THE UNIFIED DEVELOPMENT CODE, CHAPTER 8, SECTION 8.1.D.2. SPECIFIC STANDARDS FOR A & AE ZONES, FOR IRON’S AND GRAHAM’S ADDITION LOT 49B LOCATED AT 406 IRONS STREET (KAD NO. 624581). TAKE NECESSARY ACTION. Ms. Cheryl Rogers, City Engineer, presented the proposed variance. Mr. Caleb Gaston, property owner and resident at 20 Tapatio Drive, was called to speak regarding the request; he explained the reasons for this variance request and his plan to move a house onto the property. Commission discussion included concerns of setting precedence for other requests that may come forward and potentially creating a pattern of variance approvals. Further discussion presented questions regarding variances, vested rights and what options may be available to the applicant. City of Boerne Page 7 Printed on 1/10/2023 Planning and Zoning Commission Official Meeting Minutes December 5, 2022 Mr. Mick McKamie, Associate City Attorney, clarified differences in variances and vested rights. Further discussion ensued regarding floodplain rules, and when vesting and/or variances may be necessary. Mr. Jeff Carroll, Engineering and Mobility Director, explained that if a property was built before the floodplain existed, and has substantial damage, it can rebuilt with same footprint within the now existing floodplain. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER FRIAR, TO APPROVE A REQUEST FOR A VARIANCE TO THE UNIFIED DEVELOPMENT CODE, CHAPTER 8, SECTION 8.1.D.2. SPECIFIC STANDARDS FOR A & AE ZONES, FOR IRON’S AND GRAHAM’S ADDITION LOT 49B LOCATED AT 406 IRONS STREET (KAD NO. 624581). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 3- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER COHOON, NAY: 2- COMMISSIONER CATES, COMMISSIONER HILER Approved: 3-2 7. DISCUSSION ITEMS: 7.A. 2022-920 SHORT-TERM RENTALS Ms. Laura Haning gave an update on short-term rental ordinances that will be going before City Council for adoption. Commissioner Lucas Hiler and Commissioner Susan Fryer gave a brief update from the Planning and Zoning Commission subcommittee meetings they were involved in regarding short-term rental ordinances. 7.B. 2022-921 2023 CITY HOLIDAY CONFLICTS City of Boerne Page 8 Printed on 1/10/2023 Planning and Zoning Commission Official Meeting Minutes December 5, 2022 2023 City Holiday conflicts were discussed and new dates agreed upon. 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 8:38 p.m. _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on 2nd day of December, 2022 at 5:30 p.m. _______________________________ Secretary City of Boerne Page 9 Printed on 1/10/2023