Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, January 9, 2023 – 6:00 p.m. MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF JANUARY 9, 2023 6:00 P.M. PRESENT 6 - CHAIRMAN TIM BANNWOLF, VICE CHAIR PATRICK COHOON, COMMISSIONER SUSAN FRIAR, COMMISSI O N E R LUCAS HILER, COMMISSIONER BILL BIRD, COMMISSIONER BOB CATES, COMMISSIONER TERRY LEMOINE STAFF PRESENT: MICK MCKAMIE, KRISTY STARK, HEATHER WOOD, RYAN LEWIS, SARA SERRA-BENNETT, REBECCA PACINI, JEFF CARROLL, CHERYL ROGERS, RYAN BASS, MARTHA BERNAL RECOGNIZED/REGISTERED GUESTS: BEN ADAM, PAT WISDOM, KATHRYN WISDOM, TONIANNE DASHIELL 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. 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.) Chairman Bannwolf administered the oath of office to newly appointed Planning and Zoning Commissioner, Mrs. Terry Lemoine. 2. CONFLICTS OF INTEREST City of Boerne Page 1 Printed on 2/7/2023 Planning and Zoning Commission Official Meeting Minutes January 9, 2023 None declared. 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 6:06 p.m. No comments were received. Chairman Bannwolf closed public comments at 6:07 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 4.A. 2023-136 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 5, 2022. A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER HILER, TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER BILL BIRD, COMMISSIONER CATES, COMMISSIONER TERRY LEMOINE NAY: 0 4.B. 2023-139 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. City of Boerne Page 2 Printed on 2/7/2023 Planning and Zoning Commission Official Meeting Minutes January 9, 2023 4.C. 2023-140 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR ESPERANZA PHASE 3A FINAL PLAT (KAD NO. 14990, 15028, AND 45852). TAKE NECESSARY ACTION. 4.D. 2023-141 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR REGENT PARK UNIT 1, PHASE 5B PRELIMINARY PLAT (KAD NO. 294048). TAKE NECESSARY ACTION. 5. REGULAR AGENDA: 5.A. 2023-142 CONSIDER A REQUEST FOR A VARIANCE TO THE UNIFIED DEVELOPMENT CODE, CHAPTER 8, SECTION 8.2(A). WATERSHED PROTECTION ZONES, FOR 514 IRONS STREET (KAD NO. 63969). TAKE NECESSARY ACTION. Mr. Jeff Carroll, City's Engineering and Mobility Director, and Ms. Cheryl Rogers, City Engineer, presented the proposed variance. Mr. Ben Adam, resident at 115 James Street, signed up to speak on this item; he spoke regarding the history of this property, and expressed concerns with this property and others in the area being impacted by drainageway protection zone restrictions/requirements. Mr. Pat Wisdom, property owner, spoke stating they did not have knowledge of the drainageway protection zone when they purchased the property in March of 2022. Commission discussion included possible improvements in the riparian area to help treat water runoff from site, how property owners are made aware of drainageway protection zones that may impact their ability to develop land, and the City's Low Impact Development (LID) feature requirements that address some of the concerns of treating water runoff. Mr. Mick McKamie, Associate City Attorney, explained that it is possible that a title company may not have all of the information about restrictions of a property to provide the real estate communuty; duty falls under the property owner to investigate. City of Boerne Page 3 Printed on 2/7/2023 Planning and Zoning Commission Official Meeting Minutes January 9, 2023 A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER COHOON, TO APPROVE A VARIANCE TO THE UNIFIED DEVELOPMENT CODE, CHAPTER 8, SECTION 8.2(A) WATERSHED PROTECTION ZONES, FOR 514 IRONS STREET (KAD NO. 63969) WITH A CONDITION TO MAKE IMPROVEMENTS TO THE RIPARIAN AREA. THERE WAS NO VOTE ON ORIGINAL MOTION. A NEW MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER CATES, TO AMEND THE ORIGINAL MOTION. THIS MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER BILL BIRD, COMMISSIONER CATES, COMMISSIONER TERRY LEMOINE NAY: 0 THE ORIGINAL MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER COHOON, AND WAS AMENDED TO APPROVE A VARIANCE TO THE UNIFIED DEVELOPMENT CODE, CHAPTER 8, SECTION 8.2(A) WATERSHED PROTECTION ZONES, FOR 514 IRONS STREET (KAD NO. 63969) WITH STAFF RECOMMENDATION AS FOLLOWS: APPROVE WITH THE EXCEPTION THAT THE 20 FOOT BUFFER OUTSIDE OF THE SAN ANTONIO RIVER AUTHORITY (SARA) STUDIED FLOODPLAIN BE LEFT UNDEVELOPED. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER COHOON, COMMISSIONER BILL BIRD, COMMISSIONER CATES, COMMISSIONER TERRY LEMOINE City of Boerne Page 4 Printed on 2/7/2023 Planning and Zoning Commission Official Meeting Minutes January 9, 2023 NAY: 0 6. DISCUSSION ITEMS: 6.A. 2023-143 PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) ADOPTED NOVEMBER 24, 2020, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO CHAPTER 1, GENERAL PROVISIONS, CHAPTER 2, PROCEDURES, CHAPTER 3, ZONING, CHAPTER 4, RESIDENTIAL SITES, CHAPTER 5, NONRESIDENTIAL SITES, CHAPTER 6, SUBDIVISION DESIGN, CHAPTER 7, INFRASTRUCTURE DESIGN, CHAPTER 8, ENVIRONMENTAL DESIGN, CHAPTER 9, SIGNAGE, AND APPENDICES. Mr. Nathan Crane, Assistant Planning Director, presented some proposed highlights of amendments to the Unified Development Code (hereinafter, UDC) that will be presented for consideration on the next Planning and Zoning Commission meeting. Commission discussion ensued regarding changes to the table of uses, and why short-term rentals (hereinafter, STRs) are proposed to be removed from the UDC. Ms. Sara Serra-Bennett, City Planner II, spoke regarding changes to the table of uses and clarified why STRs are proposed to be removed from the UDC; under the UDC STRs were classified as a zoning item but are better suited under the City's permitting practices (this change allows the permit to be attached to a property owner, not the land). Ms. Kristy Stark, Assistant City Manager, clarified that the types of changes that are being proposed are overall typographical in nature and changes that would be of interest to the Commission will be provided later this week for review. 6.B. 2023-144 SHORT-TERM RENTALS Ms. Sara Serra- Bennett presented the short-term rental discussion item. Commission Lucas Hiler and Commissioner Susan Friar gave an update from the Planning and Zoning Commission subcommittee meetings they were involved in regarding short-term rental ordinances; they request City of Boerne Page 5 Printed on 2/7/2023 Planning and Zoning Commission Official Meeting Minutes January 9, 2023 one more in-person meeting with the subcommittee before moving this proposed ordinance on to City Council. Commission discussion included separation distances, laws regarding home owner's association(s), City's notification process/requirements, functionality of proposed permitting procedures/requirements. Chairman Bannwolf called on local property owner and known operator of a short-term rental, Ms. ToniAnne Dashill to speak on this discussion item. 6.C. 2023-145 UPDATE ON THE CITY’S TREE RESTORATION FUND. Mr. Ryan Bass, City Environmental Planner/Urban Forester, presented information to the Commission on tree preservation/maintenance, efforts to slow oak wilt, and options for use of funds allocated in the City's Tree Restoration Fund. 7. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place No comments. 8. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 8:12 p.m. _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 6th day of January, 2023 at 4:30 p.m. _______________________________ Secretary City of Boerne Page 6 Printed on 2/7/2023