Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, February 6, 2023 – 6:00 p.m. MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 6, 2023 6:00 P.M. PRESENT - 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, LAURA HANING, HEATHER WOOD, RYAN LEWIS, SARA SERRA-BENNETT, REBECCA PACINI, JEFF CARROLL, CHERYL ROGERS, RYAN BASS, MARTHA BERNAL RECOGNIZED/REGISTERED GUESTS: DENISE DEVER, WILLIAM DEVER, CHARLES, KELLEN, SCOTTY GERBES, WANDA MCCARTHY, BILL FLINT, MILAN MICHALEC, TRACY MOCK, TOM TEUNE, BECCA JONES, ANN DIETERT, JAN COUCH, GRANT GARY, ANDREA RESENDEZ, ALEX RUDD, LLOYD GRAY, DARCY BRANDON, LISA, SALLICK, BONNIE CLANIN, MICHAEL CORPS, CATHERINE HOLLY, TONY SERVE, STEVE LEA, MARY ANN PFIFFER, CONSUELO MORENO, OLGA MORENO, REYES MORENO, JENNY BINGMAN, DAVID ACOSTA, RICHARD WYSS, TERESA TEUNE, KAREN WALTERS, SARAH NEWELL, PATRICK NEWELL, DENISE HERRERA, ROGER CASTILLO, ROBERT HOLLEY, LEONARD MAY, KATIE MAY, JOSEPH D'AMICO, ELLIE COURPAS, MICHAEL COURPAS, JESSICA TOURON, MAXIE ZINSMEISTER, RICKY PFEIFFER, PAULA PFEIFFER, JACK SHORT, LEE CARRIKER, PAT CARRIKER, MARYANNA PEARSON, POLLY ROGER, TINA FISHER 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 City of Boerne Page 1 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 Chairman Bannwolf 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 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 6:02 p.m. Mr. Milan Michalec, resident at 12 Brandt Road, signed up to speak on item 6.B.; he spoke about concerns with road development in various areas in Boerne (past and proposed). Ann Deitert, resident at 106 Green Meadows Drive, spoke in opposition of items 5.B. and 5.C. Chairman Bannwolf closed Public Comments at 6:08 p.m. 6.A. 2023-176 MOBILITY MASTER PLAN At 6:08 p.m. Chairman Bannwolf asked to move items 6.A. and 6.B. up the agenda to be considered before the Consent Agenda; all Commissioners present agreed. Item 6.A. and 6.B. were presented and discussed together. Mr. Jeff Whitaker, City consultant, presented a brief update on the process and status of the City's Mobility Master Plan. Mr. Jeff Carroll, Director of Mobility and Engineering, briefed the Commission on upcoming City Council dates for the Mobility Master City of Boerne Page 2 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 Plan. Mr. Whitaker presented an update on the process and status of the City's Major Thoroughfare Plan. Mr. Jeff Carroll gave a brief overview of the history and current status of the City's Major Thoroughfare Plan. Mr. Mick McKamie, Associate City Attorney, spoke about general laws as they relate to Texas municipalities comprehensive planning; these include Mobility Master Plan (transportation plan) and Major Thoroughfare Plan; they act as a guide for future planning. Chairman Bannwolf called on Mr. Ben Eldredge to speak regarding the Kendall County, Boerne, & Fair Oaks Transportation Committee (KCBFOTC); he spoke regarding the collectivity of the committee, and solutions they have discussed to address planning for well guided growth and the future transportation network. The following citizens signed up to speak on item(s) 6.A. and 6.B.: Denise Dever, 53 Silent Spring, outside of the ETJ, was called to speak and spoke regarding concerns of a loop around Boerne. Wanda McKarthy, Kendall County resident, was called to speak and spoke regarding concerns of the proposed Mobility Master Plan. Bill Flint, Kendall County resident, was called to speak and spoke in opposition of the proposed mobility plan. Tracy Mock, resident in the Champion Heights neighborhood, was called to speak and spoke regarding safety concerns with Champion Blvd. being a neighborhood collector. Kendall County residents Tom Tuene, Becca Jones, and Jan Couch were individually called to speak and each spoke regarding concerns with the City of Boerne Page 3 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 proposed mobility plan. Andrea Resendez, resident in the Champion Heights neighborhood, was called to speak and spoke regarding concerns with future traffic/safety concerns with Champion Blvd. as a collector. Alex Rudd, Kendall County resident, was called to speak and spoke regarding environmental concerns. Darcy Brady, Kendall County resident, was called to speak and spoke on behalf of herself and 33 families in her neighborhood; she spoke about concerns with both plans being discussed. Lisa Sallick, resident at 10014 Johns Road, was called to speak and spoke about concerns with both plans being discussed. Bonnie Clanin, resident in the Herff Ranch subdivision, was called to speak and spoke regarding concerns with traffic and the growth in Boerne. At 7:20 p.m., Chairman Bannwolf welcomed anyone else in the audience that had not signed up to speak, to provide their comments at this time. Jessica Touron, 113 Deer Lake (off of Johns Road), spoke in opposition of the proposed major thoroughfare plan. Michael Courpas, resident at 10012 Johns Road, spoke in opposition of the proposed major thoroughfare plan. Maxie Zinsmeister, Kendall County resident, spoke in opposition of growth and spoke regarding concerns high density development impacting groundwater in the County. Kathy Holly, Kendall County resident, spoke in opposition of the proposed plans. City of Boerne Page 4 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 Tony Serva, resident at 10018 Johns Road, spoke in opposition of the proposed plans. Teresa Tuene, Kendall County resident, spoke in opposition of the proposed plans. Steven Lea, Kendall County resident, spoke regarding concerns with the City's planning process, and spoke against growth in Boerne. Maryanna Pearson, 103 Pfeiffer Road, spoke in opposition of the proposed plans. Overall concerns of citizens who spoke on these topics included concerns with groundwater contamination, drainage, impacts of proposed roads going through land owners properties, loop around Boerne, traffic, future development in Boerne, and water resources. The Commission expressed gratitude to everyone that came to the meeting and provided their comments to the Commission. The Commission reviewed and discussed some of the concerns raised by citizens and determined they would like to have this item brought back on the next Planning and Zoning Commission meeting. Chairman Bannwolf called for a break at 8:12 p.m. Chairman Bannwolf called the meeting back to order at 8:26 p.m. 6.B. 2023-166 MAJOR THOROUGHFARE PLAN Item was a discussion item and was discussed along with item 6.A. No action taken. 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. City of Boerne Page 5 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER BIRD, TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER HILER, COMMISSIONER COHOON, COM M I S S I O N E R BILL BIRD, COMMISSIONER CATES, COMMISSIONER TERRY LEMOINE NAY: 0 4.A. 2023-170 THE MINUTES OF THE SPECIAL CALLED PLANNING AND ZONING COMMISSION MEETING OF JANUARY 23, 2023. 4.B. 2023-171 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.C. 2023-172 CONSIDER APPROVAL FOR SCR PROPERTIES DEVELOPMENT PLAT, 5.78 ACRES, 1 NON-RESIDENTIAL LOT (KAD NO. 45847). 4.D. 2023-173 CONSIDER CONDITIONAL APPROVAL FOR ESPERANZA PHASE 3A FINAL PLAT, 23.270 ACRES, 49 RESIDENTIAL LOTS, 6 OPEN SPACE LOT, 0.596 ACRES OF PUBLIC RIGHT-OF-WAY, AND 3.992 ACRES OF -PRIVATE RIGHT-OF-WAY (KAD NO. 14990, 15028, and 45852) AS IS PROVIDED BY ARTICLE 2, SECTION 2.04.001 B OF THE SUBDIVISION ORDINANCE. 5. REGULAR AGENDA: 5.B. 2023-178 TO CONSIDER THE REQUESTED CHANGE IN ZONING FROM C1-HC, NEIGHBORHOOD COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT, TO C2-HC, TRANSITIONAL COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT, ON 4.349 ACRES LOCATED AT 12 HERFF ROAD (A10441 - SURVEY 183 J SMALL, KAD 15815) (WOODMONT BOERNE ACADEMY LLC) I. STAFF PRESENTATION City of Boerne Page 6 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 II. PUBLIC HEARING III. MAKE RECOMMENDATION At 8:26 p.m. Chairman Bannwolf asked to move items 5.B. and 5.C. up the agenda to be considered before item 5.A.; all Commissioners present agreed. Ms. Sara Serra-Bennett, City Planner II., presented the proposed rezoning case. Chairman Bannwolf opened the public hearing at 8:34 p.m. The applicant for this item, Mr. Grant Gary, spoke regarding the need for the zoning; they need the rezoning to allow for the 11,000 sq ft footprint of the Kiddie Academy. Commission called on Mr. and Mrs. Patrick and Sarah Newell, owners of Kiddie Academy to answer a few questions regarding the proposed daycare facility; they explained that the after school program would allow for school bus drop-off from area elementary schools, they are happy to work with the neighbor regarding the location of the dumpster(s), buses would be parked towards the back of the property, and clarified that the two separate playground areas are designed for different age groups of children. Mr. Dave Luciani, local developer, spoke to the Commission regarding the parcel of land behind this proposed case; he is developing a garden home residential community (Siena Court Garden Homes) directly behind the parcel being considered for rezoning. He stated that he is in favor of the proposed development. Ms. Ann Dietert, resident at 106 Green Meadows Drive, spoke regarding concerns with the proposed change in zoning and SUP request, stating commercial should not be up against residential. She also had concerns with the proposed placement of the dumster at this location. Chairman Bannwolf closed the public hearing at 8:48 p.m. City of Boerne Page 7 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 Commission discussion ensued regarding concerns with traffic, dumpster placement, noise, and with uses allowed in C-2 if the whole parcel is rezoned. Also, questions were raised regarding Traffic Impact Analysis (TIA) requirements. Mr. McKamie clarified that, by vote, the Commission can reduce the amount of the parcel they choose to rezone (out of the total amount requested). Ms. Cheryl Rogers, City Engineer, explained that a TIA from 2021 was provided for this tract and preliminary numbers are estimated to be 214 cars in and out of the site, during peak hours, for this type of use. She discussed how the City reviews traffic at different stages of development (zoning, infrastructure, and each building permit that is pulled) to make sure they are in conformance with the TIA originally submitted. Further, in 2019, the Planning and Zoning Commission granted a variance for this site that requires the developer to provide a right turn lane into the southern access point and then a left turn lane in the median, even though the TIA study does not show them to be warranted. A MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER CATES, TO MAKE A RECOMMENDATION TO CITY COUNCIL TO APPROVE THE REQUESTED CHANGE IN ZONING FROM C1-HC, NEIGHBORHOOD COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT, TO C2-HC, TRANSITIONAL COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT, ON +/- 1 ACRE, OUT OF 4.349 ACRES, LOCATED AT 12 HERFF ROAD (A10441 - SURVEY 183 J SMALL, KAD 15815) (WOODMONT BOERNE ACADEMY LLC). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER COHOON, COMMISSIONER BILL BIRD, COMMISSIONER CATES, COMMISSIONER TERRY LEMOINE City of Boerne Page 8 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 NAY: 1- COMMISSIONER HILER 5.C. 2023-179 TO CONSIDER THE REQUESTED SPECIAL USE PERMIT (SUP) FOR A DAYCARE FACILITY IN A C2-HC, TRANSITIONAL COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT, ON +/- 1 ACRE, OUT OF 4.349 ACRES, LOCATED AT 12 HERFF ROAD (A10441 - SURVEY 183 J SMALL, KAD 15815) (WOODMONT BOERNE ACADEMY LLC) I. STAFF PRESENTATION II. PUBLIC HEARING III. MAKE RECOMMENDATION Ms. Sara Serra-Bennett, City Planner II., presented the proposed Special Use Permit request. Chairman Bannwolf opened the public hearing at 9:26 p.m. Mr. Luciani spoke regarding the location/type of the fence and location of detention on his development behind this site, which creates a separation (buffer) from back of their property. Ms. Deitert spoke regarding concerns with drainage and would like the Hackberry tree on the property line to be preserved. Chairman Bannwolf closed the public hearing at 9:33 p.m. Commission discussion included concerns with traffic, dumpster placement, noise, and screening both playground perimeters. Mr. Ryan Bass, City Environmental Planner/Urban Forester, suggested they incorporate Texas Hill Country native species in the landscape plan to provide the desired screening height/size; a few suggestions were Mountain-laurel, and Texas Ranger (aka Texas Sage), but best to leave language vague in the Motion to allow the City to work with the Landscape Architect at a later stage of development. City of Boerne Page 9 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 A MOTION WAS MADE BY COMMISSIONER COHOON, SECONDED BY COMMISSIONER BIRD, TO MAKE A RECOMMENDATION TO CITY COUNCIL TO APPROVE THE REQUESTED SPECIAL USE PERMIT (SUP) FOR A DAYCARE FACILITY IN A C2-HC, TRANSITIONAL COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT, ON +/- 1 ACRE, OUT OF 4.349 ACRES, LOCATED AT 12 HERFF ROAD (A10441 - SURVEY 183 J SMALL, KAD 15815) (WOODMONT BOERNE ACADEMY LLC) WITH THE FOLLOWING CONDITIONS: - All buses or other vehicles used to serve the daycare facility be required to have designated parking located at the rear, behind the building line -Screening that is drought tolerant, City approved, mature (at maturity be no less than 5 ft tall) and continuous perimeter coverage surrounding each of the playgrounds -Dumpster to be located behind the building line -Hackberry tree on southern property line be preserved -Comply w/ all current Unified Development Code requirements for tree remediation -Denial of the request for a variance for parking spaces in the 40 ft Heritage Corridor setback THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER COHOON, COMMISSIONER BILL BIRD, COMMISSIONER CATES, COMMISSIONER TERRY LEMOINE, COMMISSIONER HILER NAY: 0 5.A. 2023-177 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. City of Boerne Page 10 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 Ms. Laura Haning presented proposed updates to the Unified Development Code. This item was delayed until the next Planning and Zoning Commission meeting. 6. DISCUSSION ITEMS: 6.C. 2023-167 SHORT-TERM RENTAL Ms. Laura Haning, Planning Director, presented the proposed short-term rental ordinance. Chairman Bannwolf opened the Public Hearing at 10:05p.m. No comments were received. Chairman Bannwolf closed the Public Hearing at 10:05 p.m. Commissioner Lucas Hiler and Commissioner Susan Friar gave an update from the collaborative City Council/Planning and Zoning Commission subcommittee meetings they have been assigned to regarding short-term rental ordinances. The Commission discussed various regulations that have been contemplated through the subcommittee over the past year; topics included separation distances, occupancy requirements/limitations, and what is best for the Boerne community. No action taken. 6.D. 2023-168 ENGINEERING DESIGN MANUAL Ms. Cheryl Rogers presented the discussion item regarding the Engineering Design Manual. 7. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place Chairman Bannwolf thanked the Commission and Staff for their time/energy spent, and expertise provided. 8. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at City of Boerne Page 11 Printed on 3/7/2023 Planning and Zoning Commission Official Meeting Minutes February 6, 2023 11:17 p.m. _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 3rd day of February, 2023 at 6:00 p.m. _______________________________ Secretary City of Boerne Page 12 Printed on 3/7/2023