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Planning and Zoning Commission

Regular Meeting

Boerne, TX · May 1, 2023

AgendaMinutes

Minutes

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, May 1, 2023 – 6:00 p.m. MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF MAY 1, 2023 6:00 P.M. PRESENT - VICE CHAIR PATRICK COHOON, COMMISSIONER SUSAN FRIAR, COMMISSIONER LUCAS HILER, COMMISSIONER BOB CATES, COMMISSIONER TERRY LEMOINE, COMMISSIONER BILL BIRD ABSENT: CHAIRMAN TIM BANNWOLF STAFF PRESENT: MICK MCKAMIE(VIRTUAL), LAURA HANING, MIKE RAUTE, HEATHER WOOD, SARA SERRA-BENNETT, REBECCA PACINI, CHERYL ROGERS, MARTHA BERNAL, NATHAN CRANE RECOGNIZED/REGISTERED GUESTS: ANDREA RESENDEZ, HEATHER BATEMAN, PATRICK MURPHY 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 Vice Chair Cohoon called the Planning and Zoning Commission to order at 6:00 p.m. City of Boerne Page 1 Printed on 6/6/2023 Planning and Zoning Commission Official Meeting Minutes May 1, 2023 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) Vice Chair Cohoon opened public comments at 6:01 p.m. No comments were received. Vice Chair Cohoon closed public comments at 6:01 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. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER CATES, TO PULL ITEM 4.E. FROM THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY AND BY SEPARATE VOTE: THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- COMMISSIONER FRIAR, COMMISSIONER CATES, COMMISSIONER TERRY LEMOINE, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER COHOON NAY: 0 A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER CATES, TO APPROVE CONSENT AGENDA ITEMS 4.A-4.D. City of Boerne Page 2 Printed on 6/6/2023 Planning and Zoning Commission Official Meeting Minutes May 1, 2023 AS PRESENTED: THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- COMMISSIONER FRIAR, COMMISSIONER CATES, COMMISSIONER TERRY LEMOINE, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER COHOON NAY: 0 4.A. 2023-410 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF APRIL 3, 2023. 4.B. 2023-411 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. 2023-412 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR PRINCIPLE HYUNDAI MAJOR DEVELOPMENT PLAT (KAD NO. 14373). TAKE NECESSARY ACTION. 4.D. 2023-413 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR COLLECTION AT BOERNE MAJOR SUBDIVISION PLAT (KAD NO. 14142). TAKE NECESSARY ACTION. 4.E. 2023-414 CONSIDER CONDITIONAL APPROVAL OF THE FINAL PLAT FOR SHORELINE PARK PHASE 7, 25.95 ACRES, 67 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS, AND 3.45 ACRES OF RIGHT-OF-WAY (KAD NO. 12852 AND 305752) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Item 4.E. was considered separate from the Consent Agenda. Ms. Martha Bernal, City Planner II, presented the proposed final plat for Shoreline Park Phase 7. Chair Cohoon allowed for public comment on this item at 6:04 p.m. No comments were received. City of Boerne Page 3 Printed on 6/6/2023 Planning and Zoning Commission Official Meeting Minutes May 1, 2023 Commissioner Hiler had questions regarding community concerns about water runoff from this site. Ms. Cheryl Rogers, City Engineer, explained that the City monitors this site, the developer is cooperative, and they are in compliance with state and local regulations. Ms. Bernal further clarified that the outstanding comments on this plat are minor in nature. Mr. Mick McKamie, Associate City Attorney, clarified that if the Commission votes to deny based on comments in staff's memo, the City shall provide notice to the applicant and they have an unlimited amount of time to address comments and resubmit to staff. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER LEMOINE, TO DENY THE FINAL PLAT FOR SHORELINE PARK PHASE 7, 25.95 ACRES, 67 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS, AND 3.45 ACRES OF RIGHT-OF-WAY (KAD NO. 12852 AND 305752) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO: THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- COMMISSIONER FRIAR, COMMISSIONER CATES, COMMISSIONER TERRY LEMOINE, COMMISSIONER HILER, COMMISSIONER BIRD NAY: 1 - COMMISSIONER COHOON 5. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place No comments were received. 6. ADJOURNMENT Vice Chair Cohoon adjourned the Planning and Zoning Commission at 6:12 p.m. City of Boerne Page 4 Printed on 6/6/2023 Planning and Zoning Commission Official Meeting Minutes May 1, 2023 _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 28th day of April, 2023 at 10:00 a.m. _______________________________ Secretary City of Boerne Page 5 Printed on 6/6/2023

Agenda

AGENDA PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, May 1, 2023 – 6:00 p.m. 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 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 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) 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. 2023-410 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF APRIL 3, 2023. Attachments: 23-0403 Official Meeting Minutes 4.B. 2023-411 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR REGENT PARK UNIT 1, PHASE 5B PRELIMINARY PLAT (KAD NO. 294048). TAKE NECESSARY ACTION. City of Boerne Page 1 Printed on 4/28/2023 Planning and Zoning Agenda May 1, 2023 Commission Attachments: AIS - 30-Day Time Ext Regent Park U1 Ph 5B Prelim 230501 Att 1 - Location Map Att 2 - Aerial Map Att 3 - Regent Park Un 1 Ph 5B Prelim Plat 20230405 Att 4 - Regent Park Master Plan Mylar May0117 Att 5 - Regent Park Un1Ph5B - 30-Day Extension Request Att 6 - Memo Review 2 Comments Regent Park Un 1 Ph 5B Att 7 - Redlines Regent Park Un 1 Ph 5B 230426 4.C. 2023-412 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR PRINCIPLE HYUNDAI MAJOR DEVELOPMENT PLAT (KAD NO. 14373). TAKE NECESSARY ACTION. Attachments: AIS - 30-Day Time Ext Principle Hyundai MajDevPlat 230501 Att 1 - Location Map Att 2 - Aerial Map Att 3 - Plat Principle Hyundai 230406 Att 4 - Principle Hyundai - 30 day extension request Att 5 - Memo Review 1 Comments Principle Hyundai Att 6 - Redlines Prinipcle Hyundai 230426 4.D. 2023-413 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR COLLECTION AT BOERNE MAJOR SUBDIVISION PLAT (KAD NO. 14142). TAKE NECESSARY ACTION. Attachments: AIS - 30-Day Time Ext Collection at Boerne MajSubPlat 20230501 Att 1 - Location Map Att 2- Aerial Map Att 3-Plat Collection at Boerne 230406 Att 4- Plat Collection @ Boerne 30 Day Extension Request Att 5-Memo Review1 Comments Collection at Boerne Major Subdivision Plat Att-6 Redlines Collection at Boerne 20230426 4.E. 2023-414 CONSIDER CONDITIONAL APPROVAL OF THE FINAL PLAT FOR SHORELINE PARK PHASE 7, 25.95 ACRES, 67 RESIDENTIAL LOTS, 4 OPEN SPACE LOTS, AND 3.45 ACRES OF RIGHT-OF-WAY (KAD NO. 12852 AND 305752) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. City of Boerne Page 2 Printed on 4/28/2023 Planning and Zoning Agenda May 1, 2023 Commission Attachments: AIS - Shoreline Park Ph 7 Final Plat 20230421 Att 1 - Location Map Att 2 - Aerial Map Att 3- Final Plat Shoreline Park Ph 7 Att 4 - Approved Master Plan - Dec0417 with corrected Note Att 5-Memo Review Comments 1 Shoreline Park Phase 7 Final Plat Attn 6- Shoreline Phase 7 Final Plat Redline 20230424 5. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place 6. ADJOURNMENT s/s Laura Haning _______________________________ Administrative Officer CERTIFICATION I herby certify that the above notice of meeting was posted on the 28th day of April, 2023 at 10:00 a.m. Heather Wood _______________________________ Secretary NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS The City Hall Complex is wheelchair accessible. Access to the building and special parking is available at the front entrance of the building. Requests for special services must be received forty-eight (48) hours prior to the meeting time by calling the Planning and Community Development Department at 830-248-1501. Pursuant to Section 30.06 Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to section 30.07 Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. City of Boerne Page 3 Printed on 4/28/2023 Planning and Zoning Agenda May 1, 2023 Commission City of Boerne Page 4 Printed on 4/28/2023

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