Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, June 26, 2023 – 6:00 p.m. MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF JUNE 26, 2023 AT 6:00 P.M. PRESENT - CHAIRMAN TIM BANNWOLF, COMMISSIONER SUSAN FRIAR, COMMISSIONER LUCAS HILER, COMMISSIONER BOB CATES, COMMISSIONER TERRY LEM O I N E , COMMISSIONER BILL BIRD, COMMISSIONER CARLOS VECINO STAFF PRESENT: MICK MCKAMIE, KRISTY STARK, MIKE RAUTE, HEATHER WOOD, SARA SERRA-BENNETT, REBECCA PACINI, CHERYL ROGERS, MARTHA BERNAL, NATHAN CRANE, RYAN BASS RECOGNIZED/REGISTERED GUESTS: ROBERT IMLER, CRYSTAL PENA, ALEX RUDD, DALE NUNEZ, ELISABETH NUNEZ, DONNA LAGLEDGER, MARK LAGLEDER, ASHLEY FARRIMOND 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 5:59 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 8/1/2023 Planning and Zoning Commission Official Meeting Minutes June 26, 2023 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) Mr. Robert Imler spoke regarding concerns with high-density projects, water supply, and multi-family housing in Boerne. Ms. Crystal Pena spoke in opposition of item 5.A. (proposed car dealership). Ms. Alex Rudd spoke regarding concerns with the detention pond at the Shoreline Park subdivision, flood issues from various subdivisions within the City, and the city's water supply. 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. The Commission agreed to remove items 4.F. - 4.I. from the Consent Agenda to receive City Staff presentation and to be considered separately and by separate vote. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER BIRD, TO APPROVE CONSENT AGENDA ITEMS 4.A. - 4.E. AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER LEMOINE, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER VECINO, COMMISSIONER CATES City of Boerne Page 2 Printed on 8/1/2023 Planning and Zoning Commission Official Meeting Minutes June 26, 2023 NAY: 0 4.A. 2023-493 THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF JUNE 5, 2023. 4.B. 2023-496 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR UPPER CIBOLO MAJOR DEVELOPMENT PLAT (KAD NO. 36246). TAKE NECESSARY ACTION. 4.C. 2023-497 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR ESPERANZA PHASE 2G FINAL PLAT (KAD NO. 14990, 14991, 15019, 15028, 31043, 300730, AND 310832). TAKE NECESSARY ACTION 4.D. 2023-500 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR ESPERANZA PHASE 4A, PRELIMINARY PLAT (KAD NO. 15019, AND 45473). TAKE NECESSARY ACTION. 4.E. 2023-501 CONSIDER A REQUEST FOR A 30-DAY TIME EXTENSION FOR ELEVATE FINAL SUBDIVISION PLAT, 1.27 ACRES, 18 RESIDENTIAL LOTS, 4 OPEN SPACE LOT AND 0.29 ACRES OF RIGHT-OF-WAY (KAD NO. 307750 AND 63697). TAKE NECESSARY ACTION. 4.F. 2023-498 CONSIDER CONDITIONAL APPROVAL FOR PRINCIPLE HYUNDAI MAJOR DEVELOPMENT PLAT, 3.141 ACRES, 1 NON-RESIDENTIAL LOT (KAD NO. 17373, 17378, AND 17388) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Rebecca Pacini, City Planner III., presented the plat and read the conditions of approval. Ms. Cheryl Rogers, Assistant City Engineer, confirmed that the financial guarantee is still a condition. Commissioner Hiler asked for clarification regarding plats that are considered on the Consent Agenda; he questioned what determines consideration of conditional approval vs. denial. Ms. Pacini explained that a plat considered for conditional approval on a Consent Agenda generally only has minor typographical errors to be City of Boerne Page 3 Printed on 8/1/2023 Planning and Zoning Commission Official Meeting Minutes June 26, 2023 addressed before recordation. A plat considered for denial on a Consent Agenda generally has more extreme errors or simply does not meet the Code. Commissioner Cates had questions regarding the change in the drainage easement and status of tree preservation plans on Daisy Lane. Ms. Pacini clarified that the drainage easement is still located in the rear, southern boundary; the revision had to be made when it was determined that the original drainage way overlapped a septic field of a neighboring property - there can not be an overlap of drainage/septic (must be at least 10 feet apart) which has resulted in the shift of the easement. Ms. Rogers further clarified that the original requirement outlined in the variance the applicant received was to provide a vegetation channel to treat and filter water, but did not indicate placement; the alignment shown has only a slight adjustment to the easement from the variance to now. She also confirmed that Daisy Lane is County right-of-way, not TxDot. The County has a road widening project on Daisy Lane, and they plan to preserve trees where they can. Mr. David Sharp, civil engineer on the project, spoke regarding the tree preservation concerns - they have dedicated the right-of-way to Kendall County and deferred sidewalks to save trees. He confirmed that public infrastructure documents have been submitted and accepted by the City and the County. The revision to the drainage easement resulted from the existing well on adjacent lots. A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER HILER, TO DENY THE PRINCIPLE HYUNDAI MAJOR DEVELOPMENT PLAT, 3.141 ACRES, 1 NON-RESIDENTIAL LOT (KAD NO. 17373, 17378, AND 17388) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 4 Printed on 8/1/2023 Planning and Zoning Commission Official Meeting Minutes June 26, 2023 YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER LEMOINE, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER CATES NAY: 1 - COMMISSIONER VECINO 4.G. 2023-502 CONSIDER A CONDITIONAL APPROVAL FOR BLUFF VIEW MULTI-FAMILY MAJOR SUBDIVISION PLAT, 10.02 ACRES, 1 NON-SINGLE FAMILY RESIDENTIAL LOT AND 1 OPEN SPACE LOT (KAD NO. 14386) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Martha Bernal, City Planner II., presented the Multi-family Major Subdivision Plat. The Commission had concerns with the amount of outstanding comments on the plat that do not meet all of the requirements of the Unified Development Code. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER FRIAR, TO DENY THE BLUFF VIEW MULTI-FAMILY MAJOR SUBDIVISION PLAT, 10.02 ACRES, 1 NON-SINGLE FAMILY RESIDENTIAL LOT AND 1 OPEN SPACE LOT (KAD NO. 14386) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER LEMOINE, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER VECINO, COMMISSIONER CATES NAY: 0 4.H. 2023-503 CONSIDER A CONDITIONAL APPROVAL FOR COLLECTION AT BOERNE MAJOR SUBDIVISION PLAT 27.89 ACRES, 2 MULTI-FAMILY RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS AND 1.74 ACRES OF RIGHT-OF-WAY (KAD NO. 14142) BASED ON City of Boerne Page 5 Printed on 8/1/2023 Planning and Zoning Commission Official Meeting Minutes June 26, 2023 COMMENTS STATED IN STAFF’S REVIEW MEMO. Ms. Martha Bernal, City Planner II., presented the Major Subdivision Plat. The Commission had questions regarding outstanding comments specific to floodplain requirements. Ms. Cheryl Rogers, Assistant City Engineer, explained that in January 2023, the City adopted new San Antonio River Authority (hereinafter, SARA) floodplain maps as best available information. The Federal Emergency Management Agency (hereinafter, FEMA) has not yet adopted SARA, therefore SARA is not considered a federal mandated map. An outstanding comment on this plat is that the SARA floodplain is not being depicted correctly. Since then, the developer has submitted a vesting application to follow FEMA regulated floodplain lines, not (SARA). She also confirmed that the clubhouse shown on the plat encroaches into the SARA floodplain, not any other units and that the detention ponds possibly may be in SARA, but are outside of FEMA floodplain. Mr. Mick McKamie, Associate City Attorney, confirmed that under vesting statues, only federally approved floodplains can be enforced. SARA will not apply at this time, on this project, as long as they have vested and have a permit prior to FEMA adopting SARA. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER LEMOINE, TO CONDITIONALLY APPROVE THE COLLECTION AT BOERNE MAJOR SUBDIVISION PLAT 27.89 ACRES, 2 MULTI-FAMILY RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS AND 1.74 ACRES OF RIGHT-OF-WAY (KAD NO. 14142) BASED ON COMMENTS STATED IN STAFF’S REVIEW MEMO. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER LEMOINE, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER City of Boerne Page 6 Printed on 8/1/2023 Planning and Zoning Commission Official Meeting Minutes June 26, 2023 VECINO, COMMISSIONER CATES NAY: 0 4.I. 2023-504 CONSIDER CONDITIONAL APPROVAL FOR COMMONS AT MENGER CREEK UNIT 7 FINAL PLAT, 5.05 ACRES, 3 NON- RESIDENTIAL LOTS, 1 OPEN SPACE LOT AND 0.38 ACRES OF RIGHT-OF-WAY (KAD NO. 39338) 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. Ms. Martha Bernal, City Planner II., presented the Final Plat. Commission and staff discussion ensued regarding internal/external access points, and Letter of Map Revision (LOMR) comment. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER BIRD, TO CONDITIONALLY APPROVE THE COMMONS AT MENGER CREEK UNIT 7 FINAL PLAT, 5.05 ACRES, 3 NON- RESIDENTIAL LOTS, 1 OPEN SPACE LOT AND 0.38 ACRES OF RIGHT-OF-WAY (KAD NO. 39338) 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. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER FRIAR, COMMISSIONER LEMOINE, COMMISSIONER HILER, COMMISSIONER BIRD, COMMISSIONER VECINO, COMMISSIONER CATES NAY: 0 5. REGULAR AGENDA 5.A. 2023-494 POSTPONED - CONSIDER THE PROPOSED SPECIAL USE PERMIT (SUP) FOR AUTOMOBILE SALES IN A C3 - EC (COMMUNITY COMMERCIAL, ENTRANCE CORRIDOR OVERLAY DISTRICT) AND C4-EC (REGIONAL COMMERCIAL, ENTRANCE CORRIDOR OVERLAY DISTRICT) AT 31905 INTERSTATE HIGHWAY 10 WEST (A10097 - City of Boerne Page 7 Printed on 8/1/2023 Planning and Zoning Commission Official Meeting Minutes June 26, 2023 SURVEY 170 A CRUZ 10.47 ACRES, KAD 48805 AND 12233) (BENITO SOTO AND SCOTT CRABTREE. I. STAFF PRESENTATION II. PUBLIC HEARING Chairman Bannwolf opened the public hearing at 6:54 p.m. Ms. Crystal Pena asked if they have been approved to build the car lot. Chairman responded that they have not been approved and have requested postponement. Ms. Alex Rudd spoke in opposition of the proposed car dealership. Chairman Bannwolf closed the public hearing at 6:58 p.m. No action was taken. 6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place No comments. 7. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 7:00 p.m. _______________________________ Chairman CERTIFICATION I herby certify that the above notice of meeting was posted on the 23rd day of June, 2023 at 5:00 p.m. ______________________________ Secretary City of Boerne Page 8 Printed on 8/1/2023