Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, November 6, 2023 – 6:00 p.m. MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER 6, 2023 AT 6:00 P.M. PRESENT: CHAIRMAN TIM BANNWOLF, VICE CHAIR LUCAS HILER, COMMISSIONER BIL L BIRD, COMMISSIONER CARLOS VECINO, COMMISSIONER BOB CATES, COMMISSIONER SUSAN FRIAR, COMMISSIONER TERRY LEMOINE STAFF PRESENT: KRISTY STARK, MICK MCKAMIE, MIKE RAUTE, HEATHER WOOD, SARA SERRA-BENNETT, REBECCA PACINI, JEFF CARROLL, CHERYL ROGERS, ANDREW WILKINSON, NATHAN CRANE RECOGNIZED AND REGISTERED GUESTS: DONNA LAGLEDER, MARK LAGLEDER, MIKE LUCKEY, LANCE KYLE, DAN WEBSTER 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 6:00 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 Commissioner Friar declared a conflict with a portion of item 5.B. specific City of Boerne Page 1 Printed on 12/5/2023 Planning and Zoning Commission Official Meeting Minutes November 6, 2023 to floodplain management. 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. No comments were received. Chairman Bannwolf closed public comments at 6:02 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 BIRD, TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER HILER, COMMISSIONER FRIAR, COMMISSIONER VECINO, COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER LEMOINE NAY: 0 APPROVED: 7-0 4.A. 2023-774 Consider approval of the Minutes of the Special Called Planning and Zoning Commission meeting of July 18, 2023 (Ethics Training) and of the Planning and Zoning Commission meeting of October 02, 2023. 4.B. 2023-776 A request for a 30-day time extension for the Preliminary Plat of Esperanza Subdivision Phase 4B, generally located northeast of southeast of Galisteo Avenue and Splendido Drive. (Extraterritorial Jurisdiction) 4.C. 2023-777 A request for the approval for the Preliminary Plat of Esperanza City of Boerne Page 2 Printed on 12/5/2023 Planning and Zoning Commission Official Meeting Minutes November 6, 2023 Subdivision Phase 3E, generally located northeast of Esperanza Boulevard and Fortuna Street. (Extraterritorial Jurisdiction) 5. REGULAR AGENDA: 5.A. 2023-778 POSTPONED - Consider a special use permit for a drive-through coffee shop on a C1 - HC (Neighborhood Commercial Heritage Corridor Overlay District), located at 12 Herff Road (KAD 15815). No staff presentation due to item being postponed. Chairman Bannwolf opened the public hearing at 6:03 p.m. No comments were received. Chairman Bannwolf closed the public hearing at 6:03 p.m. No action taken. 5.B. 2023-779 Consider the proposed amendments to the Unified Development Code adopted on November 24, 2020, to Chapter 8 Environmental Design, Section 8.1 Floodplain Management and Appendix A: Definitions relating to requirements for construction within a floodplain and to Chapter 2 Procedures, by creating a new Section 2.13 Extraterritorial Jurisdiction relating to petition for release from the ETJ. I. Staff Presentation II. Public Hearing III. Make Recommendation Commissioner Friar recused herself from the floodplain portion of item 5.B. and left the dais at 6:03 p.m. Jeff Carroll, Engineering and Mobility Director, gave a presentation on proposed amendments to the Unified Development Code specific to floodplain management. Chairman Bannwolf opened the public hearing at 6:21 p.m. City of Boerne Page 3 Printed on 12/5/2023 Planning and Zoning Commission Official Meeting Minutes November 6, 2023 No comments were received. Chairman Bannwolf closed the public hearing at 6:21 p.m. Chairman Bannwolf asked that Mr. Carroll look into clarifying the court order language outlined in subsection 12 of the proposed UDC amendments as well as the language in the substantial damage section specific to the 25 percent of market value (in two separate occasions) rule. Commission discussion ensued regarding number of residents impacted, distance requirements (extended 100 feet beyond the FEMA floodplain), public notification/public hearings for proposed amendments, and the possibility of tying the changes to the floodplain management to property ownership from a legal standpoint. Mr. Carroll confirmed that there are approximately 300 residential lots, with or without houses, in the current FEMA floodplain and the proposed amendments are only to residential lots, not commercial. The amendments being proposed are to create options for residents to build on their lots, as current code does not allow. He further explained that for construction within a floodplain, the code previously defined distance by "property abutting the FEMA floodplain" and for clarification purposes was updated to extend 100 feet beyond the FEMA floodplain. Mick McKamie, Associate City Attorney, clarified that city council will have two public hearings for the proposed amendments being considered. Also, staff and legal can have more discussion regarding time of ownership being tied to floodplain management rules, from a legal standpoint. A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER BIRD, TO RECOMMEND APPROVAL OF THE PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE ADOPTED ON NOVEMBER 24, 2020, TO CHAPTER 8 ENVIRONMENTAL DESIGN, SECTION 8.1 FLOODPLAIN MANAGEMENT AND APPENDIX A: DEFINITIONS RELATING City of Boerne Page 4 Printed on 12/5/2023 Planning and Zoning Commission Official Meeting Minutes November 6, 2023 TO REQUIREMENTS FOR CONSTRUCTION WITHIN A FLOODPLAIN WITH THE RECOMMENDATION FOR STAFF TO RESEARCH THE POSSIBILITY OF TYING THE CHANGES TO THE FLOODPLAIN MANAGEMENT TO PROPERTY OWNERSHIP. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER HILER, COMMISSIONER VECINO, COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER LEMOINE NAY: 0 RECUSED: COMMISSIONER FRIAR APPROVED: 6-0 Commissioner Friar returned to the dais at 6:39 p.m. Nathan Crane, Planning Director, presented the proposed amendments to the Unified Development Code specific to petitions for release from the ETJ. Chairman Bannwolf opened the public hearing at 6:41 p.m. No comments were received. Chairman Bannwolf closed the public hearing at 6:41 p.m. The commission, staff and legal counsel generally discussed Senate Bill 2038 that was passed during the 88th Legislative Session this past year and how it impacts Texas cities. A MOTION WAS MADE BY COMMISSIONER FRIAR, SECONDED BY COMMISSIONER LEMOINE, TO RECOMMEND APPROVAL OF THE PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE ADOPTED ON NOVEMBER 24, 2020, BY CREATING A NEW SECTION 2.13 EXTRATERRITORIAL JURISDICTION RELATING TO PETITION FOR RELEASE FROM THE ETJ. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 7- CHAIRMAN BANNWOLF, COMMISSIONER HILER, COMMISSIONER City of Boerne Page 5 Printed on 12/5/2023 Planning and Zoning Commission Official Meeting Minutes November 6, 2023 VECINO, COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER LEMOINE, COMMISSIONER FRIAR NAY: 0 APPROVED: 7-0 5.C. 2023-781 Establish 2024 Planning and Zoning Commission meeting dates. 2024 City Holiday conflicts were discussed and new dates agreed upon. Monday, January 1, 2023 (New Years Day) will be rescheduled to Monday, January 8, 2023. Monday, September 2, 2023 (Labor Day) will be rescheduled to Monday, September 9, 2023. 6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place There were no comments. 7. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 6:51 p.m. _______________________________ Chairman _______________________________ Secretary City of Boerne Page 6 Printed on 12/5/2023