Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, December 4, 2023 – 6:00 p.m. MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 4, 2023 AT 6:00 P.M. PRESENT: CHAIRMAN TIM BANNWOLF, VICE CHAIR LUCAS HILER, COMMISSIONER BILL BIRD, COMMISSIONER BOB CATES, COMMISSIONER SUSAN FRIAR, COMMISSIONER TERRY LEMOINE ABSENT: COMMISSIONER CARLOS VECINO STAFF PRESENT: KRISTY STARK, MICK MCKAMIE, SHELDON CRAVEY, HEATHER WOOD, SARA SERRA-BENNETT, JEFF CARROLL, ANDREW WILKINSON, NATHAN CRANE, MARTHA BERNAL RECOGNIZED AND REGISTERED GUESTS: RENITA REAVIS, CHRISTINE STONECIPHER, ANN DIETERT, LANCE KYLE, AMY STORY, GRANT GARY, ALEX RUDD, DAVE LUCIANI, PAULETTE POWELL-KING, JOSEPH CHADWICK, BEN KAMM, PATRICK NEWELL, JOE NIX, TAYLOR MEALS, SCOTT CRABTREE, DORIS STAHL, MARK HAWKINS, THOMAS CARLSON 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. City of Boerne Page 1 Printed on 1/9/2024 Planning and Zoning Commission Official Meeting Minutes December 4, 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 No conflicts were 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 6:01 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 FRIAR, TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER LEMOINE, COMMISSIONER FRIAR NAY: 0 APPROVED: 6-0 4.A. 2023-819 The minutes of the Planning and Zoning Commission meeting of November 6, 2023. 4.B. 2023-811 A request for the approval of the Preliminary Plat of Esperanza Phase 4B, generally located northeast of State Highway 46 and City of Boerne Page 2 Printed on 1/9/2024 Planning and Zoning Commission Official Meeting Minutes December 4, 2023 Milagro Drive. (Extra-Territorial Jurisdiction) 4.C. 2023-820 A request for a 30-Day time extension for of the Major Subdivision Plat of Morningside Ministries Terrace Homes, generally located southeast of Interstate 10 and Upper Balcones Road. (C2-Transitional Commercial) 5. REGULAR AGENDA: 5.A. 2023-812 Consider a request for a 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 - Survey 170 A Cruz 10.47 acres, KAD 48805 and 12233) (Benito Soto and Scott Crabtree) I. STAFF PRESENTATION II. PUBLIC HEARING III. RECOMMENDATION Sara Serra-Bennett, City Planner II, presented the proposed special use permit request. Chairman Bannwolf opened the public hearing at 6:26 p.m. Scott Crabtree, Pohanka Honda representative, gave a presentation on the proposed plan. Joseph Chadwick, engineer for the development, discussed the redesign of the plan based on community feedback. Amy Story, president/CEO of Boerne Kendall County Economic Development Corporation, spoke in favor of the proposed development. She stated that the applicants have taken feedback from the community and redesigned the site to provide additional tree preservation and additional buffers for neighbors. Paulette Powell-King (neighbor at the rear of the site) spoke in opposition of the proposed development expressing concerns with City of Boerne Page 3 Printed on 1/9/2024 Planning and Zoning Commission Official Meeting Minutes December 4, 2023 lights, trees, and noise the business could generate. Joseph Chadwick (neighbor at the rear of the site) spoke regarding questions about the proposed storage parking (open or closed), regulations on outdoor lighting, and the fence being built in between the property boundaries at the back of the site, abutting residential lots. Ben Kamm, builder for the proposed property, spoke regarding their desire to be good neighbors. He explained that the onsite compressors they will have are screw air compressors that have very light sound and will be inside a building to shield noise. He further explained that the outside lights will be on a zone system, so they will be set to go on and off at set times. Sara Serra-Bennett clarified that they are requesting the landscape buffer to be reduced to 10 feet where the entrance corridor overlay requires at least 30 feet (facing IH 10). As for the building, they are meeting height and set back requirements. She also explained that the solid fence being discussed is part of city regulations; shall be a masonry style, 6 foot, solid fence and various materials are allowed. Chairman Bannwolf closed the public hearing at 6:40 p.m. Commission discussion ensued regarding the existing fences of the abutting neighbors at the rear of the property and the proposed fence to be installed according to city regulations. The Commission also had questions/concerns regarding parking lot lights, setbacks, noise, tree preservation, the development being done in two phases, building height, amount of parking spaces, and landscape buffers at the front and back of the site. Ryan Bass, City Environmental Program Manager, gave some background on existing trees at the proposed development site. He explained that the applicant has worked with the city to save the large protected trees on the site and has prioritized this over the planting of new trees; some unprotected trees will be removed. He also explained that the fence to City of Boerne Page 4 Printed on 1/9/2024 Planning and Zoning Commission Official Meeting Minutes December 4, 2023 be installed at the rear of the site would likely be surveyed and would have to work around any trees that are to be preserved. Mr. Crabtree confirmed that no loud speakers are used on any of their Honda sites. He also explained that they have already reduced 118 parking spaces on this site plan in order to save trees and what is now being requested is what they need for the operation of their business; they are planning for potentially 600 new cars a year. A MOTION WAS MADE BY COMMISSIONER CATES, SECONDED BY COMMISSIONER BIRD, TO MAKE A RECOMMENDATION TO CITY COUNCIL TO APPROVE A 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 - SURVEY 170 A CRUZ 10.47 ACRES, KAD 48805 AND 12233) (BENITO SOTO AND SCOTT CRABTREE) WITH THE FOLLOWING CONDITIONS RECOMMENDED BY STAFF AND ADDITIONAL RECOMMENDATIONS FROM THE PZ COMMISSION: · The site and landscape plans shall substantially conform to the plans date stamped: 11/14/2023 · Grant a variance to the fence requirements under Chapter 5.4 of the UDC by allowing additional landscaping along the entire back perimeter of site. o Ryan Bass, Environmental Program Manager, to oversee the landscaping plan to ensure an appropriate buffer is designed and fulfilled. · Prior to issuance of a building permit, approval from TXDoT is required. · All existing signage shall be removed. · All city requirements to prevent light and sound pollution be followed during construction and operation of the site. · A building permit shall not be issued until the plat is recorded. · Approve tree variance - (based on current regulations tree planting should occur in a ratio of one tree per 12 parking spaces; the tree City of Boerne Page 5 Printed on 1/9/2024 Planning and Zoning Commission Official Meeting Minutes December 4, 2023 variance approved so that this requirement will not be applied to the inventory storage areas located at the rear of the buildings) · Deny the requested variance for the 30-foot landscape buffer (in addition to the utility easement) required under the Scenic Interstate Corridor Overlay. · The second phase of development for Lot 2 shall be developed fully without the building. o This is to ensure parking spaces and inventory storage spaces are constructed. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 6- CHAIRMAN BANNWOLF, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER BIRD, COMMISSIONER LEMOINE, COMMISSIONER FRIAR NAY: 0 APPROVED: 6-0 5.B. 2023-813 Consider a request for a special use permit (SUP) for a drive-through as part of a coffee shop on a C1 - HC (Neighborhood Commercial Heritage Corridor Overlay District), located at 12 Herff Road (KAD 15815). I. STAFF PRESENTATION II. PUBLIC HEARING III. RECOMMENDATION Sara Serra-Bennett, City Planner II, presented the proposed special use permit request. Jeff Carroll, Mobility and Engineering Director, and Andrew Wilkerson, City Engineer, spoke regarding assessment and comments from Traffic Impact Analysis (TIA), stacking spaces, additional queuing, and hooded left turn. Grant Gary (applicant) presented the proposed coffee shop concept. Chairman Bannwolf opened the public hearing at 8:12 p.m. City of Boerne Page 6 Printed on 1/9/2024 Planning and Zoning Commission Official Meeting Minutes December 4, 2023 Christina Stonecipher, 113 Green Meadows, expressed concerns with traffic. Renita Reavis, 117 Green Meadows, spoke in opposition of the proposed plan and expressed concerns with increased traffic at this location. Ann Dietert, 106 Green Meadows, spoke in opposition of the proposed plan and expressed concerns with increased traffic. Alex Rudd spoke in opposition of the proposed development and expressed concerns with traffic and safety. Lance Kyle, 226 Cascade Caverns, spoke in opposition of the proposed development and expressed concerns with the TIA that was provided by the applicant. Dave Lucinani spoke in favor of the proposed development. Patrick Knoll, owner and operator of the Kiddie Academy, spoke in favor of the proposed development. Tyler Meals, with Meals and Myers Engineering and Surveying, introduced himself as the civil engineer on the project. He stated that they will be providing an updated TIA with better traffic counts. He also explained that the hooded left turn lane and a dedicated right turn deceleration lane is in place and traffic should not stack out in the right-of-way. They want to keep as many trees on the site as possible and are addressing drainage concerns through low impact development requirements and onsite detention. Joe Nix, traffic engineer, explained that they intend to work with city staff to ensure they are in compliance with the regulations and to ensure the safety of the neighbors and citizens; they hope to find alternative solutions to help the traffic impact at Herff Rd. and River Rd. City of Boerne Page 7 Printed on 1/9/2024 Planning and Zoning Commission Official Meeting Minutes December 4, 2023 Chairman Bannwolf closed public hearing at 8:37 p.m. Commission discussion ensued regarding traffic, child safety, and the hooded left turn. A MOTION WAS MADE BY COMMISSIONER HILER, SECONDED BY COMMISSIONER CATES, TO MAKE A RECOMMENDATION TO CITY COUNCIL TO DENY A SPECIAL USE PERMIT (SUP) FOR A DRIVE-THROUGH AS PART OF A COFFEE SHOP ON A C1 - HC (NEIGHBORHOOD COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT), LOCATED AT 12 HERFF ROAD (KAD 15815). THE MOTION CARRIED BY THE FOLLOWING VOTE: YEA: 5- CHAIRMAN BANNWOLF, COMMISSIONER HILER, COMMISSIONER CATES, COMMISSIONER LEMOINE, COMMISSIONER FRIAR NAY: 1 - COMMISSIONER BIRD APPROVED: 5-1 6. DISCUSSION ITEMS: 6.A. 2023-828 Feedback from members who attended the 2023 American Planning Association Texas Chapter Conference. Commissioner Hiler, Commissioner Friar, and Nathan Crane gave a brief report from the American Planning Association conference they recently attended. 6.B. 2023-829 2024 American Planning Association Texas Chapter Conference: October 16th - 18th in Allen, Texas No action. 7. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF – NO DISCUSSION OR ACTION MAY TAKE PLACE. 7.A. 2023-830 City of Boerne Boards and Commissions Appreciation Open House - December 7th at 6:00 p.m. - 8:00 p.m. at City Hall Lobby. Commissioner Cates asked staff and legal council about the 200 foot radius state law requirement for notification to neighbors (on certain projects); can the Planning and Zoning Commission make a recommendation to City Council to have the 200 foot minimum be City of Boerne Page 8 Printed on 1/9/2024 Planning and Zoning Commission Official Meeting Minutes December 4, 2023 extended. Mick McKamie, Associate City Attorney, clarified that cities can notify over the minimum state requirement through policy change. 8. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 9:18 p.m. _______________________________ Chairman _______________________________ Secretary City of Boerne Page 9 Printed on 1/9/2024