Planning and Zoning Commission

MINUTES PLANNING AND ZONING COMMISSION MEETING BOERNE CITY HALL RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Monday, August 5, 2024 – 6:00 p.m. Minutes of the Planning and Zoning Commission meeting of August 5, 2024 at 6:00 p.m. Present: 7- Chairman Tim Bannwolf, Vice Chair Lucas Hiler, Commissioner Bill Bird, Commissioner Susan Friar, Commissioner Terry Lemoine, Commissioner Carlos Vecino, Commissioner Bob Cates Staff Present: Mick McKamie, Kristy Stark, Barrett Squires, Heather Wood, Nathan Crane, Franci Linder, JoAnmarie Andrade, Jeff Carroll, Cheryl Rogers, Liz Huvalla, Ryan Bass, Andrew Wilkinson Recognized and Registered Guests: Ben Adam, Josh Valenta, James McGarr 1. CALL TO ORDER Chairman Bannwolf called the Planning and Zoning Commission to order at 6:00 p.m. 2. CONFLICTS OF INTEREST No conflicts were declared. 3. PUBLIC COMMENTS 4. CONSENT AGENDA 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: 7- Chairman Tim Bannwolf, Vice Chairman Commissioner Lucas Hiler, Commissioner Susan Friar, Commissioner Bill Bird, Commissioner City of Boerne Page 1 Printed on 9/20/2024 Planning and Zoning Commission Official Meeting Minutes August 5, 2024 Bob Cates, Commissioner Terry Lemoine, Commissioner Carlos Vecino 4.A. 2024-406 Consider approval of the minutes of the Planning and Zoning Commission meeting of July 1, 2024. 5. REGULAR AGENDA 5.A. 2024-408 Consider a request for a variance to Chapter 8.2(A)(1), Drainageway Protection Zones, of the Unified Development Code for a property located at 119 Adler, 125 Adler, and 134 Garden (KAD 20010, 20009, and 20007). Item was postponed by the applicant. No action taken. 5.B. 2024-409 Untable a request for a variance to Chapter 8.1(D)(3)(i)(i), Floodplain Management, of the Unified Development Code for a property located at 303 James St (KAD 19788) A motion was made by Commissioner Hiler, seconded by Commissioner Bird, to untable a request for a variance to Chapter 8.1(D)(3)(i)(i), Floodplain Management, of the Unified Development Code for a property located at 303 James St (KAD 19788). The motion carried by the following vote: Yea: 7- Chairman Tim Bannwolf, Vice Chairman Commissioner Lucas Hiler, Commissioner Susan Friar, Commissioner Bill Bird, Commissioner Bob Cates, Commissioner Terry Lemoine, Commissioner Carlos Vecino 5.C. 2024-407 Consider a request for a variance to Chapter 8.1(d)(3)(i)(i), Floodplain Management, of the Unified Development Code for a property located at 303 James St (KAD 19788). Cheryl Rogers, Assistant City Engineer, presented the proposed variance request. Chairman Bannwolf opened public comments for all agenda items at 6:11 p.m. James McGarr, design engineer representing the property owner, City of Boerne Page 2 Printed on 9/20/2024 Planning and Zoning Commission Official Meeting Minutes August 5, 2024 presented photos to the commission of the proposed house that is intended to be built on the other lot as a second home/rental property for residential use. Ben Adam, the architect representing the project, explained that the photos being presented are as a follow up to questions brought up at the last meeting where this project was discussed, however, they understand that is not a part of the variance. He additionally discussed the recent base flood elevation certificate done on this property which indicated an elevation of 1395.8 and the elevation of the existing building built in the 1930's is 1399.83 - 4.03 feet higher than the base flood elevation; nowhere is the building 18 inches off of the ground. He suggested that there could be a mound under the house that the LiDAR did not detect when contour studies were done back in 2014/2019. Chairman Bannwolf closed public comments at 6:15 p.m. Commission discussion included the elevation differences brought up by Ben Adam, the Federal Emergency Management Agency (FEMA) community rating system, historical flooding in this area of town, concerns with impervious cover and what hardships are being presented for the proposed variance request. The commission also discussed the objective of restricting land parcels smaller than one acre from being developed into lots or habitable structures within the floodplain was primarily driven by public safety considerations. Cheryl Rogers, Assistant City Engineer, explained that in any FEMA-regulated situation an applicant can provide more precise survey data to demonstrate they are outside the floodplain and receive a letter of map amendment; this information could be reviewed to determine if the house is outside of the floodplain, however, in this case, the entire property would need to be located outside of the floodplain. Jeff Carroll, Director of Engineering and Mobility, spoke to the history of flooding in the city; he explained that there has not been a 100 year flood event in recent years and that to his knowledge, there has not City of Boerne Page 3 Printed on 9/20/2024 Planning and Zoning Commission Official Meeting Minutes August 5, 2024 been structural flooding in this area. He also explained that the city has adopted higher standards, going above the minimum state requirements, and through the FEMA Community Rating System (CRS) the city now has a Class 7 rating, which provides a 15% discount for all citizens who have flood insurance . James McGarr stated that the hardship to the current owner was created when the previous owner sold part of a lot and did not sell the two whole lots together. If that would have been the case, they would only have to do an amending plat to move the lot line, and that would not require a variance. However, because they were sold in parts of lots, they must replat to move the lot line, which requires a variance. Chairman Bannwolf allowed for public comments at 6:40 p.m. No comments were received. After weighing the intent of the Unified Development Code floodplain rules, the public safety concerns, and the information presented, the overall consensus of the commission was that the applicant had not demonstrated a sufficient hardship or justification to warrant granting the requested variance. A motion was made by Commissioner Hiler, seconded by Commissioner Bird, to deny a request for a variance to Chapter 8.1(D)(3)(i)(i), Floodplain Management, of the Unified Development Code for a property located at 303 James St (KAD 19788). The motion carried by the following vote: Denied: 7- Chairman Tim Bannwolf, Vice Chairman Commissioner Lucas Hiler, Commissioner Susan Friar, Commissioner Bill Bird, Commissioner Bob Cates, Commissioner Terry Lemoine, Commissioner Carlos Vecino 6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place City of Boerne Page 4 Printed on 9/20/2024 Planning and Zoning Commission Official Meeting Minutes August 5, 2024 Liz Huvalla, Planning Technician, gave an update on this year's Boerne Neighborhood Discussion meetings; in February Christian Brother's Automotive was discussed and later withdrawn by the applicant, and 101 Village Cove was also discussed and later approved. In March a church on East Blanco Road was discussed and later withdrawn by the applicant. Chairman Bannwolf wished the Boerne Little League Baseball team success in their upcoming game that could advance them to the world series. 7. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 6:43 p.m. _______________________________ Chairman _______________________________ Secretary City of Boerne Page 5 Printed on 9/20/2024