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 2, 2024 – 6:00 p.m. Minutes of the Planning and Zoning Commission meeting of December 2, 2024 at 6:00 p.m. Present: 6- Chairman Tim Bannwolf, Vice Chair Lucas Hiler, Commissioner Bill Bird, Commissioner Bob Cates, Commissioner Susan Friar, Commissioner Terry Lemoine, Absent: 1 - Commissioner Carlos Vecino Staff Present: Mick McKamie, Barrett Squires, Heather Wood, Nathan Crane, Francesca "Franci" Linder, Jo-Anmarie Andrade, Cheryl Rogers, Tyler Cain, Ryan Bass Recognized and Registered Guests: John Wolters, Josh Valenta, Mark Ramsower, Laurie Ontjes, Kevin DeAnda, Emiliano Guerrero 1. CALL TO ORDER – 6:00 PM 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 Chairman Bannwolf opened public comments at 6:01 p.m. No comments were received. Chairman Bannwolf closed public comments at 6:01 p.m. City of Boerne Page 1 Printed on 1/23/2025 Planning and Zoning Commission Official Meeting Minutes December 2, 2024 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: Approved: 6-0 Yea - Chairman Bannwolf, Commissioner Hiler, Commissioner Friar, Commissioner Bird, Commissioner Cates, Commissioner Lemoine 4.A. 2024-622 Consider approval of the minutes of the Planning and Zoning Commission meeting of November 4, 2024. 4.B. 2024-623 Consider approval for Esperanza Phase 4B Final Plat, generally located south of Splendido and east of Galisteo. (Extra-Territorial Jurisdiction) 4.C. 2024-624 Consider approval for Esperanza Phase 4C Preliminary Plat generally located north of Highway 46 along Galisteo Drive. (Extra-Territorial Jurisdiction) 5. REGULAR AGENDA: 5.A. 2024-626 Untable and consider zoning change request from a HOL-Interim zoning district to R2-M Moderate Density Residential Zoning District for a 71.12 acre tract of land, generally located at the southwest intersection of Spencer Ranch and Highway 46, in the City of Boerne, Kendall County, Texas (KAD: 307605; A10360 - Survey 179 Newton & Taylor 71.12 acres) A motion was made by Commissioner Cates, seconded by Commissioner Hiler, to untable a zoning change request from a HOL-Interim zoning district to R2-M Moderate Density Residential Zoning District for a 71.12 acre tract of land, generally located at the southwest intersection of Spencer Ranch and Highway 46, in the City of Boerne, Kendall County, Texas (KAD: 307605; A10360 - Survey 179 Newton & Taylor 71.12 acres). The motion carried by the following vote: Untabled: 6-0 City of Boerne Page 2 Printed on 1/23/2025 Planning and Zoning Commission Official Meeting Minutes December 2, 2024 Yea - Chairman Bannwolf, Commissioner Hiler, Commissioner Friar, Commissioner Bird, Commissioner Cates, Commissioner Lemoine Tyler Cain, City Planner II, presented the proposed zoning change request. The applicant, Kevin DeAnda, gave a brief presentation highlighting the single family residential development and addressing concerns that were brought up at the November Planning and Zoning Commission meeting. He noted that the proposed use is consistent with both the master plan and future land use plan, and is in conformance with the Unified Development Code. He explained that the development agreement stipulates that a zoning designation shall be in alignment with the approved plats for this subdivision. In response to traffic concerns, a Traffic Impact Analysis (TIA) was completed at the time of the development agreement. Two separate TIAs were performed, which recognized that State Highway 46 has the capacity to accommodate the proposed 209 residential lots. However, this necessitated certain mitigations and improvements, including the completion of a southwest-bound right turn lane on Highway 46 and the establishment of a new primary collector street (four lanes) at Coughran Road, both of which have been finalized. Additionally, a separate TIA was prepared for the 87 acres of frontage owners. Should this area be developed for commercial or mixed-use purposes, the installation of a traffic light at the intersection of Highway 46 and Spencer Ranch Boulevard would then be required. He also addressed issues related to water and sewer services, noting that a Utility Service Agreement has been established with Texas Water Company, which reserves 219 Equivalent Dwelling Units (EDUs). Additionally, drainage concerns are being managed through the allocation of 18 acres of open space and the implementation of on-site detention ponds to facilitate proper drainage and runoff management. Chairman Bannwolf questioned if the public hearing requirements have been met. City of Boerne Page 3 Printed on 1/23/2025 Planning and Zoning Commission Official Meeting Minutes December 2, 2024 Mick McKamie confirmed that one public hearing is required and one was held in the November Planning and Zoning Commission meeting, so this requirement has been met. Chairman Bannwolf allowed time for the public to speak and opened a public hearing at 6:33 p.m. No comments were received. Chairman Bannwolf closed the public hearing at 6:34 p.m. Commissioner Cates sought clarification on the definition of "customer" as mentioned in the strategy map shared during the staff presentation, particularly in relation to customer-driven feedback. Staff members Tyler Cain, City Planner II, and Nathan Crane, Planning Director, acknowledged that the spirit of customer driven feedback encompasses both internal and external customers, including current homeowners, prospective homeowners, applicants, other departments, developers, and various boards and commissions. Chairman Bannwolf elaborated on the role of the Planning and Zoning Commission, which serves as a representative body that seeks to balance the diverse interests of various customers when providing recommendations to the Boerne City Council. Commissioner Hiler spoke regarding the plats that have been approved for this development throughout the years when the property was in the city's Extra-territorial Jurisdiction (ETJ). He noted that the Commission was unaware of the development transitioning into the city limits. The city has limited control on density in the ETJ, as detailed in a staff memorandum dated October 1, 2018. He noted that, to the commission's knowledge, there were no plans for annexation or zoning at that time and now the process is disordered; typically, the sequence is annexation, followed by zoning, and then the approval of development plats, however, in this instance, the development plats had already been City of Boerne Page 4 Printed on 1/23/2025 Planning and Zoning Commission Official Meeting Minutes December 2, 2024 approved. He also expressed concerns with the overall density, the utility agreement that is in place, several parts of the approval criteria not being met, and the lack of amenities in the proposed development. Mick McKamie, Associate City Attorney, clarified that the current order is the only way it could be done because the property began in the city's ETJ. He explained that it is standard for municipalities to engage in development agreements, which are subsequently followed by zoning considerations upon annexation and should be treated like any other zoning matter. Commissioner Friar addressed the citywide need for housing and noted that there are already several thousand lots in the pipeline to be built. She emphasized that to effectively meet the citywide demand, the city needs larger lots within larger neighborhoods. Furthermore, she raised concerns about unaddressed safety issues and inquired about the number of property owners who were notified, questioning whether they are local residents. She further cautioned that if the R2-M zoning is granted, there would be no safeguards to prevent the developer from returning to replat the land, potentially altering the proposed development plans. Kevin DeAnda clarified that they have no intention of replatting, but that would be a possibility. The Commission further discussed exploring other zoning designations that would be less dense and would mandate larger lot sizes. Commissioner Cates raised concerns with the comparative density analysis chart in staff's presentation not taking topography, utilities and infrastructure into consideration, and mentioned that the dedicated green space is not developable. Commissioner Bird raised questions about the non-conforming lots that were mentioned in the staff presentation, seeking further clarification. Commissioner Lemoine inquired about the permanence of the lift station shown in the master plan and whether it was included within the 71 acres under consideration. Overall, the Commission emphasized the importance of City of Boerne Page 5 Printed on 1/23/2025 Planning and Zoning Commission Official Meeting Minutes December 2, 2024 managing growth properly in alignment with the mindset and desires of the Boerne citizens, and what reflects the best interests of the community as a whole. Nathan Crane clarified that they can not develop more than the 209 units, as they are tied to the approved plats. Tyler Cain and Nathan Crane responded to inquiries concerning steep slopes, clarifying that the regulations pertaining to slopes are included in the 2018 zoning ordinance rather than the subdivision ordinance. One of the goals of the city is to preserve areas of steep slope regions, and as such, the master plan showing those areas preserved meets the intent of environmental stewardship. Mick McKamie clarified that under the zoning ordinance only the uses in that zoning category are allowed and nonconforming uses occur if it is in existence (built and in use) the date the zoning is adopted. The lot sizes have to comply with the zoning requirements when they construct in order to obtain building permits. He further clarified that there are provisions for variances that can be obtained from the Zoning Board of Adjustment and Appelas (BOA) on a case by case basis, but not a development as a whole. Emiliano Guerrero, representative with Forestar development, addressed concerns raised regarding the potential replatting of the development site. He explained that replatting at this stage would not be feasible due to the advanced state of construction on the majority of the lots. He noted that significant progress has been made over the past year and a half, with most lots already paved and fully energized with critical infrastructure including water, sewer, and power utilities. Throughout the construction process, Forestar development has engaged in consultations with city staff and emphasized that they have proceeded with the project in good faith, relying on the 2021 development agreement and the subsequent plat approvals granted in 2022. City of Boerne Page 6 Printed on 1/23/2025 Planning and Zoning Commission Official Meeting Minutes December 2, 2024 Josh Valenta, engineer with Matkin Hoover, spoke to why this project was not developed in the city's ETJ; the collector road is a city requirement on the thoroughfare plan and the city does not allow the collector road to be private. The county would not take a collector road so the agreement was necessary as a collector road can not be a private road. The Commission continued to discuss other various zoning categories, various phases that could be zoned differently and reiterated their reservations regarding the density in the proposed zoning. Emiliano indicated that they would like to move forward to City Council consideration one way or the other. A motion was made by Commissioner Hiler, seconded by Commissioner Bird, to make a recommendation to the Boerne City Council to deny a zoning change request from a HOL-Interim zoning district to R2-M Moderate Density Residential Zoning District for a 71.12 acre tract of land, generally located at the southwest intersection of Spencer Ranch and Highway 46, in the City of Boerne, Kendall County, Texas (KAD: 307605; A10360 - Survey 179 Newton & Taylor 71.12 acres). The motion carried by the following vote: Recommendation to Deny: 6-0 Yea - Chairman Bannwolf, Commissioner Hiler, Commissioner Friar, Commissioner Bird, Commissioner Cates, Commissioner Lemoine 5.B. 2024-627 Consider the City of Boerne Planning & Zoning Commission Rules of Decorum and Subcommittee Guidelines. Commissioner Hiler questioned what amendments or changes were made. Mick McKamie, Associate City Attorney, stated that only minor adjustments were made to the draft, primarily aimed at refining the tone of the language, along with the inclusion of a reference to the Open Meetings Act. He further emphasized that there were no alterations City of Boerne Page 7 Printed on 1/23/2025 Planning and Zoning Commission Official Meeting Minutes December 2, 2024 made to the Unified Development Code. The Commission discussed the importance of making sure what is already outlined in the UDC is consistent with these rules of decorum. A motion was made by Commissioner Hiler, seconded by Commissioner Friar, to table the City of Boerne Planning & Zoning Commission Rules of Decorum and Subcommittee Guidelines to have more time to review the rules and guidelines before taking action. The motion carried by the following vote: Tabled: 6-0 Yea - Chairman Bannwolf, Commissioner Hiler, Commissioner Friar, Commissioner Bird, Commissioner Cates, Commissioner Lemoine 6. COMMENTS FROM COMMISSION/LEGAL COUNSEL/STAFF - No discussion or action may take place Commissioner Friar highlighted the exceptional quality and attention to detail in recent email communications from the planning team, indicating a shift towards a more customer focused and customer driven approach that reflects improvements within the department. 6.A. City of Boerne Boards and Commissions Appreciation Open House - December 11th at 6:00 p.m. - 8:00 p.m. at City Hall Lobby. 7. ADJOURNMENT Chairman Bannwolf adjourned the Planning and Zoning Commission at 7:48 p.m. _______________________________ Chairman _______________________________ Secretary City of Boerne Page 8 Printed on 1/23/2025