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Min P&Z 5/10/2023PLANNING AND ZONING MEETING 200 S. Main Street May 10, 2023 6:30 PM -10:30 PM Minutes 1. Call to Order — Meeting was called to order by Vice Chairman Ms. Greve at 6:35 p.m. 2. Roll call and Excused Absences — Members Present: Ms. Greve, Mr. Cooper, Mr. Rayl, Mr. Garrison, Ms. Beaver, Mr. Hinze, and Ms. Hubbard. Members Absent: Ms. Zimmermann and Ms. Garcia. Mr. Garrison made the motion to excuse the absence of both Ms. Zimmermann and Ms. Garcia. Motion was seconded by Ms. Beaver. For: All; Against: None. Motion carried 7 to 0. 3. Invocation — Moment of Silence — Invocation was given by Mr. Hinze. 4. Pledee of Alleeiance — All in attendance recited the Pledge of Allegiance. 5. Public Hearines A. The City of Cibolo Planning and Zoning Commission will hold a public hearing to hear public testimony regarding a Conditional Use Permit (CUP) request to allow Manufactured Home Residential for certain real property located at 1442 Haeckerville Road. Ms. Greve opened the public hearing at 6:38 p.m. Ms. Latimer spoke on the difference between a manufactured home vs a modular home. Ms. Clark stated that this land has been in the family for over 80 years. It is still used as farm land. She is just trying to put a home on the property to help take care of her elderly parents. Ms. Greve closed the public hearing at 6:41 p.m. B. The City of Cibolo Planning and Zoning Commission will hold a public hearing to hear public testimony regarding a variance request, from UDC 17.1 (L), to eliminate the 20' landscaping buffer requirement between the FM 1103 Retail Project (Mesa @ Turning Stone C7 Block 11, Lot 4) and the residential properties to the northeast (Mesa @ Turning Stone Unit 5, Block 2, Lots 49-52 & 901), for certain real property located at 2662 FM 1103. Ms. Greve opened the public hearing at 6:41 p.m. Ms. Bernal stated that she wants to put trees in but was unable to because of the buffer. Wanted to see if something else could be placed there instead of trees. Mr. McGlothlin stated that the neighborhood was built in 2018. The buffer was placed there for a reason and should not be changed. Ms. Latimer stated that maybe the city could let the business provide trees that have no roots. Mr. Low said no mailers were given out on this subject. He said the buffer should not be taken away and that the business should be looking at the code. Runoff would be a problem if the buffer was taken. Ms. Greve closed the public hearing at 6:53 p.m. C. The City of Cibolo Planning and Zoning Commission will conduct a public hearing to hear public testimony regarding a rezoning of the following properties: 615 N Main Street, 613 N Main Street, 611 N Main Street, 609 N Main Street, 607 N Main Street, 605 N Main Street, 603 N Main Street, and 601 N Main Street, 599 N Main Street, 597 N Main Street, 595 N Main Street, 593 N Main Street, and 101 Buffalo Trail, from the current zoning of High Density Residential (SF -6) to Neighborhood Commercial (C-1). Ms. Greve opened the public hearing at 6:53 p.m. Mr. Hughes stated that he is fine with HEB. He opposes the rezoning from residential to commercial. When they tear down the home's lights, trash, and water will affect his home and many others. He loves Cibolo and wants to keep it as it is — no changes. Ms. Latimer said that we need to look at FLUM. The FLUM calls for 80 — 86 ft wide streets. Main Street is only 66 ft wide. Commercial belongs on major roads like FM 78, FM 1103, and Cibolo Valley Drive. Ms. Latimer states it knows seems like you are trying to destroy a neighborhood. Some homes on N. Main St. are in the flood plain. Ms. Carrol established home in 1961. In 2010 Cibolo Valley Drive was extended and there has been much more traffic on Main Street. Mr. Toliver is not a party of the C-3 zoning and feels that the zoning should be stepped down. He stated that he had talked with neighbors that do not have a contract on their homes at this time. Owner 613 N. Main. Wanted to know who put us in this situation. Talked about councilmembers that had servedon the P&Z and UDC in the past that had time to change the FLUM. Talked about not having the ability to get out of his driveway. He is sandwich between commercial on Cibolo Valley Drive and commercial on FM 78. He also stated that he never received notice that HEB was being built. Ms. Singer states that she has lived in Cibolo for over 50 years. There were 800 people at that time, now there are over 30,000 individuals. She said that they put in a circular driveway just to be able to get out of their home as it is so dangerous to backout. She states she likes what going on downtown, Walmart — HEB. Our properties are prime for commercial, and it would also benefit the city. Ms. Willy states that she has been in Cibolo since 1984. She opposes the rezoning of residential to commercial on Main Street. She states that they bought their homes as residential. Those of us behind those homes have raised are kids and we don't have the ability to move. If commercial was built, we would have trash, trucks, and flooding. Ms. McGlothlin states tht there is nothing they can do as they can't build a wall in front of their homes. The homes behind us have the ability to have a wall built. She talked about the trash from HEB (which the homes have to pick up), the traffic, and the speeding of cars at all hours of the day and night. She stated that they knew HEB was being built but thought they had several more years before that would happen. We have bright lights shining in our homes all the time. Mr. Gomain said that those on Main Street have nothing to protect us as the people behind them do. Before we had cows gazing in the field, now we have bright lights shining in our homes. The people behind us need to have a 20ft wall to protect them. Ms. Sherwood opposes the rezoning to commercial. She stated that maybe HEB should not have been built. She also states that her mother does matter, and her home was built as a neighborhood. We don't want to move. She said that everyone involved in this rezoning is in a dilemma. Ms. Novar is concerned about safety, traffic, and noise. Mr. Burks stated it is dangerous living on a street with all the traffic. He also said that the trash and lighting shining into homes is an issue. Mr. Gregorio is a realtor for the following homes (595, 593 Main St and 101 Buffalo Trail). These homes want to be commercial — it is necessary to move as they no longer have a peaceful environment. Mr. Hood listed many types of businesses tht could go into a C -I commercial zoning. He also stated never received any notice of the rezoning. He understands safety concerns and traffic. Traffic will only increase if we have more commercial zoning. Commercial brings more noise, garbage, rats, and trash. Wants to know timeframe if C-1 is approved. He realizes this is a difficult situation for all and what will happen to the property value of the homes behind the houses on Main Street. Mr. Loman said that he understands those residents on Main Street. Traffic is only going to become worse with more commercial zoning. Mr. McGlothlin stated that the future of Main Street changed when HEB was built. These home on Main street are unable to get out of their properties. Understands it will go to the council and knows that some will vote against it. Mr. Beck has concerns just as well as those behind him. His house is directly across from the in & out from HEB on the Main Street side. We pick up the trash from HEB all the time. The city needs to do the best thing for those behind the homes on Main Street. Mr. Del Toro safety is a concern. Notification is not done correctly they should be sent out certified mail. Ms. DiCarlo opposed the rezoning. Stated that she worked hard for what we have. Just trying to live a safe and peaceful life. She stated don't money first. She had pictures of backyard flooding, and it will only get worse if more commercial is allowed on Main Street. Ms. Greve closed the public hearing at 8:44 p.m. Ms. Greve called a recess at 8:45 p.m. for ten minutes. Ms. Greve called the meeting back to order at 8:54 p.m. 6. Citizens to be Heard This is the only time during the Meeting that a citizen can address the Commission. It is the opportunity for visitors and guests to address the Commission on any issue to include agenda items. All visitors wishing to speak must fill out the Sign -In Roster prior to the start of the meeting. The Commission may not debate any non -agenda issue, nor may any action be taken on any non -agenda issue at this time; however, the Commission may present any factual response to items brought up by citizens. (Attorney General Opinion - JC -0169) (Limit of three minutes each.) All remarks shall be addressed to the Commission as a body. Remarks may also be addressed to any individual member of the Commission so long as the remarks are (i) about matters of local public concern and (ii) not disruptive to the meeting or threatening to the member or any attendee. Any person violating this policy may be requested to leave the meeting, but no person may be requested to leave or forced to leave the meeting because of the viewpoint expressed. This meeting is livestreamed. If anyone would like to make comments on any matter regarding the City of Cibolo or on an agenda item and have this item read at this meeting, please email pcimics6iMbolotx.eov or telephone 210-566-6111 before S:OOpm the date of the meeting. The following individuals spoke at Citizens to be Heard — Mr. Harper stated that he would be submitting a variance (Haeckerville Rd). Ms. Kennedy states that the homes behind them say they will face the same problem. This is not true as they don't have to pull out with all the traffic on Main Street. Ms. Willy stated that maybe speed bumps could be put in on Main Street and have HEB dim their lights. Ms. Sherwood stated that she does not understand the Flood Map. Ms. McGlothlin stated that those behind us have peaceful use of their property, why not us. Mr. McGlothlin said a 20 -foot buffer for those behind us than why not us. Cars can sit at HEB and look at what goes on in our homes. Ms. Latimer said there is no solution but being across the street is better than being butted up to commercial. The City Secretary read the following emails that were sent in — Mr. Lewis opposed the request for a variance to eliminate the 20' landscape buffer backing up to Mesa. Mr. Himelrick objects to any waiver of the 20ft buffer at Mesa. The 5 ft Mesa stone wall will not reduce any noise level. Mr. Kaplan opposed the 20 ft landscaping buffer is not too much to ask for the residents of this neighborhood. Mr. Cracknell owner of home on Main St. states that he purchased the property a couple years ago unaware that a pending HEB was to be built. Things have changed as they now have light shining on the property and backing out is no easy task. Safety is a concern of the children. Vote in favor of rezoning the Main Street properties that are being directly harmed by this situation. 7. Consent Agenda A. Approval of the minutes from the April 12, 2023, P&Z Commission Meeting. Ms. Beaver made the motion to approve the consent agenda. Motion was seconded by Mr. Garrison. For: All; Against: None. Motion carried 7 to 0. 8. Discussion/Action Items A. Discussion/Action and Recommendation to the Mayor and City Council regarding a Conditional Use Permit (CUP) request to allow Manufactured Home Residential for certain real property located at 1442 Haeckerville Road. Mr. Rayl made the motion to recommend to the City Council approval of the requested Conditional Use Permit (CUP) request to allow Manufactured Home Residential for certain real property located at 1442 Haeckerville Road. Motion was seconded by Mr. Garrison. For: All; Against: None. Motion carried 7 to 0. B. Discussion/Action and Recommendation to the Mayor and City Council regarding a variance request, from UDC 17.1 (L), to eliminate the 20' landscaping buffer requirement between the FM 1103 Retail Project (Mesa @ Turning Stone C7 Block 11, Lot 4) and the residential properties to the northeast (Mesa @ Turning Stone Unit 5, Block 2, Lots 49-52 & 901), for certain real property located at 2662 FM 1103. Ms. Greve made the motion to table this item until the next meeting. Motion was seconded by Mr. Garrison. For: Ms. Greve, Mr. Rayl, Mr. Garrison, Ms. Beaver, Mr. Hinze, and Ms. Hubbard; Against: Mr. Cooper. Motion carried 6 to 1 C. Discussion/Action and Recommendation to the .Mayor and City Council regarding a rezoning of the following properties: 615 N Main Street, 613 N Main Street, 611 N Main Street, 609 N Main Street, 607 N Main Street, 605 N Main Street, 603 N Main Street, and 601 N Main Street, 599 N Main Street, 597 N Main Street, 595 N Main Street, 593 N Main Street, and 101 Buffalo Trail, from the current zoning of High Density Residential (SF -6) to Neighborhood Commercial (C-1). Mr. Hinze made the motion to recommend approval to the City Council regarding a rezoning of the following properties: 615 N Main Street, 613 N Main Street, 611 N Main Street, 609 N Main Street, 607 N Main Street, 605 N Main Street, 603 N Main Street, and 601 N Main Street, 599 N Main Street, 597 N Main Street, 595 N Main Street, 593 N Main Street, and 101 Buffalo Trail, from the current zoning of High Density Residential (SF -6) to Neighborhood Commercial (C-1). Motion was seconded by Mr. Cooper. For: Mr. Hinze, Mr. Cooper, and Ms. Beaver; Against: Mr. Garrison, Ms. Greve, Mr. Rayl, and Ms. Hubbard. Motion failed 3 to 4. Ms. Greve made the motion to recommend denial to the City Council regarding a rezoning of the following properties: 615 N Main Street, 613 N Main Street, 611 N Main Street, 609 N Main Street, 607 N Main Street, 605 N Main Street, 603 N Main Street, and 601 N Main Street, 599 N Main Street, 597 N Main Street, 595 N Main Street, 593 N Main Street, and 101 Buffalo Trail, from the current zoning of High Density Residential (SF -6) to Neighborhood Commercial (C -I). Motion was seconded by Mr. Garrison. For: Mr. Garrison, Ms. Greve, Mr. Rayl, and Ms. Hubbard; Against: Mr. Hinze, Mr. Cooper, and Ms. Beaver. Motion carried 4 to 3. D. Discussion/Action and Recommendation to the Mayor and City Council regarding the Final Plat for Legendary Trails Unit 4. Ms. Beaver made the motion to recommend denial to the City Council regarding the Final Plat for Legendary Trails Unit 4. Motion was seconded by Ms. Greve. For: All; Against: None. Motion carried 7 to 0. E. Discussion/Action and Recommendation to the Mayor and City Council regarding the Final Plat of Bella Rosa Unit 3. No action taken. 9. UDC, CIP, Master Plan and Staff Updates —Staff had included all updates in the packet. 10. Items for future agendas — Ms. Beaver just made a statement that she has heard over and over again on notices and then getting responses back. Can we just maybe look at are procedures or processes to see if we can do anything different. 11. Adiournment Ms. Greve made the motion to adjourn the meeting at 10:26 p.m. Motion was seconded by Mr. Garrison. For: All; Against: None. Motion carried 7 to 0. AND APPROVED THIS 14TH DAY OF NNE 2023.