Min P&Z 8/9/2023PLANNING AND ZONING MEETING
Noble Group Event Center
203 S. Main Street
August 9, 2023
6:30 PM - 10:30 PM
MINUTES
1. Call to Order— Meeting was called to order by the Chairman Ms. Zimmermann at 6:31 p.m.
2. Roll call and Excused Absences — Members Present: Ms. Zimmermann, Ms. Greve, Ms. Garcia,
Mr. Hinze, Ms. Fishback, Ms. Beaver, and Ms. Hubbard. Members Absent: Mr. Garrison.
3. Invocation— Moment of Silence— Invocation was given by Mr. Hinze.
4. Pledge of Allegiance- All in attendance recited the Pledge of Allegiance.
5. Oath of Office —None required at this time.
6. Public Hearing
A. The City of Cibolo Planning and Zoning Commission will conduct a public hearing to hear
public testimony regarding a variance request to UDC Sec. 8.3.2.A.4, to reduce the
transparency requirement from 20% to 9%, for certain real property located at 2432 FM
1103, legally described as Turning Stone Unit -CIO Block 3 Lot 38 2.265 acres.
Chairman Ms. Zimmermann opened the public hearing at 6:36 p.m. Mr. Sager stated that
this is strictly a drive thru there is no service on the inside of the building. The only
individuals inside would be employees or delivery personnel. Mr. Davis wanted to know
how high the facility would be and the traffic flow of the business. Ms. Zimmermann closed
the public hearing at 6:38 p.m.
B. The City of Cibolo Planning and Zoning Commission will conduct a public hearing to hear
public testimony regarding a rezoning for 0.32 acres located at 504 North Main Street,
legally described as LOT 4 ADDN: NORTHSIDE-CIBOLO, from the current zoning of
Medium Density Single -Family Residential (SF -4) District to Community Retail/Service
(C-2) District.
Chairman Ms. Zimmermann opened the public hearing at 6:40 p.m. No one wished to
speak, and MS. Zimmermann closed the public hearing at 6:40 p.m.
C. The City of Cibolo Planning and Zoning Commission will conduct a public hearing to hear
public testimony regarding a rezoning for 5 acres of property located at 322 Grandkid Lane,
legally described as ABS: 210 SUR: JERONIMO LEAL 5.000 acres, from the current
zoning of Low Density Single -Family Residential (SF -2) District to Agricultural —
Homestead District.
Chairman Ms. Zimmermann opened the public hearing at 6:43 p.m. No one wished to
speak, and Ms. Zimmermann closed the public hearing at 6:43 p.m.
D. The City of Cibolo Planning and Zoning Commission will conduct a public hearing to hear
public testimony regarding a rezoning for 5 acres of property located at 210 Tolle Road,
legally described as ABS: 210 SUR: JERONIMO LEAL 5.000 acres, from the current
zoning of Low Density Single -Family Residential (SF -2) District to Agricultural —
Homestead District.
Chairman Ms. Zimmermann opened the public hearing at 6:45 p.m. No one spoke on this
item and Ms. Zimmermann closed the public hearing at 6:45 p.m.
E. 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 Convenience
Storage use for 5.2 acres located south of the intersection of Dobie Boulevard & W.
Borgfeld Road, Property ID 9144902, legally described as: Cibolo Kingdom Hall, Lot 2,
5.2050 acres.
Chairman Ms. Zimmermann opened the public hearing at 6:45 p.m. Mr. VanNest inquired
about the CUP and zoning and if they could be done at the same time. Ms. Zimmermann
closed the public hearing at 6:49 p.m.
The City of Cibolo Planning and Zoning Commission will conduct a public hearing to hear
public testimony regarding a rezoning for 38.43 acres out of ABS: 277 SUR: J N
RICHARDSON 42.561 acres, located at the intersection of FM 1103 and Orth Avenue,
from the current zoning of Neighborhood Commercial (C-1) to Multi -Family (MF -1).
Chairman Ms. Zimmermann opened the public hearing at 6:54 p.m. The following
individuals spoke during this item. Mr. Deboe stated that Foxbrook was not in favor of this
rezoning. He did think multi -family should be located next to homes valued at $600,000.
Mr. Schaezler spoke and stated that this multi -family community would be located very
close to transmission lines. Mr. Schaezler also states that he resides at Warbler Woods and
this construction would be detrimental to the bird sanctuary. Ms. Schaezler thanked all the
board members for their service. She informed the P&Z members that a National Business
Magazine will be doing a story on Warbler Woods and how Covid affected the bird
sanctuary. Ms. Schaezler was against the rezoning as they lack utilities and drainage in this
area. She also states that there are springs in this area that could be affected, schools are
already over -crowded, and traffic is terrible. Ms. Roxann was against the rezoning due to
the traffic. Mr. Foerg spoke in favor of the rezoning. He stated that the developer has held
meetings with those living in the Foxbrook area. They have reached out to the Bird
Sanctuary. Plans have been shared and a traffic study has been done as required. Mr. Foerg
states that this will be a upscaled community and will be good neighbors. Mr. Sherman
stated that a second excess is required, and they have not obtained the easement required.
The meeting held by the developer did not go that great and he and others did not buy -in
to this project. He asks the board not to table this item again but to approve or deny but
make a decision. Mr. McGlothin stated that he came from Portland, and we don't want
what happened there to happen in Cibolo. Mr. McGlothin said that rentals have no
investment in the city, Don't continue to make bad decisions. Ms. Felt stated this does not
make sense as the traffic is horrible. Ms. Bear states that continued outreach to the
community needs to happen as well as trying to get that second excess. Mr. Rush opposes
the rezoning as he states he has lived in neighborhoods next to apartments. Over time these
apartments get rundown which makes the other properties in that area lose property value.
Mr. Friesenhahn asks the question if they are able to rezone how are we guaranteed that
they will build what they stated and showed tonight. He also spoke on the condition of
Dean Road and Green Valley Road. Mr. Antonio opposed the rezoning. He stated that he
was in favor of multi -family but in the right area. Ms. Zimmermann closed the public
hearing at 7:19 p.m.
G. 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 Concrete
Asphalt Batching Plant (Permanent) use for certain real property located at 146 Motts
Parkway, legally described as MOT -17S COMMERCIAL LOT #7 1.97 acres.
Chairman Ms. Zimmermann opened the public hearing at 7:29 p.m. The following
individuals spoke on this item. The following individuals spoke on this item. Mr. Rubio
opposes the CUP because of chemicals, dust, and traffic. Mr. Calhoun lives behind the
concrete plant. He states that the noise at all hours and dust is terrible. He opposes the CUP.
Mr. Schaefer states that his family has owned the property near the concrete plant since
1954. He is opposed to the CUP. Mr. Schaefer has concerns about the water and his well
and concerns about all the chemicals and materials used in concrete. He feels that this plant
poses significant risk to any residents in the area. Mr. Smith is also opposed to the CUP.
Mr. Smith gave a handout to the council on numerous areas of the city code that he feels
that the Superior Ready -Mix Plant is in violation of. Ms. Smith gave her three minutes to
her husband so he could finish his presentation to council on the numerous violations of
the concrete plant. Mr. M. Mott opposes the CUP. He states that he has two lots and can't
even go outside because of the dust and noise. Mr. Loeffler opposes the Cup because of
the noise. He stated that he had called the police numerous times. Mr. Horan stated that
there is a ton of dust coming from the concrete plant. The drainage ditches are also blocked
off due to the plant Ms. Zimmermann closed the public hearing at 7:51 p.m.
7. 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. 1f 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 pcimicsa7,cibolotx.¢ov and
vchapman(a,cibolotx.eov or telephone 210-566-6111 before S:OOpm the date of the meeting.
The following people either spoke or sent an email to be heard during this item. Mr. J. Schlather
and Ms. S. Schlather gave her three minutes to John so he could get all the information he wanted
the P&Z board to have before making a decision. Mr. Schlather stated that the family will be selling
approximately 116 acres, but the family will still keep some property which they plan to live on.
Mr. Schlater did go over developments in the area that had been rezoned to SF -4 previous to include
Mesa Western and Bella Rosa. The P&Z was also informed that no homes would be built in the
flood zone. There will be 49 acres that will still be available for wildlife and there will be no
encroachment on the Tolle Property. A traffic study will be completed. Mr. Schlather stated the
Cibolo CIP will be improving Green Valley Road, Dean Road, and Tolle Road as part of the CIP
project schedule. There will be no entrance to Town Creek Road and no apartments are planned for
this area. This area will be similar to the Mesa Western subdivision. Mr. Schlather is just asking
for equal and fair consideration. Mr. Hinze spoke on the amount of land both he and his brother
own. He stated they deserve their voice to be heard. The family has been good stewards for years.
Mr. Hinze also compared this project to both Mesa Western and Bella Rosa. He asks for no special
treatment, just fair treatment. Mr. Hinze stated that Cibolo is home, and the family just wants to
stay on a portion of this property. Ms. N. Hinze stated she just wants fair treatment. Mr. Sager was
concerned with the possible traffic. Mr. Henry did not see much difference between SF2 and SF4.
Ms. Ashe opposed the rezoning. She stated there would be no more green space. She also said that
they say nothing would be built in the flood plain but how do we know that that will not happen.
Cibolo can't take any more growth without better infrastructure. Ms. Ashe felt that tis was just
greed. The developer makes promises but those promises in many cases never occur. Ms. Jackson
states from a realist perspective we should want SF4. Mr. J. Mott provided pictures of the concrete
plant and the dust and smoke that those around this plant must deal with on a daily basis. He also
stated that TCEQ requested that they correct the damages that was done on his properties. Mr. Mott
said as of the end of July Superior has made no attempt to work with him and clean up their concrete
waste from his property. Mr. McLennan spoke of apartments near Foxbrook. He was opposed to
this development. Mr. McLennan stated that this would serve no purpose other than to house
multiple individuals by adding more children to our already overpopulated schools of which
apartment dwellers don't pay property taxes toward. Mr. Petrossi was in favor of the rezoning of
the Schlather property fromSF2 to S174. He stated that it was a fair and reasonable change and
appropriate for the area. Ms. Fumia was opposed to the rezoning off of FM 1103 for a multiple
family apartment complex. She felt that this would be an intrusion of privacy, which these quiet
residents currently enjoy. Ms. Fumia was also concerned about the increase in traffic. Ms. Brown
was in favor of the Schlather property being rezoned from S172 to S174. She thought that this was a
fair and reasonable change and appropriate for the area. Ms. Tucke was in favor of the rezoning of
the Schlather property from S172 to SF4. Ms. Tovar was opposed to the any permitting of the
concrete batch plant located at 146 Motts Parkway. She stated that this business has not been
respectful of the surrounding property owners as long as it's been operating, They operate at all
hours of the night. Ms. Tovar stated that she is often woken up at night by the noise level of this
business. There are frequent high levels of dust due to their operations and this dust creates a mess
and affects those with allergies. Ms. Knapp stated that she was in favor of the rezoning of the
Schlather property. Ms. Boyers was opposed to the rezoning of property on FM 1103 to a multiple
family complex. She felt it would be an increase in traffic and an additional burden on the school
system. Ms. Dietz stated that she lives only minutes from the Schlather property. She was in favor
of the rezoning of the Schlather property and considered it appropriate for the area. Ms. Strey was
in favor of the rezoning of the Schlather property. Ms. Brown was opposed to the Multi family
housing being considered near Foxbrook near FM 1103 and Dean Road. Mr. Sippel was in favor
of the rezoning of the Schlather property from SF2 to S174. He felt that the new zoning would be
similar to the adjacent properties. He also stated that the Schlathers will continue to live near the
neighborhood that is being developed and remain active members of the community. Ms. James
was opposed to the building of multi -family homes in Cibolo at this time. Mr. Borgfeld was in
favor to the rezoning of the Schlather property from S172 to S174. He felt that it appears to be in
conformity with the development that has taken place in the area. The Schlather family has
supported the growth and development of the City for several generations. Ms. Meraz opposed the
rezoning of property near FM 1103 to multi -family apartments. She opposed the rezoning because
of increased traffic, environmental impact, and emergency access from the property. Mr. Loeffler
was opposed to any permitting for the concrete batch plant located at 146 Motts Parkway. He states
that the business has not been respectful of the surrounding property owners. They operate at all
hours of the night, affecting the sleep of the entire family. We get woken up by back up alarms,
hammering noises, equipment banging against metal and so forth. The Concrete Plant has no
regards to the local neighbors.
8. Consent Agenda
A. Approval of the minutes from the July 12, 2023, Planning & Zoning Commission Meeting.
Ms. Greve made the motion to approve the consent agenda. Motion was seconded by Ms.
Fishback. For: All; Against: None. Motion carried 7 to 0.
9. Discussion/Action Items
A. Discussion/Update on Cibolo Housing 2nd Quarter.
The Planning and Zoning Board received an update on housing in Cibolo for the past
quarter. Chairman Zimmermann stated that she would like to see this update to the Board
on a Quarterly basis.
The Planning and Zoning Commission took a short break at 8:47 p.m. The Board
reconvened into regular session at 8:59 p.m.
B. Discussion/Action and Recommendation to the Mayor and City Council regarding the
Final Plat of Buffalo Crossing II Knights Crossing Subdivision.
Ms. Zimmermann made the motion to recommend to the City Council denial of the Final
Plat of Buffalo Crossing II Knights Crossing Subdivision due to outstanding items. Motion
was seconded by Ms. Greve. For: All; Against: None. Motion carried to deny 7 to 0.
C. Discussion/Action and Recommendation to the Mayor and City Council regarding the
Preliminary Plat of Venado Crossing Unit 5 Subdivision.
Ms. Zimmermann made the motion to recommend to City Council denial of the
Preliminary Plat of Venado Crossing Unit 5 Subdivision due to pending items. Motion was
seconded by Ms. Greve. For: All; Against: None. Motion carried to deny 7 to 0.
D. Discussion/Action and Recommendation to the Mayor and City Council regarding the
Final Plat of Saddle Creek Unit 9 Subdivision.
Ms. Greve made the motion to recommend to the City Council the denial of the Final Plat
of Saddle Creek Unit 9 Subdivision due to pending items. Motion was seconded by Ms.
Zimmermann. For: All; Against: None. Motion carried to deny 7 to 0.
E. Discussion/Action and Recommendation to the Mayor and City Council regarding a
rezoning for 143.059 acres of ABS: 137 SUR: T GARCIA 143.0590 acres, located at the
comer of Town Creek Road and Weidner Rd, from the current zoning of Low Density
Single -Family Residential (SF -2) District to Medium Density Single -Family Residential
(SF -4) District.
Mr. Hinze recused himself from this item and left the room.
Motion was made by Ms. Hubbard to recommend to denial to City Council regarding a
rezoning for 143.059 acres of ABS: 137 SUR: T GARCIA 143.0590 acres, located at the
corner of Town Creek Road and Weidner Rd, from the current zoning of Low Density
Single -Family Residential (SF -2) District to Medium Density Single -Family Residential
(SF -4) District. Motion was seconded by Ms. Zimmermann. Ms. Zimmermann took a roll
call vote. Ms. Zimmermann — Yes, Ms. Greve — Yes, Ms. Garcia — Yes, Ms. Fishback —
Yes, Ms. Beaver— Yes, and Ms. Hubbard — Yes. Motion carried to deny 6 to 0.
Mr. Hinze returned to the room.
F. Discussion/Action and Recommendation to the Mayor and City Council regarding a
variance request to UDC Sec. 8.3.2.A.4, to reduce the transparency requirement from 20%
to 9%, for certain real property located at 2432 FM 1103, legally described as Turning
Stone Unit -CIO Block 3 Lot 38 2.265 acres.
Ms. Greve made the motion to recommend to City Council approval regarding a variance
request to UDC Sec. 8.3.2.A.4, to reduce the transparency requirement from 20% to 9%,
for certain real property located at 2432 FM 1103, legally described as Turning Stone Unit -
C10 Block 3 Lot 38 2.265 acres. Motion was seconded by Ms. Beaver. For: All; Against:
None. Motion carried to approve 7 to 0.
G. Discussion/Action and Recommendation to the Mayor and City Council regarding a
rezoning for 0.32 acres located at 504 North Main Street, legally described as LOT 4
ADDN: NORTHSIDE-CIBOLO, from the current zoning of Medium Density Single -
Family Residential (SF -4) District to Community Retail/Service (C-2) District.
Ms. Greve made the motion to recommend to City Council approval regarding a rezoning
for 0.32 acres located at 504 North Main Street, legally described as LOT 4 ADDN:
NORTHSIDE-CIBOLO, from the current zoning of Medium Density Single -Family
Residential (SF -4) District to Community Retail/Service (C-2) District. Motion was
seconded by Ms. Beaver. For: All; Against: None. Motion carried to approve 7 to 0.
H. Discussion/Action and Recommendation to the Mayor and City Council regarding a
rezoning for 5 acres of property located at 322 Grandkid Lane, legally described as ABS:
210 SUR: JERONIMO LEAL 5.000 acres, from the current zoning of Low Density Single -
Family Residential (SF -2) District to Agricultural —Homestead District.
Ms. Zimmermann made the motion to recommend to City Council approval regarding a
rezoning for 5 acres of property located at 322 Grandkid Lane, legally described as ABS:
210 SUR: JERONIMO LEAL 5.000 acres, from the current zoning of Low Density Single -
Family Residential (SF -2) District to Agricultural — Homestead District. Motion was
seconded by Ms. Hubbard. For: All; Against: None. Motion carried to approve 7 to 0.
I. Discussion/Action and Recommendation to the Mayor and City Council regarding a
rezoning for 5 acres of property located at 210 Tolle Road, legally described as ABS: 210
SUR: JERONIMO LEAL 5.000 acres, from the current zoning of Low Density Single -
Family Residential (SF -2) District to Agricultural — Homestead District.
Ms. Greve made the motion to recommend to City Council approval regarding a rezoning
for 5 acres of property located at 210 Tolle Road, legally described as ABS: 210 SUR:
JERONIMO LEAL 5.000 acres, from the current zoning of Low Density Single -Family
Residential (SF -2) District to Agricultural — Homestead District. Motion was seconded by
Ms. Zimmermann. For: All; Against: None. Motion carried to approve 7 to 0.
J. Discussion/Action and Recommendation to the Mayor and City Council regarding
Conditional Use Permit (CUP) request to allow Convenience Storage use for 5.2 acres
located south of the intersection of Dobie Boulevard & W. Borgfeld Road, Property ID
#144902, legally described as: Cibolo Kingdom Hall, Lot 2, 5.2050 acres.
Mr. Hinze made the motion to recommend to City Council approval regarding Conditional
Use Permit (CUP) request to allow Convenience Storage use for 5.2 acres located south of
the intersection of Dobie Boulevard & W. Borgfeld Road, Property ID 4144902, legally
described as: Cibolo Kingdom Hall, Lot 2, 5.2050 acres. Motion was seconded by Ms.
Zimmermann. For: All; Against: None. Motion carried to approve 7 to 0.
K. Discussion/Action and Recommendation to the Mayor and City Council regarding a
rezoning for 38.43 acres out of ABS: 277 SUR: J N RICHARDSON 42.561 acres, located
at the intersection of FM 1103 and Orth Avenue, from the current zoning of Neighborhood
Commercial (C-1) to Multi -Family (MF -1).
Mr. Hinze made the motion to recommend to City Council to deny the request regarding a
rezoning for 38.43 acres out of ABS: 277 SUR: J N RICHARDSON 42.561 acres, located
at the intersection of FM 1103 and Orth Avenue, from the current zoning of Neighborhood
Commercial (C-1) to Multi -Family (MF -1). Motion was seconded by Ms. Garcia. For: Mr.
Hinze, Ms. Garcia, Ms. Fishback, and Ms. Greve; Against: Ms. Zimmermann, Ms. Beaver,
and Ms. Hubbard. Motion carried 4 to 3 to deny the rezoning.
L. Discussion/Action and Recommendation to the Mayor and City Council regarding
Conditional Use Permit (CUP) request to allow Concrete Asphalt Batching Plant
(Permanent) use for certain real property located at 146 Motts Parkway, legally described
as MOTT'S COMMERCIAL LOT 47 1.97 acres.
Ms. Zimmermann made the motion to recommend to City Council to deny the request
regarding Conditional Use Permit (CUP) request to allow Concrete Asphalt Batching Plant
(Permanent) use for certain real property located at 146 Motts Parkway, legally described
as MOTT'S COMMERCIAL LOT #7 1.97 acres. Motion was seconded by Ms. Beaver.
For: All; Against: None. Motion carried to deny 7 to 0.
10. UDC, CIP, Master Plan and Staff Updates
Staff went over the updates and upcoming meetings.
11. Items for future agendas
The Planning and Zoning Commission would like to have at a future meeting an update on
all the CIP Projects.
12. Adjournment
Ms. Zimmermann made the motion to adjourn the meeting at 10:26 p.m. Motion was
seconded by Ms. Garcia. For: All; Against: None. Motion carried 7 to 0.
PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER 2023.
Ms. Zimme ann L�
Chairman
Planning akd2dining Commission