Planning and Zoning Committee

PLANNING AND ZONING COMMISSION AGENDA REGULAR MEETING TUESDAY FEBRUARY 4, 2020 6:00 PM BOARD MEMBERS: Matthew Visel-Chair Gilbert Limones Lydia Moss Jimmie Raines Rosemberg Risa III Joe Suarez Walter Tidwell Jose Saucedo-Alt. Susan Anderson-Director of Planning & Community Dev. Page 1 of 13  NOTICE OF A REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF UVALDE, TEXAS Notice is hereby given of the regular meeting of the Planning and Zoning Commission of the City of Uvalde, Texas, to be held Tuesday, February 4, 2020 at 6:00 P.M., in the City Council Chambers 2nd floor of City Hall, 101 East Main St., Uvalde, Texas for the following purpose: Page I CALL MEETING TO ORDER II APPROVAL OF MINUTES Consider and act on the approval of the Planning and Zoning minutes from the January 07, 2020 meeting. 3-6 P&Z Minutes 01-07-2020 III PUBLIC HEARING AND ZONING MATTERS Citizens who would like to come before the board are to limit their presentations to no more than three (3) minutes. IV CASE FILE 5-20PZ Open a public hearing to consider and act on the request of Andy Gonzales, applicant, to change the zone from Residential 1 to Residential 4. Mr. Gonzales would like to build apartment homes on this property. The property is located at 371 White Lane, Abstract 0215 Survey 71 1.95, City of Uvalde, Uvalde County Texas. a.) Staff Report b.) Open a Public Hearing c.) Citizens Comments d.) Close Public Hearing e.) Reconvene meeting for discussion and decision on application 7 - 13 Case#5-20PZ-A. Gonzales V ADJOURNMENT Certificate: I certify that the above and foregoing notice was posted in compliance with 551.043, Texas Government Code at 9:00 a.m., Friday January 31, 2020. Page 2 of 13  MINUTES Planning and Zoning Commission Meeting 6:0PM - Tuesday January 7, 2020 City Hall-Council Chambers 101 E. Main St. Uvalde, TX 78801 The Planning and Zoning Commission meeting of the City of Uvalde was called to order on Tuesday January 7, 2020, at 6:00PM in the City Hall-Council Chambers, with the following members present: COMMISSIONERS Matthew Visel-Chair PRESENT: Gilbert Limones Lydia Moss Jimmie Raines Joe Suarez Walter Tidwell Jose Saucedo-Alt. COMMISSIONERS Rosemberg Risa III ABSENT: STAFF PRESENT: Susan Anderson, Director of Planning and Development Jovita Maldonado, Code Enforcement Officer Sorayda A. Sanchez, City Secretary 1. CALL MEETING TO ORDER 2. APPROVAL OF MINUTES Approval of December 3, 2019 minutes. Motion to approve December 3, 2019 minutes made by Commissioner Lydia Moss. Motion seconded by Commissioner Jimmie Raines. Motion carried 6-0. 3. PUBLIC HEARING AND ZONING MATTERS Citizens who would like to come before the board are to limit their presentations to no more than three (3) minutes. 4. CASE FILE 1-20PZ Open a public hearing to consider and act on the request of Sergio Rosas and Jennifer Ybarra, applicants, to change the zone from Residential 3 to Residential 5. They would like to install a manufacture home on this property. The property is located at 218 Shook Street, Shook Subdivision, Block 14, Lot 9, 10, City of Uvalde, Uvalde County Texas. a) Staff Report b) Open a Public Hearing Page Page31ofof13 4  c) Citizens Comments d) Close Public Hearing e) Reconvene meeting for discussion and decision on application. Director of Planning and Development Susan Anderson explained that the property is located on Shook St. The block where the property is located and the blocks on each side of the property are zoned R3, there is one small section of R5 housing on Boone St. Mrs. Anderson refreshed everyone's memory on manufactured homes, the HUD has determined the status of a manufactured home. A manufactured home is meant to be transported on wheels and the wheels removed once it is in place. The difference between a manufactured and a modular home is that a modular home is not meant to be moved more than once. Code Enforcement Officer Jovita Maldonado explained that 31 certified letters were mailed, 20 green cards were signed (received), 9 unclaimed, 2 not received. Ms.Maldonado did receive several letters that were both for and against. Public hearing opened at 6:04PM Sergio Rosas property owner would like to go this route because it is the most affordable option. Jennifer Ybarra property owner reiterated Mr. Rosas' comment. Commissioner Jimmie Raines asked what type of manufactured home it would be. Mr. Rosas responded that it would be a double wide. Commissioner Walter Tidwell asked if anyone from staff explained the process to the property owners as he would hate for property owners to pay the permit fee and not be approved. Ms. Maldonado mentioned that as staff she did inform property owners of the zoning issues and explained that this might not pass because it is in between R3 zone. Commissioner Gilbert Limones asked if this would be the primary home for the property owners, to which property owners answered yes. Neighbor Israel Alba resident of 224 Shook St. mentioned that he is not against the zone change. Neighbor Agustin Garcia resident of 210 Shook St.is against the zone change. Neighbor Gina Juarez resident of 231 Prairie St. is against zone change. Neighbor Esperanza Juarez resident of 231 Prairie St. is also against zone change as she feels the zone change may affect the property taxes and fears that eventually the zone change could result in a "trailer park". Public hearing closed at 6:14PM Motion to deny zone change made by Commissioner Joe Suarez. Motion second by commissioner Jimmie Jimmie Raines. Commissioner Lydia Moss opposed the motion. Motion carried 5-1. 5. CASE FILE 2-20PZ Open a public hearing to consider an act on the request of Victor DeHoyos & Cindy DeHoyos, applicants, to change the zone from Residential 2 to Residential 4. They would like to build apartments in the back of the main house. The property is located at 337 West Oak Street, Crisp Subdivision, Block A, Lot 11, City of Uvalde, Uvalde County Texas. a) Staff Report b) Open a Public Hearing c) Citizens Comments d) Close Public Hearing e) Reconvene meeting for discussion and decision on application. Director of Planning and Development Susan Anderson explained that the property is located on the corner of Crisp St. and Oak St. The lot is currently zoned R2 and the rest of the block is zoned R1. There may be several properties in the area that have an accessory dwelling unit on the property. Code Enforcement Officer Jovita Maldonado explained that 24 certified letters were mailed, 20 green cards were signed (received), and 4 not returned. Public hearing opened at 6:17PM Page Page42ofof13 4  Property owner Victor DeHoyos explained that he is hoping to build four, two bedroom apartments on the property. Mr. DeHoyos mentioned that he was informed that the rest of the block was zoned for multifamily except for one of his lots. Mr. DeHoyos explained that he would follow all building guidelines when constructing the apartments. Public Hearing closed at 6:22PM Motion to deny zone change made by Commissioner Jimmie Raines. Motion seconded by Commissioner Gilbert Limones. Motion carried 6-0. 6. CASE FILE 3-20PZ Open a public hearing to consider and act on the request of City Staff to amend Title 17 Zoning in regards to Home Occupations. a)Staff Report B) Discussion and decision on amendments. Director of Planning and Development Susan Anderson explained that this ordinance is to address some clerical issues. When the International Zoning Code was adopted there were two sections on home occupation. This ordinance will eliminate what is in our ordinance and have staff use what is on the International Zoning Code. Public Hearing opened at 6:26PM Public Hearing closed at 6:26PM Motion to approve ordinance made by Commissioner Walter Tidwell. Motion seconded by Commissioner Joe Suarez. Commissioner Gilbert Limones opposed. Motion carried 5-1. 7. CASE FILE 4-20PZ Open a public hearing to consider and act on the request of City Staff to amend Chapter 17.20, Section 17.20.010 E. regarding R-5 District Uses. a)Staff Report B) Discussion and decision on amendments. Director of Planning and Development Susan Anderson explained that this is something that has come up. It is not always a problem, however there have been issues in the past. During the Eagle Ford Shale boom there were issues with RV homes. Quail Springs has a waiting list and there are not places in the city that allow RVs. This ordinance will allow RVs in a mobile home park temporarily. Commissioner Gilbert Limones is concerned with the lighting, especially when it comes to RV parks. He is also concerned with the time frame and how that will be monitored. Mrs. Anderson explained that staff is aware of those issues and will look into them in the future. Public Hearing opened at 6:34PM Public Hearing closed at 6:35PM Motion to deny ordinance made by Commissioner Jimmie Raines. Motion seconded by Commissioner Gilbert Limones. Commissioner Walter Tidwell opposed. Motion carried 5-1. 8. ADJOURNMENT Motion to adjourn made by Commissioner Gilbert Limones. Motion seconded by Commissioner Joe Suarez. Motion carried 6-0. Meeting adjourned at 6:36PM. Board Chair Page Page53ofof13 4 City Secretary Page Page64ofof13 4 Page 7 of 13  CASE SUMMARY CASE FILE # 5-20PZ SITUS: 371 White Lane LEGAL DESCRIPTION: Abstract 0215 Survey 71 1.95. CASE PETITION: Request of Andy Gonzales, applicant, to change the zone from Residential 1 to Residential 4. Mr. Gonzales would like to build apartment homes on this property. The property is located at 371 White Lane, Abstract 0215 Survey 71 1.95, City of Uvalde, Uvalde County Texas. Arial View This is zone as a Residential 1. See Street view on back of paper. Page 8 of 13 Page 9 of 13  Street View There were 23 certified letters mailed out (including owners). 11 green cards received signed. 2 letters received unclaimed. 10 green cards or letters not received Received Reply’s: 1 – Agree – Disagree Page 10 of 13 Page 11 of 13 Page 12 of 13  3 71W hiteL n-A ndyG onz a le s 1 841 0 1 277 5 1 832 2 1 220 91 1 2587 1258 8 1 832 2 1258 9 1259 0 1 832 2 1 259 1 12 582 125 83 1 2584 1 2585 1 822 9 1 2586 1 847 7 1 828 9 1 228 03 1 830 1 1 831 8 18 310 1 822 8 1 831 1 183 12 18 313 1 831 4 1 831 6 1 831 7 1 830 9 1 830 8 183 15 18 307 18 306 1 830 5 1 830 4 1 822 7 1 830 3 1 009 3 1 /18 /20 20,1 :21 :16P M 1 :2,2 57 Page 13 of 13 0 0 .01 0 .03 0 .06m i P arc e ls 0 0 .03 0 .05 0 .1k m b Astra cts S o s E u rc e ri Ja s :E pan s ,M ri, H E E T R ,G E I, E rm a ri C s h in in ,US a(H o G n S gK te , In on rm g ap ), E s , INC ri K o RE re a MN E ,Es TP ,N ri (Th a R C ila n a d n, ), U vald eCo untyA ppra isalD is tric t,B o ISCns u ltin g-w ww.b isc o n sultin g.c o m D is cla ime r:T hisp rod uctisfo rin form atio nalp urp oseso nlya ndh asn otb eenp rep are dfo rorb esuita blefo rle gal,e ngin eerin g,o rsurv e y ingp urp oses .Itd oesn otre pre sen tano n-th e-g rou nds u rv e ya ndre pre sen tso nlyth eap pro xim atere lativ elo catio nofb oun darie s.