Planning and Zoning Committee

MINUTES Planning and Zoning Commission Meeting 6:00PM - Tuesday June 1, 2021 City Hall-Council Chambers 101 E. Main St. Uvalde, TX 78801 The Regular Meeting of the Planning and Zoning Commission was called to order on Tuesday June 1, 2021 at 6:00PM, in the City Hall Council Chambers, with the following members present: COMMISSIONERS Matthew Visel-Chair PRESENT: Lydia Moss Rosemberg Risa III Joe Suarez Walter Tidwell COMMISSIONERS Gilbert Limones ABSENT: Jimmie Raines Regina Santos-Aviles-Alt. Jose Saucedo-Alt. STAFF PRESENT: Susan Anderson-Director of Planning and Development Jovita Maldonado-Code Enforcement Officer Sorayda A. Sanchez-City Secretary I. CALL MEETING TO ORDER II. APPROVAL OF MINUTES Consider and act on the approval of the May 4, 2021 Regular Planning and Zoning Commission meeting minutes. Motion to approve the minutes of the May 4, 2021 Regular Planning and Zoning Commission meeting made by Commissioner Walter Tidwell. Motion seconded by Commissioner Joe Suarez. Motion carried 4-0. 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 11-21PZ IV. Open a public hearing to consider and act on the request of Hector T Moreno, applicant, for a subdivision from 1 lot to 2 lots. Mr. Moreno would like to place a Food/Taco Mobile Unit on the property that will be subdivides into an empty lot. The property is located behind 444 Florence St, NCB 23, Page 1 of 4  Merritt (Cummings) Subdivision, Block 2, Lot A, City of Uvalde, Uvalde County Texas. Susan Anderson, Director of Planning and Development explained that at last months meeting there was a case for a property located two doors to the north of this property. As discussed last month, this area on our Future Land Use Map is a mixed use area. This is a very deep lot that faces onto Florence St. and there is a house that faces Florence St. Backing up to that lot, there is a place that works on cars, so there are some commercial uses there. Mr. Moreno would like to divide the lot into two lots so that the house can remain on the front and can be used as a business use on the back. Last month, the person applying for business change just down the street had some concerns about water. Staff is currently working with that owner to provide water and staff can work with Mr. Moreno to provide water as well. Commissioner Walter Tidwell asked if the house met all the setback requirements, Mrs. Anderson explained that it does meet all setback requirements. Commissioner Rosemberg Risa III asked if the setback requirements would met even if the taco stand is no longer there. Mrs. Anderson explained that all setbacks would be met. Public hearing opened at 6:04PM Property owner Hector Moreno explained to Commissioners that he is requesting a subdivision of the property. Mr. Moreno would like to place a taco food truck on the property. Public hearing closed at 6:09PM Motion to approve subdivision request made by Commissioner Rosemberg Risa III. Motion seconded by Commissioner Lydia Moss. Motion carried 4-0. V. CASE FILE 12-21PZ V. Open a public hearing to consider and act on the request of Hector T Moreno, applicant, for a zone change from Residential 2 to Business 2. Mr. Moreno would like to place a Food/Taco Mobile Unit. The property is located at 444 Florence St, NCB 23, Merritt (Cummings) Subdivision, Block 2, Lot A, City of Uvalde, Uvalde County Texas. Susan Anderson, Director of Planning and Development explained that this is the same property requesting a subdivision. Now that the subdivision request has been approved, the zone change can be requested. Staff does not have a problem with zone change as several existing businesses are in the area. Jovita Maldonado, Code Enforcement Officer stated she mailed 9 letters, 5 received, and 0 objections. Public hearing opened at 6:12PM Public hearing closed at 6:13PM Motion to approve made by Commissioner Joe Suarez. Motion seconded by Commissioner Walter Tidwell. Motion carried 4-0. VI. CASE FILE 13-21PZ VI. Open a public hearing to consider and act on the request of Vicente Gonzales, applicant, for a zone change from Residential 1 to Residential 5. Mr. Gonzales would like to rezone the property into Residential 5 to allow manufactured homes on the lots. The property is located at 401 S Claudia St, NCB 215 Abstract 215 Survey 71 3.45, City of Uvalde, Uvalde County Texas. Page 2 of 4  Susan Anderson, Director of Planning and Development explained to Commissioners that she has been working with Vicente Gonzales, property owner on this case. Mr. Gonzales provided a plat that shows there are four lots that run with alley to the back and a street to the front. Since those were existing lots on that plat, this would have just been a matter of re-zoning. However, since staff does not have a copy of the actual filed plat with the county, commissioners have two options on this case. The first is commissioners can table this case and proceed when the copy of the plat is received by staff, or approve contingent that staff receives a copy of the filed plat with the county. Staff searched for a plat on file that matched the plat provided, but there is no copy for staff. Matthew Visel asked if any letters were mailed. Jovita Maldonado, Code Enforcement Officer stated, 21 certified letters were mailed, 19 received, 2 have not been received, 1 against, and several individuals present. Public hearing opened at 6:15PM Vicente Gonzales, property owner explained that there are three tracts of land and he is trying to change part of it. There is a street that is assigned to it and lots are facing that street. He is requesting a zone change to Residential 5. Commissioner Matthew Visel asked if there are any mobile home units in the area. Jovita Maldonado, Code Enforcement Officer stated that there are several on San Diego Street, west of the property. Ervey Perez resident of 310 San Diego stated that his property backs directly into Mr. Gonzales' property. Mr. Perez is against the zone change. Mr. Perez stated that there is a lot of crime and drug activity in the area. He feels that by adding more manufactured homes to the area the crimes will increase. Americo Perez, resident of San Diego Street stated that Mr. Gonzales can do what he wishes with his property. Mr. Perez is just asking that an 8ft. privacy fence be built to keep crime from crossing over. Jennifer Perez resident of 310 San Diego Street. Mrs. Perez stated that the crime in the area is bad, and that she does not want the crime to cross over to to her neighborhood. She states that she has witnessed illicit activity take place on Mr. Gonzales' property. For that reason, she is against the zone change. Efrain Perez owns the property located on 1131 W. Main St., property is catty corner to the property in question. Mr. Perez states that what Mr. Gonzales did on the property next to the State Wide Terminal is an eyesore. The homes Mr. Gonzales placed on the property have really run the area down. The property Mr. Gonzales owns behind his home, has travel trailers, and whatever he could find that has a roof with windows. Its very poor living conditions for his renters. Mr. Gonzales provides poor quality homes for his tenants. Mr. Perez would not be opposed to the zone change if Mr. Gonzales would establish a legitimate neighborhood with homes and streets. Instead, Mr. Gonzales continues to depreciate the value of his property and the property of his neighbors. Public hearing closed 6:27PM Motion to table made by Commissioner Walter Tidwell. Motion seconded by Commissioner Joe Suarez. Motion carried 4-0. VII. CASE FILE 14-21PZ VII. Open a public hearing to consider and act on the request of Carlos Garza, owner, represented by Joaquin Cavazos of Rakowitz Engineering & Surveying. He would like to subdivide 22.57 acres into 3 commercial lots. The property is located at the corner of Hwy 90 East and Ham Lane on the Page 3 of 4  southeast corner. Property ID 18535, City of Uvalde, Uvalde County Texas. Susan Anderson, Director of Planning and Development explained to Commissioners that this is the property that runs along Ham Lane, across the street from Franklin's. The subdivision does create legal lots and meets all subdivision requirements. Commissioner Walter Tidwell asked if the property was within the city limits. Mrs. Anderson explained that the city limits runs all the way to Newell Lane. Public hearing opened at 6:35PM Joaquin with Rakowitz Engineering explained to commissioners that the developer plans to place a travel center at this location. Motion to approve subdivision request made by Commissioner Joe Suarez. Motion seconded by Commissioner Rosemberg Risa III. Motion carried 4-0. VIII. ADJOURNMENT Motion to adjourn made by Commissioner Joe Suarez. Motion seconded by Commissioner Lydia Moss. Motion carried 4-0. Meeting adjourned at 6:38PM. Board Chair City Secretary Page 4 of 4