Planning and Zoning Committee

MINUTES Regular Planning and Zoning Commission Meeting 6:00PM - Tuesday August 3, 2021 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 August 3, 2021, at 6:00PM, in the City Hall Council Chambers, with the following members present: COMMISSIONERS Matthew Visel-Chair PRESENT: Gilbert Limones Lydia Moss Rosemberg Risa III Joe Suarez Walter Tidwell COMMISSIONERS Jimmie Raines ABSENT: 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 II.. Consider and act on the approval of the July 6, 2021 Regular Planning and Zoning Commission meeting minutes. Motion to approve the minutes of the July 6, 2021 Regular Planning and Zoning Commission meeting made by Commissioner Gilbert Limones. Motion seconded by Commissioner Joe Suarez. Motion carried 6-0. 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 17-21PZ IV.. Open a public hearing to consider and act on the request of Laura Garza, applicant, for a Special Use Permit to be allowed to build an accessory building in the back of the property. The property is located at 1617 N Page 1 of 4  Park St, NCB 174, North Uvalde Subdivision, Block 34, Lot 5, 6A, City of Uvalde, Uvalde County Texas. a) Open public hearing b)Citizens comments c) Close public hearing d) Reconvene meeting for discussion and decision on application Susan Anderson, Director of Planning and Development explained that the property is on North Park in the area of the Honey Bowl. The area is zoned Residential 1 it is Residential on Future Land Use Map. There are some parcels across the street zoned Business 2, because Park Street used to be the main street in North Uvalde. Additionally in that area there are properties zoned Business 1, Business 2 and some Residential 5 it has a mixed use. They are requesting to build an accessory dwelling, and that is allowed in Residential 1 with a special use permit. This is an appropriate use for that property, and there is enough room based on lot size and location of the buildings. Matthew Visel, Commission Chair asked how many letters were mailed out to surrounding property owners. Jovita Maldonado, Code Enforcement Officer explained that 11 letters were mailed out, 9 received, 2 unclaimed. No objections were received. Public hearing opened at 6:03PM Mrs. Garza explained to Commissioners that she would like to build a home for her mother, as she will be moving to Uvalde from Crystal City. Close public hearing at 6:04PM Motion to approve made by Commissioner Gilbert Limones. Motion seconded by Commissioner Joe Suarez. Motion carried 6-0. V. CASE FILE 18-21PZ V.. Open a public hearing to consider and act on the request of Jesse Arias Jr., applicant, for a zone change from Residential 3 to Business 1. Mr. Arias would like to build a building as office space for his electrician business. The property is located at 562 Juarez St, NCB 229, NB Pulliam Subdivision, Block 3, Lot 17, City of Uvalde, Uvalde County Texas. a) Open public hearing b)Citizens comments c) Close public hearing d) Reconvene meeting for discussion and decision on application Susan Anderson, Director of Planning and Development explained that Evans St. on the Future Land Use map is a mixed use area, as there are businesses and residential areas on that Street. Business 1 is the most restrictive of the business zones. It has the same setback requirements as the Residential zone in which it is. The recommendation on the future land use map is that businesses in Business 1 zones be on corners, so it does meet that. There are some hesitancies with staff regarding the location, because it is at the intersection of Evans St. and Juarez St. where the street curves. Business 1 has to have the same setbacks as the residential area that it is in. That means its a 25ft. setback from Juarez St. and a 25 ft. setback from Evan St. That does leave space to build a narrow office building. If approved, staff would like for property owner to be very careful where parking goes, exit needs to be on to Juarez St. not Evans St. Also Page 2 of 4  make sure cars are not parked all the way to the intersection, because of the vision clearance. It fits the letter of the law but it is a tricky intersection. Jovita Maldonado, Code Enforcement Officer explained that there were 20 letter mailed out, 15 signed and returned, 5 letters not returned. Did receive several phone calls in opposition. Other callers did not return their letter. Public hearing opened at 6:08PM Julie De Luna lives next door to the property and stated that her family has had problems with the property owner. Ms. De Luna stated that the property owners will stay up late at night, always drinking, and have loud music. Her family does not feel comfortable with them next door. They also cut their trees without their consent and took their shade. Pedro De Luna lives next door to the property and is requesting commissioners not grant the permission as the property owner is a very problematic neighbor. Maria De Luna also lives next door to the property and she states that the lot is too small. Mrs. De Luna stated that there are many children around and if there is a business placed on the property there will be too much traffic for the children. She is also concerned with the drinking issues that have occurred and she feels they will continue. Monica Hernandez, lives across the street and stated that there is already too much traffic as it is. She is concerned for the safety of her children, as they have to go to and from the bus stop everyday. She states that Mr. Arias has big trucks and that will create more danger for her children. In addition, she mentioned the drinking and partying on the property. Joe Daniel Larralde, supervisor of A-Fast was present for Jesse Arias. Mr. Larralde stated that the business will be for customers to pay their invoices. Matt Visel asked when the property was purchased. Mr. Larralde stated that it was purchased about 4 weeks ago. Mr. Larralde stated that Mr. Arias does care for his community and apologized to the neighbors for past behavior. He also mentioned that the person that trimmed the trees on the De Luna Family's property did so accidentally. He apologized for that as well. Mr. Larralde stated that Mr. Arias just wants a small office space. He wants a location for the business. Mrs. Hernandez asked if there is a 25 ft setback on both sides, where will he park his trailers? Commissioner Gilbert Limones asked how big the trailers were. Mr. Larralde explained that the trailers are 16 ft. The trailer itself doesn’t have to be behind the 25 ft. mark, but it does have to be out of the corner. The trailers would have to be parked parallel to the building. Mrs. De Luna asked how far the building will be from her property, staff answered, 5 ft. Commissioner Rosemberg Risa is concerned with the business overstepping its boundaries in the future. Commissioner Gilbert Limones is concerned with the driveway. Mrs. Anderson explained that if change is approved by Commissioners and Council then those concerns can be addressed by the Planning Dept. Public hearing closed at 6:37PM Motion to deny made by Commissioner Joe Suarez. Motion seconded by Commissioner Gilbert Limones Commissioner Lydia Moss abstained. Motion carried 5-0-1. VI. CASE FILE 19-21PZ VI.. Open a public hearing to consider and act on the request of Roger Berry and Sharon Berry, applicants, they would like to divide the lot into two lots. Page 3 of 4  The property currently has 2 structures and would like to separate the businesses. The property is located at 1819 and 1901 Garner Field Rd., NCB 216, JJ Guerra, Survey 75 2.2685 acres, City of Uvalde, Uvalde County Texas. a) Open public hearing b)Citizens comments c) Close public hearing d) Reconvene meeting for discussion and decision on application Susan Anderson, Director of Planning and Development explained that this is an area that on the Future Land Use Map is zoned for mixed use as well. There are residences and businesses in this area. The property currently has two separatebuildings, the Attorney General's Office and Fresenius Dialysis Clinic. Property owner is asking to divide into two separate lots, property meets all requirements. This is a simple subdivision if approved tonight the subdivision will become final. Public hearing opened at 6:40PM Ken Dirksen stated this will be to make it official as they are trying to sell the businesses. Public hearing closed at 6:40PM Motion to approve made by Commissioner Rosemberg Risa. Motion seconded by Commissioner Lydia Moss. Motion carried 6-0. VII. ADJOURNMENT Motion to adjourn made by Commissioner Joe Suarez. Motion seconded by Commissioner Gilbert Limones. Motion carried 6-0 Meeting adjourned 6:41PM Board Chair City Secretary Page 4 of 4