Planning and Zoning Committee

PLANNING AND ZONING COMMISSION AGENDA REGULAR MEETING TUESDAY APRIL 5, 2022 6:00PM BOARD MEMBERS: Matthew Visel-Chair Gilbert Limones Lydia Moss Jimmie Raines Rosemberg Risa III Joe Suarez Walter Tidwell Jose Tomas Garcia-Alternate Regina Santos-Aviles-Alternate Susan Anderson-Director of Planning & Community Dev. Page 1 of 33  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, April 5, 2022 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 4-5 Consider and act on the approval of the minutes from the March 1, 2022 Regular Planning and Zoning Commission meeting. Planning and Zoning Committee - Mar 01 2022 - Minutes - Pdf 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 09-22PZ 6 - 10 Open a public hearing to consider and act on the request of Andres Gonzales, Rent- A- Center Self-Storage, LLC, applicant, is requesting a zone change from Residential 1 to Commercial – 3, Mr. Gonzales would like to come into compliance with the zoning. The address is 516 S Crystal City Hwy, Abstract 215 Survey 71, 1.8929 acres, City of Uvalde, Uvalde County Texas. Case File 09-22PZ V. CASE FILE 10-22PZ 11 - 15 Open a public hearing to consider and act on the request of Manuel C Cruz III and Mary L Cruz, applicants, they are requesting to subdivide the lot into 2 lots. The address is 500 E Antonio St., NCB 259, Vanham Subdivision, Block 13, Lot 10, City of Uvalde, Uvalde County Texas. Case File 10-22PZ VI. CASE FILE 11-22PZ 16 - 20 Open a public hearing to consider and act on the request of Jesus Davila,applicant, is requesting a Special Use Permit to covert the storage room into an accessory dwelling. The address is 222 S Park St., NCB 63, Old Town Subdivision, Block 1, Lot 1B, 9A, City of Uvalde, Uvalde County Texas. Case File 11-22PZ VII. CASE FILE 12-22PZ 21 - 23 Open a public hearing to consider and act on the request of City of Uvalde, applicant, consider and act on and ordinance changing the name of Industrial Zones to Factory/Industrial and designating all City-owned parkland to Agriculture 3 in keeping with the 2021 International Zoning Code., City of Uvalde, Uvalde County Texas. Page 2 of 33  Factory Industrial Park ordinance VIII. CASE FILE 13-22PZ 24 - 28 Open a public hearing to consider and act on the request of Alma Ybarra, applicant, is requesting a zone change from Residential 3 to Residential-3a, Mrs. Ybarra would like build apartments on this lot. The address is 520 Boone St, NCB 106, Shook Subdivision, Block 10, Lot 10A, City of Uvalde, Uvalde County Texas. Case File 13-22PZ IX. CASE FILE 15-22PZ 29 - 33 Open a public hearing to consider and act on the request of Pete and Norma Alvarado, applicant, for subdivision of the lot into 2 lots. The property is located at 932 S Getty St., NCB Abstract 31 Survey 70, A-31 S-70, City of Uvalde, Uvalde County Texas. Case File 15-22PZ X. 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., April 1, 2022. ______________________________ Vince DiPiazza, City Manager Page 3 of 33  MINUTES Regular Planning and Zoning Commission Meeting 6:00PM - Tuesday March 1, 2022 City Hall-Council Chambers 101 E. Main St. Uvalde, TX 78801 The Planning and Zoning Committee of the City of Uvalde was called to order on Tuesday, March 1, 2022, at 6:00 PM, in the City Hall Council Chambers, with the following members present: COMMISSIONERS Matthew Visel-Chair PRESENT: Jimmie Raines Rosemberg Risa, III Joe Suarez COMMISSIONERS Gilbert Limones ABSENT: Lydia Moss Walter Tidwell Jose Tomas Garcia-Alternate Regina Santos-Aviles-Alternate STAFF PRESENT: Susan Anderson-Director of Planning and Development Jovita Maldonado-Code Enforcement Officer 1. CALL MEETING TO ORDER 2. APPROVAL OF MINUTES 2.A. Consider and act on the approval of the minutes from the February 1, 2022 Regular Planning and Zoning Commission meeting. Motion to approve the minutes of the February 1, 2022 Regular Planning and Zoning Commission meeting made by Commissioner Rosemberg Risa, III. Motion seconded by Commissioner Joe Suarez. Motion carried 4-0. 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 7-22 PZ 4.A. Open a public hearing to consider and act on the request of Juan C Guzman, applicants, is requesting a special use permit to have an apartment in a Business 2 zone, Mr. Guzman would like to divide the building into an apartments and a business. The address is 271 N Grove St, NCB 260, Page Page41ofof33 2  Burns Subdivision, Block 5, Lots 1, 2, and 3, City of Uvalde, Uvalde County Texas. Susan Anderson, Director of Planning and Development explained to commissioners that the property is located on Ft. Clark Rd. The building has been there on a Business 2 zone. The special use permit provides more flexibility to allow the building to be used as an apartment. Public hearing opened at 6:02PM. Property owner Juan Guzman reiterated what Mrs. Anderson said. Public hearing closed at 6:04PM Motion to approve Case File 7-22PZ made by Commissioner Joe Suarez. Motion seconded by Commissioner Jimmie Raines. Motion carried 4-0. 5. CASE FILE 8-22PZ 5.A. Open a public hearing to consider and act on the request of Jose Luis Melendez, applicant, for a request to subdivide evenly 321 S Evans St & 325 S Evans St. The property is located at 321 S Evans St & 325 S Evans St., NCB 119, Mendosa Subdivision, Block B, Lots 7B, 8, 9, City of Uvalde, Uvalde County Texas. Susan Anderson, Director of Planning and Development explained to commissioners that the property is located next to the De Leon Park and Nicolas School. This is a simple subdivision and the decision made tonight is the final decision. Public hearing opened at 6:06PM No one present to speak. Public hearing closed at 6:07PM Motion to approve Case File 8-22PZ made by Commissioner Rosemberg Risa, III. Motion seconded by Commissioner Joe Suarez. Motion carried 4-0. 6. ADJOURNMENT Motion to adjourn made by Commissioner Jimmie Raines. Motion seconded by Commissioner Joe Suarez. Motion carried 4-0. Meeting adjourned at 6:08PM. Board Chair City Secretary Page Page52ofof33 2 Page 6 of 33  CASE SUMMARY CASE FILE # 09-22PZ SITUS: 516 S Crystal City Hwy LEGAL DESCRIPTION: NCB Abstract 215 Survey 71, 18929 acres CASE PETITION: Andres Gonzales, Rent- A- Center Self-Storage, LLC, applicant, is requesting a zone change from Residential 1 to Commercial – 3, Mr. Gonzales would like to come into compliance with the zoning. The address is 516 S Crystal City Hwy, Abstract 215 Survey 71, 1.8929 acres, City of Uvalde, Uvalde County Texas. Arial View This is zone as Residential 1. See Street view on the next page. Page 7 of 33  516 S Crystal City Hwy There were 3 certified letters mailed out (including owners). 1 green cards received signed. 2 Hand delivered letters Page 8 of 33 Page 9 of 33 Page 10 of 33 Page 11 of 33  CASE SUMMARY CASE FILE # 10-22PZ SITUS: 500 E Antonio St LEGAL DESCRIPTION: NCB 259, Vanham Subdivision, Block 13, Lot 10. CASE PETITION: Request of Manuel C Cruz III and Mary L Cruz, applicants, they are requesting to subdivide the lot into 2 lots. The address is 500 E Antonio St., NCB 259, Vanham Subdivision, Block 13, Lot 10, City of Uvalde, Uvalde County Texas. Arial View This is zone as Residential 1 See Street view on the next page. Page 12 of 33  500 E Antonio St Side View on Travis St No letters required for subdivisions. Page 13 of 33 Page 14 of 33 Page 15 of 33 Page 16 of 33  CASE SUMMARY CASE FILE # 11-22PZ SITUS: 222 S Park St LEGAL DESCRIPTION: NCB 63, Old Town Subdivision, Block 1, Lot 1B, 9A. CASE PETITION: Request of Jesus Davila, applicant, is requesting a Special Use Permit to covert the storage room into an accessory dwelling. The address is 222 S Park St., NCB 63, Old Town Subdivision, Block 1, Lot 1B, 9A, City of Uvalde, Uvalde County Texas. Arial View This is zone as Residential 1 See Street view on the next page. Page 17 of 33  222 S Park St Side view from Park St There were 21 certified letters mailed out (including owners). 2 green cards received signed. 1 letters received unclaimed. green cards or letters not received Received Reply’s: – Agree – Disagree Page 18 of 33 Page 19 of 33 Page 20 of 33  ORDINANCE NO. 2022-_____ AN ORDINANCE OF THE CITY OF UVALDE, TEXAS AMENDING TITLE 17 ZONING OF THE UVALDE MUNICIPAL CODE WHEREAS, the City Council of the City of Uvalde finds that zoning districts should be descriptive of the uses allowed in those districts, and; WHEREAS, the use of zoning district names should be consistent throughout City codes, and; WHEREAS, the City of Uvalde has adopted new zoning districts as described in the 2021 International Zoning Code adoption; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS THAT: Section 1. Adoption of Findings of Fact. The findings and recitations set out in this Ordinance are found to be true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Amendment of Title 17 Zoning: All I Industrial zoning districts will now be named FI Factory/Industrial districts. The term shall be changed in the following places: 17.04.020 – Districts established. A. 3. FI districts – Factory/Industrial. B. 9. FI Factory/Industrial district. 17.20.010 – Uses by district. I. In the FI district there may be any use, except that: Section 3. Amendment of Chapter 5.40 Carnivals: 5.40.020 – Zoning, where allowed. With reference to Title 17 Zoning, of this Code, a carnival shall operate only in the following zones: B2, and highway business; and FI, Factory/Industrial. Section 4. Amendment of Chapter 15.28 Building Standards Regulations: 15.28.090 – Inspections and duties of the code enforcement authority. Page 21 of 33  A. Inspect or cause to be inspected, when necessary, any building or structure within the incorporated limits of the city, including public buildings, schools, halls, churches, theaters, hotels, tenements, or apartments, multifamily residences, single-family residences, garages, warehouses, and other commercial and factory/industrial structures of any nature whatsoever for the purpose of determining whether any conditions exist which render such places a “dangerous building” as defined in this chapter. Section 5. Amendment of Chapter 15.48 Flood Damage Prevention: 15.48.180 – Specific standards. B. Nonresidential Construction. New construction and substantial improvements of any commercial, factory/industrial, or other nonresidential structure shall…. Section 6. Amendment of Chapter 16.12 Preliminary Plat 16.12.020 – Preliminary plat procedures. G. Designation of the intended uses of land within the proposed subdivision setting out residential, commercial, factory/industrial, off-street parking and all other parcels of land intended to be dedicated to public use, such as schools, parks, playgrounds and any other special uses or semipublic uses that may be required. Section 7. Designation of City owned parkland as A 3 All parkland owned by the City of Uvalde will be given the Agricultural zoning of A 3 in keeping with the 2021 IZC. Section 8. Conflicting Ordinances. All ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance as adopted herein, are hereby amended to the extent of such conflict. In the event of a conflict or inconsistency between this Ordinance and any other code or ordinance of the City, the terms and provisions of this Ordinance shall govern. Section 9. Savings Clause. All rights and remedies of the City of Uvalde are expressly saved as to any and all violations of the provisions of any ordinances affecting zoning districts within the City which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 10. Effective Date. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Tex. Loc. Gov't. Code and the City Charter. Section 11. Severability. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have Page 22 of 33 been enacted by the City Council without the incorporation of this Ordinance of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision, and to this end the provisions of this Ordinance are declared to be severable. Section 12. Open Meetings. It is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act. PASSED AND APPROVED on the _______ day of _______________, 2022. ATTEST: CITY OF UVALDE, TEXAS _____________________________ ___________________________________ Sorayda Sanchez, City Secretary Don McLaughlin, Mayor Page 23 of 33 Page 24 of 33  CASE SUMMARY CASE FILE # 13-22PZ SITUS: 520 Boone St LEGAL DESCRIPTION: NCB 106, Shook Subdivision, Block 10, Lot 10A. CASE PETITION: Request of Alma Ybarra, applicant, is requesting a zone change from Residential 3 to Residential-3a, Mrs. Ybarra would like build apartments on this lot. The address is 520 Boone St, NCB 106, Shook Subdivision, Block 10, Lot 10A, City of Uvalde, Uvalde County Texas Arial View This is zone as Residential 3 See Street view on the next page. Page 25 of 33  520 Boone St Rear side of 520 Boone St There were 18 certified letters mailed out (including owners). 2 green cards received signed. letters received unclaimed. green cards or letters not received Received Reply’s: – Agree – Disagree Page 26 of 33 Page 27 of 33 Page 28 of 33 Page 29 of 33  CASE SUMMARY CASE FILE #14-22PZ SITUS: 932 S Getty St LEGAL DESCRIPTION: NCB Abstract 31 Survey 70, A-31 S70. CASE PETITION: Request of Pete and Norma Alvarado, applicant, for subdivision of the lot into 2 lots. The property is located at 932 S Getty St., NCB Abstract 31 Survey 70, A-31 S-70, City of Uvalde, Uvalde County Texas. Arial View This is zone as Residential 1 See Street view on the next page. Page 30 of 33  932 S Getty St No letters needed for Subdivison Page 31 of 33 Page 32 of 33 Page 33 of 33