Planning and Zoning Committee

PLANNING AND ZONING COMMISSION AGENDA REGULAR MEETING TUESDAY JUNE 7, 2022 6:00PM BOARD MEMBERS: Matthew Visel-Chair Gilbert Limones Lydia Moss Jimmie Raines Rosemberg Risa III Joe Suarez Walter Tidwell Jose Tomas Garcia-Alt. Gabriela Luevano-Alt. Regina Santos-Aviles-Alt. Susan Anderson-Director of Planning & Community Dev. Page 1 of 47  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, June 7, 2022 at 6:00 P.M., in the Cactus Room of the Civic Center, 300 East Main St., Uvalde, Texas for the following purpose: Page I. CALL MEETING TO ORDER II. APPROVAL OF MINUTES 5-6 Consider and act on the approval of the minutes from the May 3, 2022 Regular Planning and Zoning Commission meeting. Planning and Zoning Committee - May 03 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 17-22PZ 7-8 Consider and act on the request of City of Uvalde, applicant, amending Chapter 17.02 zoning code adopted, Title 17, Zoning of the Uvalde code of ordinances, 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 Zoning amendments V. CASE FILE 18-22PZ 9 - 13 Consider and act on the request of Carlos Garay, applicant, is requesting a zone change from Industrial 1 to Commercial/Residential – 2. Mr. Garay would like to make this his home but also keep it as a Commercial district. The address is 423 W Main St., NCB 52, Friedrick Subdivision, Block 3, Lot 5, 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 Case 18-22PZ 423 W. Main St.docx VI. CASE FILE 19-22PZ 14 - 19 Consider and act on the request of David Clifford White and Anabel Rocha White, applicants, are requesting a zone change from Residential 1 to Commercial/Residential – 1. Mr. & Mrs. White would like to extend their well clinic to this area and use 2 rooms. The address is 123 S Crisp St., NCB 52, Friedrick Subdivision, Block 3, Lot 12B, 13B, 14B, City of Uvalde, Uvalde County Texas. Page 2 of 47  a) Open public hearing b) Citizens comments c) Close public hearing d) Reconvene meeting for discussion and decision on application Case 19-22PZ 123 S. Crisp VII. CASE FILE 20-22PZ 20 - 25 Consider and act on the request of Jorge and Maria Ramirez, applicants, are requesting a special use permit for an accessory dwelling. Mr. & Mrs. Ramirez would like to add a small unit dwelling in the back of the property for guest. The address is 240 Country Club Lane, NCB 1710P GIS, The Enclave at Uvalde Country Club, Block 1, Lot 11, 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 Case 20-22PZ 240 Country Club Ln. VIII. CASE FILE 21-22PZ 26 - 34 Consider and act on the request of Jeff & Celia Gides applicants, requesting to subdivide their property. The address is 237 W. Oak St., 10900 Old Town Subdivision Lot 8 Block 4. 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 Case 21-22PZ -237 W Oak IX. CASE FILE 22-22PZ 35 - 43 Consider and act on the request of Angelica Arredondo applicant, requesting to subdivide her property. The address is 401 S. Claudia St., A0215 Abstract 0215 Survey 71. 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 Case 22-22PZ 401 S. Claudia X. CASE FILE 23-22PZ 44 - 47 Consider and act on the request of Jose Huerta applicant, requesting to subdivide property into 10 lots. The address is 526 Ham Lane, Abstract 216 Survey 75. 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 Page 3 of 47  Case 23-22PZ -Hidden Meadows XI. 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., June 3, 2022. ______________________________ Vince DiPiazza, City Manager Page 4 of 47  MINUTES Regular Planning and Zoning Commission Meeting 6:00PM - Tuesday May 3, 2022 City Hall-Council Chambers 101 E. Main St. Uvalde, TX 78801 The regular meeting of the Planning and Zoning Commission of the City of Uvalde was called to order on Tuesday May 3, 2022, at 6:00PM, in the City Hall, Council Chambers, with the following members present: COMMISSIONERS Gilberto Limones PRESENT: Lydia Moss Jimmie Raines Rosemberg Risa, III Joe Suarez Gabriela Anfinsen-Alternate Jose Tomas Garcia-Alternate COMMISSIONERS Matthew Visel-Board Chair ABSENT: Walter Tidwell Regina Santos-Aviles STAFF PRESENT: Susan Anderson-Director of Planning and Development Jose Saucedo-Code Enforcement Officer in Training 1. CALL MEETING TO ORDER 2. APPROVAL OF MINUTES 2.A. Consider and act on the approval of the minutes from the April 5, 2022 Regular Planning and Zoning Commission meeting. Motion to approve the minutes of the April 5, 2022 Regular Planning and Zoning Commission meeting made by Commissioner Jimmie Raines. Motion seconded by Commissioner Joe Suarez. motion carried 7-0. 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 14-22PZ 4.A. Open a public hearing to consider and act on the request of Rogelio Gonzalez, applicant, is requesting a zone change from Residential 1 to Page Page51ofof47 2  Residential – 2a. Mr. Gonzalez would like to build a duplex on the property. The address is 1619 N. Grove St., NCB 71, North Uvalde Subdivision, Block 31, Lot 5, City of Uvalde, Uvalde County Texas. Motion to approve Case File 14-22PZ made by Commission Alternate Jose Tomas Garcia. Motion seconded by Commissioner Rosenberg Risa, III. Motion carried 7-0. 5. CASE FILE 17-22PZ 5.A. 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 – 2a. Mrs. Ybarra would like to build a duplex apartment on the property. The address is 520 Boone St, NCB 106, Shook Subdivision, Block 10, Lot 10A, City of Uvalde, Uvalde County Texas. Motion to deny Case File 17-22 PZ made by Commissioner Joe Suarez. Motion seconded by Commissioner Gilbert Limones. Commissioner Jose Tomas Garcia opposed. Motion carried 6-1. 6. ADJOURNMENT Motion to adjourn made by Commissioner Joe Suarez. Motion seconded by Alternate Commissioner Jose Tomas Garcia. Meeting adjourned at 6:25PM. Board Chair City Secretary Page Page62ofof47 2  ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF UVALDE AMENDING CHAPTER 17.02 ZONING CODE ADOPTED, TITLE 17, ZONING, OF THE UVALDE CODE OF ORDINANCES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING ENFORCEMENT AND PENALTY CLAUSES; PROVIDING OPEN MEETINGS, SEVERABILITY, AND EFFECTIVE DATE CLAUSES; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the City of Uvalde has a substantia interest in protecting the health, safety, welfare and enjoyment of the general public and has adopted zoning regulations to further this interest; and WHEREAS, allowing housing of multiple types benefits the citizens of Uvalde; and WHEREAS, preserving existing housing stock for use as dwellings benefits the citizens of Uvalde; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS, THAT: Section 1. Findings of Fact. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. 501.1 Residential Zones Defined Division 2 shall be amended to read: “Any use permitted in R, Division 1 zones and two family dwellings in 2a and three and four family dwellings in 2b.” Section 3. 601.1 Commercial and commercial/residential zones. CR Division 1 shall be amended to read: “Any use permitted in a C, Division 1 zone and residential use permitted.” Section 4. Table 602.1 Commercial and Commercial /Residential Zones Bulk Regulations shall be amended by adding the following: Division 3 & 4 minimum front yard 20 feet, minimum side yard 15 feet on a corner lot and 5 feet for interior lots. ***** Section 5. Penalty Clause. Any person who shall violate any of the provisions of this ordinance, or shall fail to comply therewith, or with any of the requirements thereof, within the City limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum set out in Section 1.12.010 of this Code. Each day the violation exists shall constitute a separate offense. Proof of a culpable mental state shall not be required to establish a violation of this ordinance. Such penalty shall be in addition to all the other remedies provided herein. Section 6. 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 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 7. Effective Date. This Ordinance shall take effect immediately from and after its passage Page 7 of 47 and publication in accordance with the provisions of the Tex. Loc. Gov’t. Code and the City Charter. Section 8. 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 or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation into 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 9. 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 this the _____ day of _____, ____. The City of Uvalde, Texas ______________________________ Don McLaughlin, Jr., Mayor ATTEST: ________________________ Sorayda Sanchez, City Secretary Page 8 of 47 Page 9 of 47  CASE SUMMARY CASE FILE # 18-22PZ SITUS: 423 W. Main St. LEGAL DESCRIPTION: NCB 52, Friedrich Subdivision, Block 3, Lot 5. CASE PETITION: Request of Carlos Garay applicant, is requesting a zone change from Industrial 1 to Commercial Residential 2, Mr. Garay would like make this his home but also keep it as a commercial district. The address is 423 W Main St. NCB 52, Friedrich Subdivision, Block 3, 5., City of Uvalde, Uvalde County Texas Arial View See Street view on the next page. Page 10 of 47  423 W Main There were 13 certified letters mailed out (including owners). 9 green cards received signed. letters received unclaimed. 4 green cards or letters not received Received Reply’s: – Agree – Disagree Page 11 of 47 Page 12 of 47 Page 13 of 47 Page 14 of 47  CASE SUMMARY CASE FILE # 18-22PZ SITUS: 123 S. Crisp St LEGAL DESCRIPTION: NCB 52, Friedrich Subdivision, Block 3, Lot 12B,13B,14B. CASE PETITION: Request of David & Anabel White, applicant, is requesting a zone change from Residential 1 to Mixed Use, Mr. White would like extend well clinic 2 rooms on this lot. The address is 123 S. Crips St, NCB 52, Friedrich Subdivision, Block 3, Lot 12B,13B,14B, City of Uvalde, Uvalde County Texas Arial View This is zone as Residential See Street view on the next page. Page 15 of 47  123 S. Crisp St Rear side of 123 S. Crisp St There were 18 certified letters mailed out (including owners). 15 green cards received signed. letters received unclaimed. 3 green cards or letters not received Received Reply’s: – Agree – Disagree Page 16 of 47 Page 17 of 47 Page 18 of 47 Page 19 of 47 Page 20 of 47  CASE SUMMARY CASE FILE # 20-22PZ SITUS: 240 Country Club Ln LEGAL DESCRIPTION: NCB 171OP GIS, The Enclave at Uvalde, County Club, Block 1, Lot 11. CASE PETITION: Request of Jorge & Maria Ramirez, applicant, is requesting a Residential 1 Special permit use for a small unit dwelling in the back of property Mr. and Mrs. Ramirez would like add a small unit dwelling on this lot. The address is 240 Country Club Ln, NCB 171OP GIS, The Enclave at Country Club Ln Block 1, Lot 11 city of Uvalde, Uvalde County Texas. Arial View This is zoned as Residential 1 See Street view on the next page. 240 Country Club Ln Page 21 of 47  Rear side of County Club Ln There were 20 certified letters mailed out (including owners). 6 green cards received signed. letters received unclaimed. 14 green cards or letters not received Received Reply’s: – Agree – Disagree Page 22 of 47 Page 23 of 47 Page 24 of 47 Page 25 of 47 Page 26 of 47  CASE SUMMARY CASE FILE # 21-22PZ SITUS: 237 W OAK ST. LEGAL DESCRIPTION: 10900 OLD TOWN SUBDIVISION LOT 8 BLK 4. . CASE PETITION: Request of Jeff & Celia Gides applicant, is requesting to subdivide property. The address is 237 W Oak St. 10900 OLD TOWN SUBDIVISION LOT 8 BLK 4. City of Uvalde, Uvalde County Texas. Arial View See Street view on the next page. Page 27 of 47  237 W Oak Front View 237 Oak St. Side View Park St. 2 structures Page 28 of 47  Rear Structure There were 18 certified letters mailed out (including owners). 6 green cards received signed. letters received unclaimed. 12 green cards or letters not received Received Reply’s: – Agree – Disagree Page 29 of 47 Page 30 of 47 Page 31 of 47 Page 32 of 47 Page 33 of 47 Page 34 of 47 Page 35 of 47 Page 36 of 47  CASE SUMMARY CASE FILE # 22-22PZ SITUS: 401 S. Claudia St. LEGAL DESCRIPTION: A0215 ABSTRACT 0215 SURVEY 71 CASE PETITION: Request of Angelica Arredondo, applicant, is requesting a Subdivision of property. The address is 401 S. Claudia St, A0215 ABSTRACT 0215 SURVEY 71 City of Uvalde, Uvalde County Texas Arial View This is zone as Residential See Street view on the next page. 401 S. Claudia St. Page 37 of 47  Left side of 401 S. Claudia St. Right side of 401 S. Claudia St There were 18 certified letters mailed out (including owners). 6 green cards received signed. letters received unclaimed. 12 green cards or letters not received Received Reply’s: – Agree – Disagree Page 38 of 47 Page 39 of 47 Page 40 of 47 Page 41 of 47 Page 42 of 47 Page 43 of 47 Page 44 of 47  CASE SUMMARY CASE FILE # 23-22PZ SITUS: Hidden Meadow Subdivision. LEGAL DESCRIPTION: ABSTRACT 216, SURVEY 75 CASE PETITION: Request of Jose Huerta, applicant, is requesting a Subdivision of property in to 10 lots. The address is ABSTRACT 216, SURVEY 75 City of Uvalde, Uvalde County Texas Arial View See Street view on the next page Page 45 of 47 There were certified letters mailed out (including owners). green cards received signed. letters received unclaimed. green cards or letters not received Received Reply’s: – Agree – Disagree Page 46 of 47 Page 47 of 47