Planning and Zoning Committee

PLANNING AND ZONING COMMISSION AGENDA REGULAR MEETING Wednesday July 5, 2023 6:00PM BOARD MEMBERS: Matthew Visel-Chair Gilbert Limones Lydia Moss Jimmie Raines Rosemberg Risa III Joe Suarez Walter Tidwell Gabriela Anfinsen-Alt. Jose Tomas Garcia-Alt. Regina Santos-Aviles-Alt. Susan Anderson-Director of Planning & Community Dev. Page 1 of 17  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 Wednesday, July 5, 2023 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 approval of the minutes from the June 6, 2023, Regular Planning and Zoning Commission meeting. Planning and Zoning Committee - Jun 06 2023 - Minutes - Pdf III. CASE FILE 16-23PZ 6-9 Consider the request of applicant Slate Creek Ranch, LLC., Roland L Garcia., is requesting a Re Zone from Business-2 to Residential-4. The address is Property ID 103364 – College Lane (vacant lot), Abstract 0216 Survey 75 1.02., City of Uvalde, Uvalde County Texas. a) Staff comments b) Public hearing c) Reconvene meeting for discussion and decision on application Case File 16-23PZ IV. CASE FILE 17-23PZ 10 - 13 Consider the request of applicant Omar Porras, requesting a Special Use Permit for an accessory dwelling. The address is 320 Bohme St, NCB 11, Bohme Subdivision, Blk D, Lot 40, City of Uvalde, Uvalde County Texas. a) Staff comments b) Public hearing c) Reconvene meeting for discussion and decision on application Case File 17-23PZ V. CASE FILE 18-23 14 - 15 Consider the request of City of Uvalde, applicant, in amending Title 17 Zoning, of the Uvalde code of ordinance. City of Uvalde, Uvalde County Texas. a) Staff comments b) Public hearing c) Reconvene meeting for discussion and decision on application Case 18-23PZ - Amending Title 17 Zoning VI. CASE FILE 19-23PZ 16 - 17 Consider and act on the request of City of Uvalde, applicant, in repealing Chapter 17.20 Zoning, of the Uvalde code of ordinance. City of Uvalde, Uvalde County Texas. a) Staff comments Page 2 of 17  b) Public hearing c) Reconvene meeting for discussion and decision on application Case 19-23PZ - Repealing Chapter 17.20 Zoning - Ag related zoning VII. 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 30, 2023. ______________________________ Vince DiPiazza, City Manager Page 3 of 17  MINUTES Regular Planning and Zoning Commission Meeting 6:00PM - Tuesday June 6, 2023 City Hall-Council Chambers 101 E. Main St. Uvalde, TX 78801 The Regular Planning and Zoning Commission meeting of the City of Uvalde was called to order on Tuesday June 6, 2023, at 6:00PM, in the City Hall, Council Chambers, with the following members present: COMMISSIONERS Matthew Visel-Board Chair PRESENT: Gilbert Limones Lydia Moss Joe Suarez COMMISSIONERS Jimmie Raines ABSENT: Rosemberg Risa, III Walter Tidwell Gabriela Anfinsen-Alt. Jose Tomas Garcia-Alt. Regina Santos-Aviles-Alt. STAFF PRESENT: Susan Anderson-Director of Planning and Development Sorayda A. Sanchez-City Secretary Jose Saucedo-Code Enforcement Officer 1. CALL MEETING TO ORDER 2. APPROVAL OF MINUTES 2.A. Consider approval of the minutes from the May 2, 2023, Regular Planning and Zoning Commission meeting. Motion to approve the minutes from the May 2, 2023 Regular Planning and Zoning Commission meeting made by Commissioner Gilbert Limones. Motion seconded by Commissioner Lydia Moss. Motion carried 4-0. 3. CASE FILE 15-23PZ 3.A. Consider the request of PFS Group, applicant is requesting to combine two lots into one to build a call center. The property is located at 12 Lou Stroup 0216 Abstract 0216, Survey 75 4.0, City of Uvalde, Uvalde County Texas. a) Staff comments b) Public hearing Page Page41ofof17 2  c) Reconvene meeting for discussion and decision on application Susan Anderson, Director of Planning and Development explained that this property is located at the Industrial Park. The property owner would like to combine the 2 purchased lots into 1 lot. The lot will be used to build a call center. Public hearing opened at 6:03PM Public hearing closed at 6:03PM Motion to approve Case File 15-23PZ made by Commissioner Gilbert Limones. Motion seconded by Commissioner Joe Suarez. Motion carried 4-0. 4. ADJOURNMENT Motion to adjourn made by Commissioner Lydia Moss. Motion seconded by Commissioner Gilbert Limones. Motion carried 4-0. Meeting adjourned at 6:04PM. Board Chair City Secretary Page Page52ofof17 2 Page 6 of 17  CASE SUMMARY CASE FILE # 16-23PZ SITUS: ID# 103364 COLLEGE LN. LEGAL DESCRIPTION: A0216 ABSTRACT 0216 SURVEY 75 1.02. CASE PETITION: Request of applicant SLATE CREEK RANCH, is requesting a Re Zone from Business-2 to Residential-4 The address is A0216 ABSTRACT 0216 SURVEY 75 1.02., City of Uvalde, Uvalde County Texas. Arial View This is zoned as Business-2 Page 7 of 17  See Street view on the next page. ID# 103364 College Ln. Front View ID# 103364 College Ln. side view Page 8 of 17 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 9 of 17 Page 10 of 17  CASE SUMMARY CASE FILE # 17-23PZ SITUS: 320 BOHME ST. LEGAL DESCRIPTION: 02100 BOHME SUBDIVISION BLK D LOT 40 CASE PETITION: Request of applicant OMAR PORRAS, is requesting a Special Use Permit for Accessory Dwelling R-1. The address is 02100 BOHME SUBDIVISION BLK D LOT 40, City of Uvalde, Uvalde County Texas. Arial View This is zoned as Residential R-1 See Street view on the next page. Page 11 of 17 320 BOHME St. Front View 320 BOHME St. Rear Page 12 of 17 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 13 of 17  ORDINANCE 2023- AN ORDINANCE OF THE CITY OF UVALDE AMENDING 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 is tasked with protecting health and safety of its citizens, and WHEREAS, having a uniform code is necessary for performing this task, and WHEREAS, municipal codes must conform with state statutes; 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. Amend Chapter 17.16 Amendments, Section 17.16.010 Procedure to read: “Any proposed amendment, supplement, change or modification shall first be submitted to the city planning commission for its recommendation and report. The planning commission shall hold a public hearing on that report. Notice of such hearing shall be in accordance with Section 211.007 of Texas Local Government Code Title 7.” ***** Section 3. 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 4. 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 5. 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 6. 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 Page 14 of 17 which can be given effect without the invalid provision, and to this end the provisions of this Ordinance are declared to be severable. Section 7. 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 A. Sanchez, City Secretary Page 15 of 17  ORDINANCE 2023- AN ORDINANCE OF THE CITY OF UVALDE REPEALING CHAPTER 17.20 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 is tasked with protecting health and safety of its citizens, and WHEREAS, having a uniform code is necessary for performing this task, and WHEREAS, the City of Uvalde’s codes must conform to State statutes, 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. Amend. 17.20.010 G. 2. Hospitals, nursing homes, retirement homes and sanitariums excepting tubercular, narcotic, or animal hospitals; 17.20.010 G. 7. Animal hospitals and clinics where there are no open kennels; 17.20.010 H. In the B-3 district, only for; same as B-2 with the exception of items set out in subsections E.1., G.7., G. 8., G. 17. And G. 20. of this section 17.20.010 I. 2. d. Stockyards and slaughtering of animals e. Livestock feed lots ***** Section 3. 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 4. 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 land use 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 5. 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. Page 16 of 17 Section 6. 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 7. 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 A. Sanchez, City Secretary Page 17 of 17