Planning and Zoning Committee

PLANNING AND ZONING COMMISSION AGENDA REGULAR MEETING TUESDAY AUGUST 1, 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 18  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, August 1, 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 4-6 Consider approval of the minutes from the July 5, 2023, Regular Planning and Zoning Commission meeting. Planning and Zoning Committee - Jul 05 2023 - Minutes - Pdf III. CASE FILE 20-23PZ 7-9 Consider the request of Martin Garcia, Jr., for a zone change from Industrial to Residential 1b. The address is 418 W. Calera St., NCB 65, Friedrich Subdivision, Block 4, Lot 16, City of Uvalde, Uvalde County Texas. a) Staff comments b) Public hearing c) Reconvene meeting for discussion and decision on application Case File 20-23PZ IV. CASE FILE 21-23PZ 10 - 12 Consider the request of David Hernandez, V, for a Special Use Permit for an AirBnB. The address is 505 Villa St., NCB 11, Bohme Subdivision, Block 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 21-23PZ V. CASE FILE 22-23PZ 13 - 15 Consider the request of Santiago Gonzales to subdivide the property into 2 lots. The address is 217 E. Calera St., 12900 Southern Subdivision Blk a life estate to Elizabeth R. Gonzales, Lot 11, City of Uvalde, Uvalde County Texas. a) Staff comments b) Public hearing c) Reconvene meeting for discussion and decision on application Case File 22-23PZ VI. CASE FILE 23-23PZ 16 - 18 Consider the request of Community Health Development, Inc., to subdivide 3.765 acres from 864.036 acres. The address is 115 Ham Ln., A0216 Abstract 0216 Survey 75 3.765, City of Uvalde, Uvalde County Texas. a) Staff comments Page 2 of 18  b) Public hearing c) Reconvene meeting for discussion and decision on application Case File 23-23PZ 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., July 28, 2023. ______________________________ Vince DiPiazza, City Manager Page 3 of 18  MINUTES Regular Planning and Zoning Commission Meeting 6:00PM - Wednesday July 5, 2023 City Hall-Council Chambers 101 E. Main St. Uvalde, TX 78801 The Regular Planning and Zoning Commission of the City of Uvalde was called to order on Wednesday July 5, 2023, at 6:00PM, in the City Hall, Council Chambers, with the following members present: COMMISSIONERS Matthew Visel-Board Chair PRESENT: Gilbert Limones Jimmie Raines Rosemberg Risa, III Joe Suarez Walter Tidwell Jose Tomas Garcia-Alt. COMMISSIONERS Lydia Moss ABSENT: Gabriela Anfinsen-Alt. Regina Santos-Aviles-Alt. STAFF PRESENT: Susan Anderson-Director of Planning and Development Sorayda A. Sanchez-City Secretary Jovita Maldonado-Code Enforcement Officer Jose Saucedo-Code Enforcement Officer Monica Lara-Permit Technician I. CALL MEETING TO ORDER II. APPROVAL OF MINUTES II. Consider approval of the minutes from the June 6, 2023, Regular Planning and Zoning Commission meeting. Motion to approve the minutes from the June 6, 2023 Regular Planning and Zoning Commission meeting made by Commissioner Gilbert Limones. Motion seconded by Commissioner Joe Suarez. Motion carried 7-0. III. CASE FILE 16-23PZ III. 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 Page Page41ofof18 3  b) Public hearing c) Reconvene meeting for discussion and decision on application Susan Anderson, Director of Planning and Development explained to Commissioners that this lot is located behind the old First State Bank building. The property owner would like to build apartments on the lot. Jose Saucedo, Code Enforcement Officer stated there were 15 letters sent, 8 received, 1 in favor, 1 not recieved, 6 unclaimed, and non in opposition. Public hearing opened at 6:03PM Property owner Roland Garcia addressed Commissioners. Mr. Garcia stated that he plans on building 20 units on the property, 75% of the apartments will be 2 bedroom, 25% will be 1 bedroom apartments. Commissioners asked if the property was large enough to fit all 20 apartments. Mrs. Anderson explained that the size of the property is large enough for the 20 units. If requirements are unable to be met with the 20 units, staff will work with the property owner to make proper adjustments. Public hearing closed at 6:06PM Motion to approve Case File 16-23PZ made by Commissioner Rosemberg Risa. Motion seconded by Commissioner Gilbert Limones. Motion carried 7-0. IV. CASE FILE 17-23PZ IV. 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 Susan Anderson, Director of Planning and Development explained to Commissioners that this is a request for a special use permit. This is considered a "granny flat". The request does not change the zoning of the property. The main structure will be owner- occupied and the accessory dwelling will be used to house a family member. Jose Saucedo, Code Enforcement Officer stated that there were 30 letters mailed, 3 received, 2 in favor, 25 unclaimed, and no oppositions. Public hearing opened at 6:09PM Sergio Porras, neighbor, asked if the building would be attached to the home, to which it was stated that it would not be attached. Public hearing closed at 6:11PM Motion to approve Case File 17-23PZ made by Commissioner Joe Suarez. Motion seconded by Commissioner Gilbert Limones. Motion carried 7-0. V. CASE FILE 18-23 V. 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 Page Page52ofof18 3  Susan Anderson, Director of Planning and Development explained to Commissioners that this change is in response to the recent Legislative Updates. This amendments deals with the process of passing a zoning case. This amendment states that only 1 public hearing is required for a Planning and Zoning Commission. Public hearing opened at 6:17PM Public hearing closed at 6:17PM Motion to approve Case File 18-23PZ made by Commissioner Rosember Risa. Motion seconded by Commissioner Joe Suarez. Motion carried 7-0. VI. CASE FILE 19-23PZ VI. 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 b) Public hearing c) Reconvene meeting for discussion and decision on application Susan Anderson, Director of Planning and Development explained to Commissioners that this is another change in response to the recent Legislative Updates. The first amendment is that veterinarians are now considered an agricultural operation, even if you do not deal with large animals. Cities may not regulate those businesses. The second is the nuisance ag bill. An example is the grain elevator in the middle of town. If the grain elevator goes off and is very loud, the city could not cite them for being a nuisance. We have specific language related to veterinarians and animal hospitals in the zoning ordinance that needs to be removed. The sections related to veterinarians are 17.20.010, g2, g7, and h3. The one that is different is i2 and which is not related to veterinarians, but related to industrial zones. We were requiring a special use permit in an industrial zone for a feedlot or a meat slaughtering facility. This will remove that from the ordinance as well. Public hearing opened at 6:33PM Public hearing closed at 6:34PM Motion to approve Case File 19-23PZ made by Commissioner Gilbert Limones. Motion seconded by Commission Alternate Tomas Garcia. Commissioner Jimmie Raines, Commissioner Joe Suarez, and Commissioner Walter Tidwell opposed. Motion carried 4-3 VII. ADJOURNMENT Motion to adjourn made by Commissioner Jimmie Raines. Motion seconded by Commissioner Walter Tidwell. Motion carried 7-0. Meeting adjourned at 6:39PM Board Chair City Secretary Page Page63ofof18 3 Page 7 of 18  CASE SUMMARY CASE FILE # 20-23PZ SITUS: 418 W CALERA ST LEGAL DESCRIPTION: FRIEDRICK SUBDIVISION BLK 4, LOT 16 CASE PETITION: Request of applicant MARTIN GARCIA JR., is requesting a change of zoning from Industrial to Residential 1b. The address is 418 W CALERA ST, NCB 65, FRIEDRICK SUBDIVISION BLK 4, LOT 16, City of Uvalde, Uvalde County Texas. Arial View This is zoned as Industrial Page 8 of 18  See Street view on the next page. 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 18 Page 10 of 18  CASE SUMMARY CASE FILE # 21-23PZ SITUS: 505 VILLA ST LEGAL DESCRIPTION: 04700 CROUELL BROS SUBDIVISION BLK 5 LOT 17 CASE PETITION: Request of applicant, is requesting a Special Use Permit from Air BnB. The address is 505 VILLA ST, 04700 CROUELL BROS SUBDIVISION BLK 5 LOT 17 City of Uvalde, Uvalde County Texas. Arial View This is zoned as Residential 3 See Street view on the next page. Page 11 of 18  505 Villa St Front View 505 Villa St. Rear 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 12 of 18 Page 13 of 18  CASE SUMMARY CASE FILE # 22-23PZ SITUS: 217 E Calera St. LEGAL DESCRIPTION: 12900 SOUTHERN SUBDIVISION BLK A LIFE ESTATE TO ELIZABETH R GONZALES LOT 11. CASE PETITION: Request of applicant, is requesting to Subdivide into 2 lots. The address is 217 E Calera ST, 12900 SOUTHERN SUBDIVISION BLK A LIFE ESTATE TO ELIZABETH R GONZALES LOT 11 City of Uvalde, Uvalde County Texas. Arial View This is zoned as Residential 3 Page 14 of 18  See Street view on the next page. 217 E Calera St Rear View 217 E Calera St. Rear 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 15 of 18 Page 16 of 18  CASE SUMMARY CASE FILE # 23-23PZ SITUS: 115 Ham Ln. LEGAL DESCRIPTION: A0216 ABSTRACT 0216 SURVEY 75 3.765 CASE PETITION: Request of applicant, is requesting to Subdivide 3.765 acres from 864.036 acres. The address is 115 Ham Ln, A0216 ABSTRACT 0216 SURVEY 75 3.765 City of Uvalde, Uvalde County Texas. Arial View This is zoned as Residential 3 Page 17 of 18  See Street view 115 Ham Ln Front View 115 Ham Ln side View 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 18 of 18