Planning and Zoning Committee

PLANNING AND ZONING COMMISSION AGENDA REGULAR MEETING TUESDAY FEBRUARY 6, 2024 6:00PM BOARD MEMBERS: Matthew Visel-Chair Gabriela Anfinsen Gilbert Limones Lydia Moss Rosemberg Risa III Joe Suarez Walter Tidwell Jose Tomas Garcia-Alt. Regina Santos-Aviles-Alt. Susan Anderson-Director of Planning & Community Dev. Page 1 of 20  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, February 6, 2024 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 3-6 Consider approval of the minutes from the January 2, 2024, Regular Planning and Zoning Commission meeting. Planning and Zoning Committee - Jan 02 2024 - Minutes - Pdf III. CASE FILE 07-24PZ 7 - 14 Consider the request of Ramon R. Castro, Jr., applicant is requesting a Special Use Permit for all 7 structures as Short-Term Rentals. The property is located at 215 W. Second Alley, NCB 67, Southern Subdivision, Blk F, Lot 6A, 8A, 10, 12A, City of Uvalde, Uvalde County Texas. a) Staff Comments b) Public hearing c) Reconvene meeting for discussion and decision on application Case File 07-24PZ IV. CASE FILE 08-24 PZ 15 - 16 Consider the request of the City of Uvalde, applicant would like to amend Title 17-Zoning, Section 17.20.018 and Section 17.20.020 in reference to Short Term Rental. a) Staff Comments b) Public hearing c) Reconvene meeting for discussion and decision on application Short term rental ordinance changes_ V. CASE FILE 09-24PZ 17 - 20 Consider the request from Manuel Vasquez, applicant is requesting to replat his property into 1 lot. The property is located at 217 W. Commerce, NCB 158, North Uvalde Subdivision, Blk 18, Lot 1, 2, 3, City of Uvalde, Uvalde County Texas. a) Staff Comments b) Public hearing c) Reconvene meeting for discussion and decision on application Case File 09-24PZ VI. 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., February 2, 2024. ______________________________ Vince DiPiazza, City Manager Page 2 of 20  MINUTES Regular Planning and Zoning Commission Meeting 6:00PM - Tuesday January 2, 2024 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 January 2, 2024, at 6:00PM, in the City Hall, Council Chambers, with the following members present: COMMISSIONERS Matthew Visel-Chair PRESENT: Lydia Moss Rosemberg Risa, III Joe Suarez Walter Tidwell Jose Tomas Garica-Alt. COMMISSIONERS Gilbert Limones ABSENT: Jimmie Raines Gabriela Anfinsen-Alt. Regina Santos-Aviles-Alt. STAFF PRESENT: Susan Anderson-Director of Planning and Development Sorayda A. Sanchez-City Secretary Jovia 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 December 5, 2023, Regular Planning and Zoning Commission meeting. Motion to approve the minutes from December 5, 2023 made by Commissioner Lydia Moss. Motion seconded by Commissioner Joe Suarez. Motion carried 6-0. III. CASE FILE 01-24PZ III. Consider the request ofAlma Ybarra, applicant is requesting a Special Use Permit for a Short-Term Rental. The property address is 825 Laurel St, NCB 237, Mahaffey Subdivision, Blk 1, Lot 7, City of Uvalde, Uvalde County Texas. a) Staff Comments b) Public hearing c) Reconvene meeting for discussion and decision on application. Page Page31ofof20 4  Susan Anderson, Director of Planning and Development, explained to Commissioners that the property meets requirements set by ordinance. The request is to comply with the current ordinance. Mrs. Anderson stated that this information is the same for Case Files 01-24PZ through 04-24PZ. Jose Saucedo, Code Enforcement Officer stated there were 21 letters mailed, 17 received, 4 unclaimed, and 2 in opposition. There were no reasons given for the opposition. Public hearing opened at 6:03PM Xavier Ybarra, property owner addressed commissioners. Mr. Ybarra asked if this was the process to obtain a short term rental permit, to which commissioners stated it was. Mrs. Anderson also confirmed that this was the process to comply, and mentioned that Mr. Ybarra would not be penalized for not being in compliance. Mr. Ybarra asked about oppositions and was informed that those in opposition could come before commissioners and the city council to express their concerns. There have been concerns with parking, loud parties, and the constant change in tenants. Public hearing closed at 6:07PM Motion to approve Case File 01-24PZ made by Commissioner Joe Suarez. Motion seconded by Commissioner Rosemberg Risa, III. Motion carried 6-0. IV. CASE FILE 02-24PZ IV. Consider the request of Alma Ybarra, applicant is requesting a Special Use Permit for a Short-Term Rental. The property address is 270 E. Anglin St., NCB 17, Anglin Tucker Subdivision, Blk 4.1847, Lot 4, City of Uvalde, Uvalde County Texas. a) Staff Comments b) Public hearing c) Reconvene meeting for discussion and decision on application. Jose Saucedo, Code Enforcement Officer stated there were 14 letters mailed, 9 received, 1 unclaimed, 4 unclaimed. Of the letters received, there were 3 in opposition, 1 did not leave a comment and 2 stated they were concerned for their safety. Public hearing opened at 6:09PM Alma Ybarra, Property Owner addressed commissioners. Mrs. Ybarra stated that the tenants that have stayed at this short term rental have been security companies and contractors working on projects in the area. They are employees who leave early in the morning and arrive at the end of their work day. No partying or loud noises, they just need a place to rest after a long day of work. She also stated that she has outdoor cameras at each of her properties and monitors them closely. Public hearing closed at 6:13PM Motion to approve Case File 02-24PZ made by Commissioner Rosemberg Risa, III. Motion seconded by Commissioner Joe Suarez. Motion carried 6-0. V. CASE FILE 03-24PZ V. Consider the request of Alma Ybarra, applicant is requesting a Special Use Permit for a Short-Term Rental. The property address is 327 N. 2nd St, NCB 88, East Uvalde Subdivision, Blk 5, Lot 9A, 10A, City of Uvalde, Uvalde County Texas. a) Staff Comments b) Public hearing Page Page42ofof20 4  c) Reconvene meeting for discussion and decision on application. Jose Saucedo, Code Enforcement Officer stated there were 22 letters mailed, 21 received, 1 unclaimed, and 1 in opposition. Public hearing opened at 6:15PM Alma Ybarra property owner stated that all the tenants are vetted by Air BNB and VRBO. Public hearing closed at 6:17PM Motion to approve Case File 03-24PZ made by Commissioner Lydia Moss. Motion seconded by Commissioner Rosember Risa, III. Motion carried 6-0. VI. CASE FILE 04-24PZ VI. Consider the request of Alma Ybarra, applicant is requesting a Special Use Permit for a Short-Term Rental. The property address is 218 Sunshine Ln., NCB 88, Abstrat 0216 Survey 75 house off of Sunshine Lane 2.0, City of Uvalde, Uvalde County Texas. a) Staff Comments b) Public hearing c) Reconvene meeting for discussion and decision on application. Jose Saucedo, Code Enforcement Officer stated there were 5 letters mailed, 4 received, 1 unclaimed, and none in opposition. Public hearing opened at 6:18PM Public hearing closed at 6:18PM Motion to approve Case File 04-24PZ made by Commissioner Joe Suarez. Motion seconded by Commissioner Rosemberg Risa, III. Motion carried 6-0. VII. CASE FILE 05-24PZ VII. Consider the request of Ramona Ruiz, applicant is requesting a Special Use Permit for an accessory dwelling unit. The property address is 708 Old Carrizo Road, NCB 83 Doughty Subdivision, Blk F Lot 12, 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 that was brought before Planning and Zoning Commission for a zone change. The property owner requested a zone change from Residential 5 to Residential 1 in order to be in compliance. The property owner is requesting a Special Use Permit for a Mother In Law Suite. Public hearing opened at 6:19PM Katie Ruiz, grandaughter of property owner addressed commissioners. Ms. Ruiz stated that she is an authorized representative for her grandmother and that she is requesting a Special Use Permit to build a Mother In Law Suite. Public hearing closed at 6:20PM Motion to approve Case File 05-24PZ made by Commissioner Joe Suarez. Motion seconded by Commissioner Lydia Moss. Motion carried 6-0. Page Page53ofof20 4 VIII. CASE FILE 06-24PZ VIII. Consider the request of Slate Creek Ranch, LLC, applicant is requesting a Re-Plat of 2 lots into 1 lot. The property address is 118 S 4th Street, Jackberry Subdivision, BLK A, Lot 2B-1, 2B-2 (RESUB of Marsh Tract Block A), 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 simple subdivision. The property is located behind Jack in the Box. Public hearing opened at 6:22PM Public hearing closed at 6:22PM Motion to approve Case File 06-24PZ made by Commissioner Rosemberg Risa, III. Motion seconded by Commissioner Joe Suarez. Motion carried 6-0. IX. ADJOURNMENT Motion to adjourn made by Commissioner Rosemberg Risa, III. Motion seconded by Commissioner Lydia Moss. Motion carried 6-0. Meeting adjourned at 6:22PM Board Chair City Secretary Page Page64ofof20 4 Page 7 of 20 Page 8 of 20  CASE SUMMARY CASE FILE # 07-24PZ SITUS: 215 W Second Alley LEGAL DESCRIPTION: NCB 67 SOUTHERN SUBDIVISION BLK F LOT 10,12A CASE PETITION: Request of applicant Ramon Castro, is requesting a special use permit for Short Term Rental Use. Property will remain R-4 with special use permit. The address is 215 W Second Alley. NCB 67 SOUTHERN SUBDIVISION BLK F LOT 10,12A. City of Uvalde, Uvalde County Texas. Arial View This is zoned as Residential 4 See Street view on the next page. Page 9 of 20 215 W Second Alley View Page 10 of 20 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 11 of 20  CASE SUMMARY CASE FILE # 07-24PZ SITUS: ID 15619 W Second Alley LEGAL DESCRIPTION: NCB 67 SOUTHERN SUBDIVISION BLK F LOT 6A,8A CASE PETITION: Request of applicant Ramon Castro, is requesting a special use permit for Short Term Rental Use. Property will remain R-4 with special use permit. The address is 215 W Second Alley. NCB 67 SOUTHERN SUBDIVISION BLK F LOT 6A,8A. City of Uvalde, Uvalde County Texas. Arial View This is zoned as Residential 4 See Street view on the next page. Page 12 of 20 ID 15619 W Second Alley View ID 15619 W Second Alley View Page 13 of 20 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 14 of 20 17.20.018 Special Conditional use permit fee. An application for a special conditional use permit must be accompanied by a fee of two hundred dollars ($200.00) and the said two hundred dollars ($200.00) shall be paid to the city of Uvalde, Texas. (Ord. 2007-26, 2007) 17.20.020 Certain uses to be located by special conditional permit. A. Uses listed in subsection B of this section may locate in certain zones under certain conditions by a special conditional permit granted by the city council, after a report and recommendation by the commission. After receiving an application for permit, the commission shall hold a public hearing to determine the effect of such proposed use upon the neighborhood, character, traffic, public utilities, public health, public safety and general welfare; such public hearing shall be substantially the same and notices shall be given in accordance with the requirements for zoning amendments as provided in Section 17.16.010 of this code. After receiving the report and recommendation of the commission, the city council shall hold a public hearing relative to the application for permit, such public hearing to be substantially the same as required in Section 17.16.010 of this code. B. Uses for which special conditional permits shall be secured, conditions that must be observed and districts in which they may be allowed are: USE SPECIAL CONDITIONS DISTRICTS Bed and A. Bed and breakfast facilities Short term rentals are R-1 Single breakfast subject to the following special conditions: family facilities Short Residential Term Rentals Zones 1. Parking. One off-street parking space per guest sleeping room. and one off-street parking space for the owner/proprietor are required. 2. Number of guest sleeping rooms. The maximum number of guest sleeping rooms shall be eight. 3. Length of stay. The maximum length of stay for each guest shall be limited to 14 consecutive days within any 30-day time period. The maximum length of stay is 29 days. 4. The facility shall be owner occupied. 5. Signs shall conform to City of Uvalde Sign Control Ordinance. Home occupation signage. 6. No fee shall be charged for this permit. The property owner must register with the City and pay Hotel Occupancy Taxes. B. Health factors: 1. The meals shall be confined to a continental-type breakfast, consisting of pastries (prepared outside the Created: 2023-02-28 18:56:38 [EST] (Supp. No. 31) Page 1 of 2 Page 15 of 20  establishment), milk, cereal, fruit, fruit juice, and coffee, unless the facility meets all state health department requirements for commercial food service. Cooking in a guest room is prohibited. Meals may be prepared in kitchen facilities by the guests 2. The owner of the facility shall provide clean linens and towels on a daily basis, provide adequate heating, air conditioning, ventilation and lighting; provide adequate hot and cold water; provide adequate sewage disposal; maintain the outside area in a clean and sanitary manner; maintain the structure(s) in suitable state of repair; and properly clean the premises and facilities during the guests stay and after each guest has departed. 3. Inspections by the city code enforcement department will be made annually and upon demand as required by a complaint. The inspections must be successfully passed. C. Building and Fire Protection considerations: 1. Owner of bed and breakfast facility short term rentals must obtain a certificate of occupancy (C.O.) from the city building official after a special conditional use permit is issued, if a special use permit (SUP) is required. The facility must successfully pass the C.O. inspection. 2. The structure(s) must conform to all city and state building codes for existing or new construction as the situation dictates. 3. The city fire marshal or his representative shall inspect all bed and breakfast facilities short term rentals before a C.O. is issued. The facility must successfully pass the inspection. Regular inspections shall be made on an annual basis. 4. Each bed and breakfast facility shorth term rental must comply with the appropriate section on "Lodging and Rooming Houses" contained in NFPA 101 Life Safety Code. Created: 2023-02-28 18:56:38 [EST] (Supp. No. 31) Page 2 of 2 Page 16 of 20 Page 17 of 20  CASE SUMMARY CASE FILE # 09-24PZ SITUS: 217 W COMMERCE LEGAL DESCRIPTION: NCB 158, NORTH UVALDE SUBDIVISION, BLK 18 LOT 1, 2, 3 CASE PETITION: Request of applicant Manuel Vasquez is requesting to replat property into 1 lot. Arial View This is zoned as Residential R5 See Street view on the next page. Page 18 of 20  217 W Commerce St. Front View Side view Mackenzie St No letters required for subdivisions or replats. Page 19 of 20 Page 20 of 20