Planning and Zoning Committee

PLANNING AND ZONING COMMISSION AGENDA REGULAR MEETING TUESDAY MARCH 5, 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 21  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, March 5, 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 4-6 Consider approval of the minutes from the February 6, 2024, Regular Planning and Zoning Commission meeting. Planning and Zoning Committee - Feb 06 2024 - Minutes - Pdf III. CASE FILE 10-24PZ 7 - 10 Consider the request of Slate Creek Ranch (Roland Garcia), property owner is requesting a re-zone from Business-1 to Residential 2b. The property is located at 203 N. College Ln., NCB 245, Campbell Subdivision Blk 9, 10 Lot 8-C PT, City of Uvalde, Uvalde County Texas. a) Staff comments b) Public hearing c) Reconvene meeting for discussion and decision on application Case File 10-24PZ R. Garcia 203 N College Ln IV. CASE FILE 11-24PZ 11 - 15 Consider the request of Karen Douglas, representing AT&T, applicant is requesting a re-zone from Residential 1 to Factory Industrial-Division 1. The property is located at 201 N. High St., NCB 41, Old Town Subdivision, BLK 4, Lot 47, 55A, 63A, 71A, 79A, City of Uvalde, Uvalde County Texas. a) Staff comments b) Public hearing c) Reconvene meeting for discussion and decision on application Case File 11-24PZ K. Douglas 201 N. High St V. CASE FILE 12-24PZ 16 - 19 Consider the request of Araceli Castaneda, property owner is requesting a re-zone from Residential-4 to Commercial Residential 1. The property is located at 440 S. Getty St., NCB 73, Heard Subdivision, BLK Q, Lot 7 A, 8 A, City of Uvalde, Uvalde County Texas. a) Staff comments b) Public hearing c) Reconvene meeting for discussion and decision on application Case File 12-24PZ A. Castaneda- 440 S Getty St. VI. CASE FILE 08-24PZ 20 - 21 Consider the request of the City of Uvalde, applicant would like to Page 2 of 21  amend Title 17-Zoning, Section 17.20.018 and Section 17.20.020 in reference to Short Term Rentals. a) Staff comments b) Public hearing c) Reconvene meeting for discussion and decision on application Short term rental ordinance changes_ VII. ADJOURNMENT Certificate: I certify that the above and foregoing notice was posted in compliance with 551.043, Texas Government Code at 10:00 a.m., March 1, 2024. ______________________________ Vince DiPiazza, City Manager Page 3 of 21  MINUTES Regular Planning and Zoning Commission Meeting 6:00PM - Tuesday February 6, 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 February 6, 2024, at 6:00PM, in the City Hall, Council Chambers, with the following members present: COMMISSIONERS Gabriela Anfinsen PRESENT: Lydia Moss Rosemberg Risa, III Joe Suarez Jose Tomas Garcia-Alt. COMMISSIONERS Matthew Visel-Board Chair ABSENT: Gilbert Limones Walter Tidwell Regina Santos-Aviles-Alt. STAFF PRESENT: Susan Anderson-Director of Planning and Development Sorayda A. Sanchez-City Secretary Jovita Maldonado-Code Enforcement Officer Monica Lara-Permit Technician I. CALL MEETING TO ORDER II. APPROVAL OF MINUTES II. Consider approval of the minutes from the January 2, 2024, Regular Planning and Zoning Commission meeting. Motion to approve the minutes from the January 2, 2024 Regular Planning and Zoning Commission meeting made by Commissioner Joe Suarez. Motion seconded by Commissioner Lydia Moss. Motion carried 5-0. III. CASE FILE 07-24PZ III. 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 Page Page41ofof21 3  Susan Anderson, Director of Planning and Development explained to Commissioners, that this is a request to use all 7 structures on 215 W. Second Alley as short-term rentals. The property is zoned multifamily. There were 37 letters mailed, 32 were returned, 2 unclaimed, 3 not received. Of those returned 3 were in favor and 4 against. Public hearing opened at 6:05PM Citizen Mario Alberto Resma addressed the Commissioners with his concerns. Mr. Resma read from a statement he had prepared. In the statement, he mentioned that he was against this request and hoped that commissioners would consider denying it. Mr. Resma stated that he did not like the idea of constant change in tenants. He also stated that Mr. Castro had moved the structures onto the property illegally and would like to see them removed. Citizen Pete Pruneda addressed the Commissioners with his concerns. Mr. Pruneda asked if the rentals would be the existing mobile homes or if there would be condominiums. He also asked about the ordinance regarding Short Term Rentals and what information was included in the ordinance. Mrs. Anderson stated that the current ordinance is written for Bed and Breakfasts. Staff is working on amending the current ordinance to reflect information on Short Term Rentals. Ramon Castro, property owner addressed Commissioners. Mr. Castro started by apologizing to the neighbors present. Mr. Castro stated that he has not brought any building on to the property illegally. He has placed 2 buildings on the property and has obtained a permit for each. The homes are replacing mobile homes that were removed from the property. Mr. Castro kindly requested approval. Public hearing closed at 6:25PM Motion to deny Case File 07-24PZ made by Commissioner Joe Suarez. Motion seconded by Commissioner Lydia Moss. Motion did not pass 2-3. Motion to approve Case File 07-24PZ made by Commissioner Gaby Anfinsen. Motion seconded by Alt. Commissioner Jose Tomas Garcia. Motion carried 3-2. IV. CASE FILE 08-24 PZ IV. 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 Susan Anderson Director of Planning and Development addressed Commissioners. Mrs. Anderson reviewed the proposed changes with commissioners. Proposed changes are related to the following in the ordinance: name change from Bed and Breakfast to Short Term Rentals, length of stay, parking, signage, and permit fee for application. Motion to table Case File 08-24PZ made by Commissioner Gaby Anfinsen. Motion seconded by Commissioner Rosemberg Risa. Motion carried 4-1. V. CASE FILE 09-24PZ V. 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 Page Page52ofof21 3  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 addressed Commissioners. Mrs. Anderson stated that this is a request to combine all lots into 1. The property meets all requirements. No letters were mailed, as it is not required for this request. Public hearing opened at 7:00PM Public hearing closed at 7:00PM Motion to approve Case File 09-24PZ made by Alt. Commissioner Jose Tomas Garcia. Motion seconded by Commissioner Joe Suarez. Motion carried 5-0. VI. ADJOURNMENT Meeting adjourned at 7:01PM Board Chair City Secretary Page Page63ofof21 3 Page 7 of 21  CASE SUMMARY CASE FILE # 10-24PZ SITUS: 203 N COLLEGE LN. LEGAL DESCRIPTION: NCB 245, CAMPBELL SUBDIVISION BLK 9,10 LOT 8-C PT CASE PETITION: Request of applicant Slate Creek Ranch Roland Garcia is requesting to Re-Zone Business-1 to Residential 2b. The address is, NCB 245, CAMPBELL SUBDIVISION BLK 9,10 LOT 8-C PT, City of Uvalde, Uvalde County Texas. Arial View This is zoned as Business 1 See Street view on the next page. Page 8 of 21 203 N COLLEGE LN. Front View Side view Page 9 of 21 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 10 of 21 Page 11 of 21  CASE SUMMARY CASE FILE # 11-24PZ SITUS: 201 N HIGH ST. LEGAL DESCRIPTION: NCB 41, OLD TOWN SUBDIVISION BLK 4 LOT 47 55A 63A 71A 79A CASE PETITION: Request of applicant Karen Douglas, representing AT&T, is requesting to Re- Zone Residential 1 to Factor Industrial -Division 1. The address is, NCB 41, OLD TOWN SUBDIVISION BLK 4 LOT 47 55A 63A 71A 79A City of Uvalde, Uvalde County Texas. Arial View This is zoned as Residential R5 See Street view on the next page. Page 12 of 21 201 N HIGH ST. Front View Side view Page 13 of 21 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 21 Page 15 of 21 Page 16 of 21  CASE SUMMARY CASE FILE # 12-24PZ SITUS: 440 S GETTY ST. LEGAL DESCRIPTION: NCB 73, HEARD SUBDIVISION BLK Q LOT 7 A,8 A CASE PETITION: Request of applicant Araceli Castaneda is requesting to Re-Zone from Residential-4 to Commercial Residential 1. The address is, NCB 73, HEARD SUBDIVISION BLK Q LOT 7 A,8 A City of Uvalde, Uvalde County Texas. Arial View This is zoned as Residential 4 See Street view on the next page. Page 17 of 21 440 S GETTY ST. Front View Side view Page 18 of 21 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 19 of 21 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 20 of 21  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 21 of 21