Planning & Zoning Commission Meeting Date: 11/14/2018 Submitted By: Janice Pokrant, Engineering Department 3.a. SUBJECT: Information Conduct a Public Hearing and Consider a Request for Zoning Change Appeal # 18-08 by Jose J. Garza Romero who is requesting a Zoning Change from Local Commercial District (C-1) to Commercial First Height District (C-2-A). Property Description: Lot 1, Block 5, First Railroad Addition (600 East 3rd Street.) BACKGROUND: Applicant: Jose J Garza Romero Address: 600 East 3rd Street Requested Action: A change in zoning from C-1 to C-2-A. Zoning History: No appeals have been received on this property within the last 6 months. ADJACENT LAND USES Direction Zoning Land Use North C-2-A Mini-storage units South C-1 & C-2-A Commercial businesses and single-family dwellings East C-1 & R-M Single-family dwellings West C-2-A Commercial businesses Notifications Property Owner Notices Mailed: 32 Opposition: None received to date Support: None received to date No Comment: None received to date Returned to Sender: None received to date DISCUSSION: The subject property has an existing commercial business on the front of the lot which is named The Solution. The applicant is requesting this zoning change in order to also use the property for a small car sales lot. If the zoning is approved the existing building will also house the sales office for the dealership. PROS: Changing the zoning of the property to C-2-A would be consistent with the zoning of some of the adjacent property. A small car sales lot would be a compatible use with the surrounding properties. CONS: Approving this request would change the zoning of the property to a more intense commercial use. Should the property change hands to another owner there are additional commercial uses that might not be as compatible with the adjacent residential land east of this property as the proposed car lot would be. RECOMMENDATION: Staff recommends approval of the requested zoning change from C-1 to C-2-A to allow for a small car dealership to be located on the property.
18-08 Application Zoning Map 18-08 Zoning Regulations Attachments
Zoning Map for 602 E 3 rd Street
City of Del Rio Use and Area Regulations for Industrial (I) and Local Commercial (C-1) Zoning Districts ARTICLE VII. - C-1 LOCAL COMMERCIAL DISTRICT Sec. 30-101. - Use regulations A building or premises shall be used only for the following purposes: Any use permitted in the R-M District. Residential use of temporary structures is prohibited. Individual trailers may be occupied for residential purposes, and for this purpose they shall be considered as a single-family dwelling and shall comply with all of the requirements herein as to a single-family dwelling in this district. Sale of goods and products at retail excepting automobiles, trailers, mobile homes, motorcycles, farm equipment and machinery and earth-moving and heavy construction equipment. Shops for repair and servicing of bicycles, typewriters, electrical radio and television appliances, keys and similar articles. Dressmaking, millinery, tailoring, shoe repair, laundry, dry-cleaning and similar trades. Banks. Animal hospitals and clinics where there are no open kennels. Commercial schools. Undertaking establishments. Commercial parking lots. Bowling alleys and other indoor commercial recreation. Motels and hotels. Theaters, but not drive-in. Signs (advertising) used in connection with and on the same lot as the establishment to which they refer. No flashing or revolving lighting devices shall be permitted. (Code 1962, 11-6-1) Sec. 30-102. - Height regulations. The height regulations are the same as those in the R-M District regulations. Sec. 30-82. - Height regulations. No building shall exceed forty (40) feet or three (3) stories in height. Sec. 30-103. - Area regulations. The area regulations in the R-M District regulations shall apply, except that: (1) No rear yard is required for a nonresidential use that is on a lot that does not back upon an R district; (2) Side yards of four (4) feet only are required on a lot used for a nonresidential purpose, provided that along a side lot line adjoining an R District a side yard is provided, as required in the R-M District regulations. Sec. 30-83. - Area regulations. (a) Size of yards. (1) Front yard. There shall be a front yard having a depth of not less than ten (10) feet. There shall be no parking in the required front yard. (2) Side and rear yard. No structure shall be closer to a side or rear lot line than seven (7) feet or a distance equal to thirty (30) per cent of the height of the structure, whichever distance shall be the greater. A detached accessory building may be located within three (3) feet of the rear lot line provided that the rear lot line is also a right-of-way line for a public alley or a public utility easement which easement shall have a width of not less than ten (10) feet.
(3) Lot coverage. Except for the required yards, there is no requirement if there is no residential use on a premises. When there is a residential use upon a premises no more than sixty (60) per cent of the total area of a lot shall be covered by structures. Structures shall include all buildings, principal and accessory, sheds and shelters, but does not include roofed or covered parking areas where there are no side walls to the structure. (b) Size of lot. (1) Lot area, lot width and lot depth. There are no minimum requirements for nonresidential uses. For all residential uses, the minimum area and dimensions for a lot as set forth in the R-S District regulations shall apply, and no lot shall contain less than one thousand five hundred (1,500) square feet per dwelling unit thereon. ARTICLE VIII. - C-2-A COMMERCIAL, FIRST HEIGHT DISTRICT Sec. 30-116. - Use regulations. A building or premises shall be used only for the following purposes: Any use permitted in the C-1 District regulations. Automobile, motorcycle and truck repair conducted only in a building. Garages, including storage garages. Public cold storage lockers. Print, furnace, heating, air-conditioning, sheet metal, plumbing, tire and car washing establishments and similar shops. Retail sales of automobiles, trailers, mobile homes and motorcycles. Soft drink bottling. Jewelry manufacturing. Testing laboratories. Outdoor commercial recreational activities. Lumberyards. Bakeries, wholesale. Drive-in theaters. Newspaper publishing. Signs and billboards. Television and radio broadcasting transmitters. Retail sales of farm equipment and machinery and earth-moving and heavy construction equipment. Any other use, excepting scrap metal, junk, pipe, automobile wrecking and other outdoor storage yards, and providing that: (1) There shall be no possible hazard to adjoining properties and their occupants from explosives or other volatile material or from radiation or radioactivity; and that (2) All outdoor storage or activities shall be screened from public view by a wall of not less than six and one-half (6½) feet in height, and as approved by the building official of the City of Del Rio; and (3) That there shall at no time be emitted by the use of any odor, smoke, glare, fumes, vibration, dust or other airborne matter that may be readily detectable without instruments from any point beyond the premises upon which the use is located, excepting noise, which shall not be of such volume or pitch to be a nuisance, obnoxious or to adversely affect the value or use of adjoining and nearby properties and public areas. All manufacturing activities shall be conducted only within completely enclosed structures, the walls of which are pierced only by windows and doors of average size. (Code 1962, 11-7-1) Sec. 30-117. - Height regulations. The height regulations are the same as those in the C-2-B District regulations. (Code 1962, 11-7-2; Ord. No. 2004-07, 1, 11-9-04) Sec. 30-118. - Area regulations. The area regulations in the R-M District regulations shall apply, except that:
(1) No rear yard is required for a nonresidential use that is on a lot that does not back upon an R District; (2) A ten-foot front yard is required; and (3) No side yard is required on a lot used for a nonresidential purpose; provided that along a side lot line adjoining an R District, a side yard is provided as required in the R-M District regulations. (Code 1962, 11-7-3) Sec. 30-119. - Parking regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in section 30-226. (Code 1962, 11-7-4)
Planning & Zoning Commission Meeting Date: 11/14/2018 Submitted By: Janice Pokrant, Engineering Department 4.a. SUBJECT: Information Administrative Appeal of Access Decision for the proposed replat of Lot 4 within the Buena Vista Subdivision by Hector Canales, PE representing Maria Teresa Villareal BACKGROUND: Applicant: Hector Canales P.E., representing Maria Teresa Villareal Address: S Terry and Nancy Streets Requested Action: An appeal of staff determination Lot Size: 228.50' x 417' Zoning History: No appeals or requests have been received on this property within the last 6 months Flood Plain Clearance: This property lies within the FEMA designated Floodway and Floodplain Related Codes and Ordinances: ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 11-32. Standards for subdivision proposals. (a) All subdivisions proposals, including the placement of manufactured home parks and subdivisions, shall be consistent with article I, sections 11-2 through 11-4, of this chapter. (b) All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet the development permit requirements of article III, section 11-17; article IV, section 11-27, and the provisions of article V of this chapter. (c) Base flood elevation data shall be generated for subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions, which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to article III, section 11-16, and article IV, subsection 11-26(8), of this chapter. S ec. 11-1. Statutory authorization. The legislature of the State of Texas has, in Section 16.315 of the Texas Water Code, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the city council does ordain as follows. (Ord. No. 87-39, Art. 1, A, 9-22-87; Ord. No. 90-21, 1, 7-24-90) Sec. 11-2. Findings of fact. (a) The flood hazard areas of Del Rio, Texas, are subject to periodic inundation which results in the loss of life and property, health and safety hazards, disruption of commerce and governmental services and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. (Ord. No. 87-39, Art. 1, B, 9-22-87) Sec. 11-3. Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines and streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and (7) Ensure that potential buyers are notified that property is in a flood area. (Ord. No. 87-39, Art. 1, C, 9-22-87) Sec. 11-4. Methods of reducing flood losses. In order to accomplish its purposes, this chapter uses the following methods: (1) Restricting or prohibiting uses that are dangerous to health, safety or property in times of flood or cause excessive increases in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters; (4) Controlling filling, grading, dredging and other development which may increase flood damage; (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (Ord. No. 87-39, Art. 1, D, 9-22-87) Secs. 11-5--11-9. Reserved. DISCUSSION: Mr. Canales presented a draft replat of Lot 4 in the Buena Vista Subdivision for staff review. The owner is proposing to subdivide the property into three lots. The proposed lot in the rear facing an unimproved section of Nancy Street has more than half of the lots with flood way and flood plain located on it. Staff has a few concerns with this proposed lot as listed below and does not feel like bringing this plat forward for approval as it currently proposed is in the best interest to the property owner or city as a whole: 1. When someone comes to develop the property, they will be very limited on what and how they can build on this property with the large amount of flood plain and flood way located on the proposed lot. This could make development of this lot very expensive for the property owner. 2. In a rain event this lot could have a large amount of water on it which would block in an owner from accessing a Nancy Street to go in to the lot or out of the lot. This would also limit emergency vehicles from responding to residents during a rain event. 3. Nancy Street is unimproved and is not currently listed on a paving plan. This could be a problem with access as well in a rain event should someone develop this lot. With the above mentioned concerns staff responded back to Mr. Canales that the proposed replat was denied as presented. The proposed Lot 4C would need to have access to Terry Street or should be eliminated and make 4A & 4B the full length of the original lot. PROS: Overturning the staff decision would allow for the plat to move forward as it is currently situated for the approval process. CONS: Overturning the staff decision could create an expensive lot for development and possibly an unsafe situation for the person who builds on the property. RECOMMENDATION:
Staff does not recommend approving this administrative appeal. Proposed Replat Location Map Attachments
Location map for S Terry & S Nancy
Planning & Zoning Commission Meeting Date: 11/14/2018 Submitted By: Janice Pokrant, Engineering Department 4.b. SUBJECT: Information Discussion and Possible action on a recommendation to amend Chapter 26, section 26-6 of the City of Del Rio's Subdivision Regulations BACKGROUND: The Gas Department is requesting that some modifications be done to the City of Del Rio Code of Ordinances in order to have a formal policy on the extension of gas lines to new subdivisions. Staff is proposing to make the following changes to the Subdivision Ordinance. Sec. 26-6. - Required water supply, sewage collection system and city gas system. No land within the City of Del Rio shall be subdivided for any use or purpose without the provisions to each lot therein of water supply and/or sewage collection lines that are tied into the city's water supply system, and/or the city's sanitary sewage collection system, and/or the city s gas systemwhenever such public water supply, and/or sanitary sewage collecting lines, and/or gas linesare of adequate capacity, as shall be determined by the city's engineer are located within one thousand (1,000) feet of such subdivisions and can be brought to such subdivision within the right-of-way of an existing public street or utility easement or across property owned by the developer of such proposed subdivision. (Ord. No. 87-04, 1, 1-13-87; Ord. No. 87-46, 1(A), 12-2-87) DISCUSSION: Currently there is not a policy for the extension of the gas line into new residential subdivisions. Some of the developers have voluntarily extended the gas lines into the subdivisions while others others have not. Staff is proposing to make this change to the ordinance in an effort to both provide a uniform standard and to allow for this additional service to our community. PROS: Approving this change will allow for uniformity in the regulations and level of services provided to our residential community. CONS: Approving this change will require the developer of the subdivision to determine if the gas line will need to be extended to the new development. RECOMMENDATION: Staff recommends approval of the requested amendment to Chapter 26-6 of the City of Del Rio Code of Ordinances. No file(s) attached. Attachments