SANBENITO the city/  NOTICE OF. Al REGULAR MEETING OF THE SAN BENITO  PLANNING & ZONING COMMISSION THURSDAY, JULY25, 2024. AT 5:45 P.M. SAN BENITO ANNEX BUILDING NUMBER2 705 NORTH BOWIE STREET SAN BENITO, TEXAS OFFICIAL MINUTES  Planning & Zoning Commission: PL. 1. Velma De Los Santos V PL. 3. Adam Abrego PL. 5. Salvador Castillo Quorum: Yes: V No: Started: 5:57 PM Ended: 6:49PM  Present Absent V  Present Absent V  PL. 2. Jose Morales PL. 4. Hector Gomez  V  V  Staff: Johanna Maldonado-Planning Director, Monica L Rodriguez-Planner I, Krista A.  Cruz-Planner  Audience in Attendance: Eddie Loa, Juan Alonzo, Raul Garza, Mario Cervantes, Lolita Cervantes, Socorro Cervantes, Monica Cervantes, Ramiro Pecina, Guillermo Lazo, Francelia Lazo, Francisco Velma De Los Santos, chairperson-ACknowleaged a quorum and opened the meeting at  Galindo, Mike Travis 5:57 P.M. 1. 2. 3.  Velma De Los Santos, Chairperson- Welcomed the audience in attendance. Pledge of Allegiance to the U.S. Flag and to the Texas Flag.  Public Comments: Eddie Loa, 248 Charles Barber Rd-Stated he is against his neighbor getting the Conditional Use Permit for many reasons. He claimed his neighbor isn'tin compliance with his fence and stated iti is 8ft and not' Windstorm Certified. He also claimed the applicant is in violation to the Storage Building Ordinance that states only one storage building is allowed on the property. Mr. Loa also stated he doesn'twant any of the applicants permits approved until he Consideration and possible action to approve the Minutes of the May 16, 2024  is in compliance with the City Ordinances.  4.  Special Meeting of the Planning and Zoning Commission.  Pagel 11  July 25, 20241 Regular Planning &Z Zoning Meeting    Vote: Motion by: Adam Abrego Vote: For: V Against:  Second by: Jose Morales Motion: Passes  5.  Public Hearing and consideration and possible action to approve a request for a Conditional Use Permit to place a Storage Building greater than 200 square feet at a property located at 232 Charles Barber Rd., at an existing building Zoned SF-1 "Single Family One", bearing a Legal Description of Lot Twelve (12), Block One (1), Owens Subdivision, in Cameron County, Texas, according to map or plat thereof recorded in Volume 17, Page 13, Map records, Cameron  County, Texas. Applicant: Ramiro Pecina Krista A. Cruz, Planner -Presented the item.  Velma De Los Santos, Chairperson - Opened Public Hearing.  Public hearing opened 6:04 p.m.  Mike Travis,1695 Russell Lane-Stated he is against the application. Ramiro Pecina, Applicant-Stated it is a certified building and is engineered and the reason he is wanting it is to store his boat. He stated it will benefit everyone as his property taxes will be going up by adding the storage building to his  property.  Velma De Los Santos, Chairperson - Closed Public Hearing.  Public hearing closes 6:06p.m.  Jose Morales, Board Member-Asked since there will be two storage buildings and it is against the city Ordinance, will one of the other storage buildings be removed, or does it need to be removed before granting the applicant the Johanna Maldonado, Planning Director-Stated the applicant will probably just wait to see if they even get the Conditional Use Permit first before the remove Velma De Los Santos, Board Member-Asked if we knowi for surei if thatremoving Jose Morales, Board Member-Asked the applicant if he is looking into having it removed should the Conditional Use Permit be granted to him. Ramiro Pecina, Applicant-Stated it is a small storage building that he uses to store his lawn mower and doesn't have a problem removing it. He will just store Jose Morales, Board Member-Asked applicant againi ifh he knows that he willl have  Conditional Use Permit.  the other. it is the intention  the lawn mower in his new storage building.  tor remove it.  Page 12  July 25, 2024 Regular Planning &2 Zoning Meeting    Ramiro Pecina, Applicant-Stated he will be removing it.  Jose Morales, Board Member-Asked whether City staff has measured the fence Johanna Maldonado, Planning Director-Stated ithas been checked and does not  go over 6ft.  Vote: Motion by: Jose Morales Vote: For: Against:  Second by: Adam Abrego  Motion: Passes; with the condition that the current Storage Building must be  removed.  6.  Public Hearing and consideration and possible action to approve a request for a Conditional Use Permit to operate a Stripes Convenient Store with 24 hour fueling, alcohol sales and onsite consumption at a property Zoned C-2 Commercial General Retail Business", bearing a Legal Description of Being 2.52 Acre Tract of land out of Ten (10). Acres out of Block 130, Instrument Number 2011-0023009, and out of 65.37 acres of land consisting of that portion of Lot Twelve (12) lying North of the North Right of Way line of U.S. Highway 77, out of Block One Hundred and Thirty (130), of the San Benito Land and Water Company Subdivision, as recorded in Volume 1, Page 6 of the Map Records of Cameron County, Texas. Applicant: George Willett  Krista A. Cruz-Planner -Presented the item.  Velma De Los Santos-Chaimperson- Opened Public Hearing.  Public hearing opened 6:10 p.m.  Mike Travis, 1695 Russell Lane-Asked if people would be able to sit and drink Johanna Maldonado, Planning Director-stated they would, it is a Stripes Velma De Los Santos, Chairperson-Asked if any had any questions. Jose Morales, Board Member-Asked if the gas station will be used for pedestrian Johanna Maldonado, Planning Director-Stated it would not be used for trailers  alcohol there. Convenient Store.  cars only.  like some other convenient stores.  Velma De Los Santos-Chalirperson - Closed Public Hearing.  Public hearing closes 6:10p.m. Vote: Motion by: Adam Abrego Vote: For: V Against:  Second by: Jose Morales Motion: Passes  Page 13  July 25, 2024F Regular Planning &2 Zoning Meeting    7.  Public Hearing and consideration and possible action to solicit input regarding a request for a Conditional Use Permit to operate a Battery Energy Storage System on a property zoned A-O "Agriculture and Open Space", bearing a Legal Description of Tract 1: Being a 5.000 acre tract of land (217,796 SQ. FT) int the Bartolome and Eugenio Fernandez Survey, Abstract No. 16. Cameron County, Texas, being a portion of the called 20.00 acre tract of land conveyed to Camperos Development LLC. in Document No. 2022-45916, O.P.R.C.C.TX and Tract 2: Being a 0.672 acre tract of land (29,271 SQ. FT) in the Bartolome and Eugenio Fernandez Survey, Abstract No. 16, Cameron County, Texas, being a portion of the called 20.00 acre tract of land conveyed to Camperos Development LLC. in document 2022-45916 O.P.R.C.CTX. Applicant: Andrew  Burke  Krista A. Cruz-Planner -Presented the item.  Velma De Los Santos-Chairperson - Opened Public Hearing.  Public hearing opened 6:13p.m.  Guillermo Lazo-Stated he owns the property right next door and works in science but even just by doing a quick search, you could find all the risks of a Battery Storage. He also stated that they are very prone to explosions. He proceeded to show the Board Members and City staff videos on his iPad of the explosions they may cause. He stated thati it may also cause environmental problems with chemical reactions when they are released. He stated he strongly opposes to this because of the dangers also because there are homes and an Elementary School right next Lolita Cervantes, 2000 Yost Rd-Asked if anyone had informed the San Benito Johanna Maldonado, Planning Director-Stated letters were sent out to residents  to the property. School District. within the 200' radius.  Lolita Cervantes-Asked if they had any concerns.  Johanna Maldonado, Planning Director-Stated that as of now, City staff hadn't Monica Cervantes, 1850 Yost Rd-Stated she is a Chemistry teacher and teaches her students about chemicals. She stated these Battery Storages are filled with chemicals. She asked if people in the area that have wells were notified because chemicals will get into the water. She also stated that the area is a flood zone SO everyone would be compromised. She also asked who was investing in the site and asked whether they knew they would be compromising many people. Velma De Los Santos, Chairperson-Stated the City staff intake the applications sO they would be the ones to know who applied for the Battery Storage.  received anything.  Page 14  July 25, 2024 Regular Planning & Zoning Meeting    Johanna Maldonado, Planning Director-Stated thei individual did not make it to the meeting but would be at City Council to answer any questions. She also clarified thata all questions: arel beingwiltendownby Citystaffsothey couldall bea addressed. Monica Cervantes-Stated she believes our City Fire Department may not be prepared for this because it does take approximately 561 hours to stop the fire, and they would be compromising the entire area. She also stated that a 30 ft wall of Johanna Maldonado, Planning Director-Stated the City Fire Marshal is aware, and Mike Travis, 1695 Russell Lane-Is opposed to the Battery Storage and stated it is not a reliable source and produces a loto of carbon dioxide causing safety concerns. Francisco Galindo, 8Street-Stated he owns the property next tot the: site and asked Johanna Maldonado, Planning Director-Explained that out of the 20 acres of land, they would have an entrance, and it would be located in the back of the property. Francisco Galindo-Stated that it would be closer to him and the Elementary School then asked when they are planning to start the project and how long it would take. Johanna Maldonado, Planning Director-Stated they are in the beginning phases and barely seeing if it would even be allowed. She stated they do have a lot more to go through so it could take about 6 months to a year but there would be no point Fransisco Galindo-Stated he may subdivide: and sell the property that is whyl he had many questions, he also asked if he decided to keep the property, how noisy it Johanna Maldonado, Planning Director-Stated she was unsure how much noise it creates but that could be something staff could ask the applicant. Mario Cervantes, 2000 Yost Rd-Stated he agrees with many of the comments but also asked if the City would benefit from it in any way. Johanna Maldonado, Planning Director-Stated it would benefit the City because it stores energy in case of a hurricane or disaster and the Citywould stay with power.  concrete would need to be built inn order to stop the fire.  itisa a concern of his.  where exactly on the property it will be located.  to continue if not approved by City Council.  would be.  Mario Cervantes-Asked if it benefits financially.  Johanna Maldonado, Planning Director-Stated it benefits just the taxes. Adam Abrego, Board Member-Clarified all questions and concerns would be Raul Garza III-Asked how large the battery will be and if it would be creating any jobs. He also stated that since no one was there to speak behalf of the Elementary,  addressed sO now would be the time to ask.  he would be the one to do it.  Pagel 15  July 25, 2024 Regular Planning & Zoning Meeting    Randy Garza-Stated he was opposed of the project because the area is being developed for residential use SO putting an industrial building would make it an Gilbert Galvan-Stated he was there in behalf of his friends, family and the school. He asked if the developer could possibly find land elsewhere away from families and schools. He proceeded to say he was against the Battery Storage. Velma De Los Santos-Chairperson - Closed Public Hearing.  Industrial Park area.  Public hearing closes 6:35 p.m Vote: Motion by: Jose Morales Vote: For:__Against:  Second by: Adam Abrego Motion: Tabled  8.  Public Hearing and consideration and possible action to approve a request to rezone a property, bearing a Legal Description of: Being 13.97 acres of land out of Blocks Six (6), Seven (7), & Eight (8), Cunningham's Subdivision of Block 35, recorded in Volume 1, Page 43, Map Records of Cameron County, Texas from AO "Agriculture and Open Space" to SF-1 "Single Family One". Applicant:  Emiliano Rosel  Krista A. Cruz-Planner -Presented the item.  Velma De Los Santos-Chairperson 1- Opened Public Hearing.  Public hearing opened 6:38 p.m. rezoning the whole property.  Raul Garza m-Stated he owns the property adjacent and why the developer wasn't Johanna Maldonado, Planning Director-Stated the project is phased out. Raul Garza m-Asked if they will be building a road because there is a lot of traffic. Johanna Maldonado, Planning Director-Clarified that they will have 2 exits. Raul Garza III-Asked if one of the exits will be on Turner Road because it is bad with potholes and flooding when it rains so no one wants to use that road. He then Johanna Maldonado, Planning DiedorSlutedsiafiwoud getwitht thel PublicWorks  asked if Turner Road will be getting fixed.  Department.  Velma De Los santos-cnairperson: - Closed Public Hearing.  Public hearing closes 6:45 p.m.  Page 16  July 25, 2024 Regular Planning & Zoning Meeting    Vote: Motion by: Adam Abrego Vote: For: V Against  Second by: Jose Morales Motion: Passes  9.  Public Hearing and consideration and possible action to approve a request to rezone a property, bearing a Legal Description of: Being 37.592 acre (1,637,507.52 square feet) tract of land out of block 118, San Benito Land and Water Company Subdivision, Cameron County, Texas according to the map thereof recorded in Volume 1, Page 6, Map Records, Cameron County, Texas from MF Multi-Family Residential" to MH "Mobile Home". Applicant: Juan V.  Garcia, P.E  Krista A. Cruz-Planner -Presented the item.  Velma De Los santos-Chalmrperson - Opened Public Hearing.  Public hearing opened  p.m.  Velma De Los Santos-Chalirperson - Closed Public Hearing.  Public hearing closes Vote: Motion by: Adam Abrego Vote: For: V Against:  p.m.  Second by: Jose Morales Motion: Tabled  10. Consideration and possible action to approve the Preliminary Plat of Cielo Grande Subdivision, bearing a legal description of; 13.39 acre tract of land out of Blocks 107 and 108, of the San Benito Irrigation Company's Subdivision, Cameron County, Texas, according to the map thereof recorded in Volume 3, Pages 16-18, of the map records of Cameron County, Texas. Applicant: Omar  Aggarwal  Krista A. Cruz-Planner I-Presented the item.  Johanna Maldonado, Planning Director-Stated this project in not in our ETJ. (City  Limits)  Vote: Motion by: Adam Abrego Vote: For: V Against:  Second by: Jose Morales Motion: Passes  11. Adjournment  Velma De Los Santos-Vice Chairperson - Do Ihave a motion to adjourn?  25, 2024 July:  Page17  Regular Planning &2 Zoning Meeting    Vote: Motion by: Jose Morales Vote: For: V Against:  Second by: Adam Abrego Motion: Passes. Closed at 6:49 P.M.  CITY OF SAN BENITO Johanna Maldonado, Lhs  ins Sb Velma De Los Santos, Chairperson Planning & Zoning Commission  Director  Planning  Planning &Development Department  18 Page  2024  July 25, Regular Planning & Zoning Meeting