SANBENITO city  NOTICE OF A SPECIAL MEETING OF THE SAN BENITO PLANNING & ZONING COMMISSION THURSDAY, MAY 16, 2024 AT 5:30P.M SAN BENITO ANNEX BUILDING NUMBER: 2 705 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: y  Present Absent V No:  Present Absent V  PL. 2. Jose Morales PL. 4. Noelia Montez  V  V  Started: 5:30P.M. Ended: 6:13P.M.  Staff: Johanna Maldonado-Planning Director, Monica L Rodriguez-Planner: I, Krista A. Cruz-Planner I, Erika Reyes-Adminstrative Assistant, Anjel Camzales-Adminsralve  Secretary  Audience in Attendance: Gavino Sotello, Gabriel Colmenero, Ramon Diaz, Mariana Diaz, Elvia Velma De Los santos-Chairperson acknowledged a quorum and opened the meeting at 1. Velma De Los Santos- Chairperson- Welcomed the audience in attendance.  Vicinaiz, Yvette Vicinaiz Diaz  5:30P.M.  2. Pledge of Allegiance to the U.S. Flag and to the Texas Flag.  3. 4.  Public Comments: No public comments  Consideration and possible action to approve the Minutes of the March 7, 2024 Special Meeting of the Planning and Zoning Commission.  Vote: Motion by: Adam Abrego Vote: For: V Against:  Second by: Noelia Montez Motion: Passes  Pagell  May 16, 2024 Special Planning & Zoning Meeting    5.  Consideration and possible action to approve the Minutes of the April 24, 2024 Special Meeting of the Planning and Zoning Commission.  Vote: Motion by: Adam Abrego Vote: For: VAgainst  Second by: Noelia Montez Motion: Passes  6.  Public Hearing and consideration and possible action to approve a request to rezone a property located on Expressway 83, bearing al Legal Description of: Lot Twenty-One (21), Ebony Heights Subdivision, in Cameron County, Texas, according to map recorded in Volume 5, at Page 45, Map Records, Cameron County, Texas from AO "Agriculture and Open Space" to C-2 "Commercial  General Retail Business". Applicant: Juan David Valles Krista A. Cruz-Planner -Presented the item.  Velma De Los Santos-Chalirperson - - Opened Public Hearing.  Public hearing opened 5:35_p.m. There were no public comments.  Velma De Los santos-Chairperson - Closed Public Hearing.  Public hearing closes 5:35p.m.  Adam Abrego, Board Member-Asked if there is an easement to get to the Monica Rodriguez, City Planner-Stated there is a right of way there Noelia Montez, Board Member-Asked what the building in front of property is Velma De Los Santos, Chairperson-Stated it was a rental place.  property  Vote: Motion by: Adam Abrego Vote: For: Against:  Second by: Noelia Montez Motion: Passes  7. Public Hearing and consideration and possible action to approve a request to rezone a property located on 2734 E. Expressway 83, bearing a Legal Description of: Being a 1.86 acres tract of land more or less, situated in the County of Cameron, Texas, said 1.86 acres tract being out of Block 15, San Benito Land and Water Company Subdivision Recorded in Volume 1, Page 6, Map Records of Cameron County, Texas from AO "Agriculture and Open Space" to C-2 Commercial General Retail Business". Applicant: Ivan Garcia P.E.,  R.P.L.S.  Page 12  May 16, 2024 Special Planning &2 Zoning Meeting    Krista A. Cruz-Planner -Presented the item.  Velma De Los Santos-Chairperson - Opened Public Hearing.  Public hearing opened 5:38 p.m. There were no public comments.  Velma De Los Santos-Chalirperson - Closed Public Hearing.  Public hearing closes 5:38p.m  Adam Abrego, Board Member-Asked if this was the same situation as the one Monica Rodriguez, City Planner-Stated yes part of the property was rezoned to thea appropriate zone and applicant is just wanting to rezone the remainder of the  before  property.  Vote: Motion by: Adam Abrego Vote: For: V Against:  Second by: Noelia Montez Motion: Passes  8.  Public Hearing and consideration and possible action to approve a request rezone a property located on FM 509, bearing a Legal Description of: Being 4.64 acres of land out of Lot 9, Block 134, San Benito Land and Water Company Subdivision, Cameron County, Texas, according to the map or plat thereof recorded in Volume 1, Page 6, Map Records of Cameron County, Texas from AO "Agriculture and Open Space" to MF Multi-Family" Applicant:  Eric Solis  Krista A. Cruz-Planner -Presented the item.  Velma De Los santos-chamrperson - Opened Public Hearing.  Public hearing opened 5:40p.m.  Gavino Sotello, Resident at 798 JM Ojeda Rd-Stated he would be speaking against this project for many reasons, one would be the traffic in the area new developments, subdivisions and IDEA Public School have come in the area causing more traffic. He stated there has been several fatalities in the area and that there are many problems in that area with the signal light causing traffic to back up. He also stated his second concern was there are no sewer services in the area and they have to use septic tanks. He believes a facility like the one being proposed would not be able to run on septic tanks because the sewer line is on the other side of IDEA Public School. He stated JM Ojeda Rd isn't wide enough and people have driven into the ditches because they cannot see the barricades that have been needing the get fixed. He stated it is a dangerous location and isn't ready for development and the City needs to have a master  plan for the area.  Page 13  May 16, 2024 Special Planning & Zoning Meeting    Yvette Vicinaiz, Resident at 23653. JM Ojeda Rd-Stated she is against the project because she believes the area isn't ready for development because of all the traffic. She stated they don't have City septic or sewer in that area, maybe some  time along the line it will be ready but not right now. Velma De Los Santos-Chairperson - Closed Public Hearing.  Public hearing closes 5:51p.m.  Adam Abrego, Board Member-Asked if it will be an Assisted Living area like Johanna Maldonado, Planning Director-Statedi it would be an Assisted! Living area that doesn't have high traffic on a daily basis, it would just be nurses and some Adam Abrego, Board Member-Asked SO it won't be like Retama either Johanna Maldonado, Planning Director-Stated it wouldn't be they will have several structures to house the individuals in their own houses. Velma De Los Santos, Chairperson-ASked if all the developments would be Johanna Maldonado, Planning Director-Stated it would be something where the elderly would go and feel like they have their own independence. Noelia Montez, Board Member-Asked when changing to Multi-Family, whati is the designationandthe) dmadnaa.wow expectedtolivethere Johanna Maldonado, Planning Director-Stated she wouldn't be able to answer Adam Abrego, Board Member-Asked even if this passes what if the applicant decides not to do an Assisted Living area, would they be able to do duplexes Johanna Maldonado, Planning Director-Stated they would be ablet to do duplexes but they are ready to go on this Assisted Living project. Noelia Montez, Board Member-Asked if the City has a master plan  Camelot  staff.  separate  that right now because we are barely in the zoning phase  Johanna Maldonado, Planning Director-Stated there is a master plan and the City is going out for bids soon to update the master plan as it hasn't been updated Noelia Montez, Board MemberAsadsowhenwtines traffic control be conducted Johanna Maldonado, Planning Director-Stated when they are in the subdivision phase, the City will ask for a TIA test and if it shows that they will generate more trafficto get a full trip test thent thatwill be done. She also stated that they willhave  since 2016.  to provide an engineer traffic study.  Page 14  May 16, 2024 Special Planning & Zoning Meeting    Noelia Montez, Board Member-Asked what about the barricade issue that Mr. Johanna Maldonado, Planning Director-Stated they would need to get with the proper department and it'sj just a matter of the City getting a work order done but Velma De Los Santos, chairperson-ASked about infrastructure and how far the Johanna Maldonado, Planning Director-Stated they will be using a septic tank for the development and the developer has already done another project liket this one and they are doing the same thing because the sewer is too far. Velma De Los Santos, Chamrperson-stated the sewer is kind of far out there and there are things around that don't have City sewer just yet. Johanna Maldonado, Planning Director-Stated everything else water, hydrants Velma De Los Santos, Chairperson-Asked if the lines are large enough to Johanna Maldonado, Planning Director-Stated they are and if not, they will have Adam Abrego, Board Member-Stated he is all for Assisted Living, he just thinks Johanna Maldonado, Planning Director-Stated she believes they are placing it in Noelia Montez, Board Member-Stated it would be close to the hospitals. Velma De Los Santos, Chairperson-Asked what kind of land is adjacent to this Johanna Maldonado, Planning Director-Stated it is all agricultural and it will not be spot zoning as they would be setting presidance in the area and also stated that eventually developments will start making their way that way.  Sotello brought up.  it has nothing to do with the development.  sewer is from the area.  will be there.  withstand the fire hydrants in the area.  to upgrade. it's an odd place.  the area because it is very close to Harlingen.  project and asks if it will be considered spot zoning  Vote: Motion by: Noelia Montez Vote: For: Against: V  Second by: Velma De Los Santos Motion: Approve to Deny  9.  Public Hearing and consideration and possible action to approve a request for a Conditional Use Permit to operate a restaurant with alcohol at a property located at 2680 W. Business 77, at an existing building zoned C-2' "Commercial General Retail Business", bearing a Legal Description of: a tract of land 240 feet by 650 feet out of Lot Sixteen (16), Block One Hundred Forty Seven (147) San Benito Land and Water Company's Subdivision Cameron County, Texas. Applicant:  Gabriel Colmenero  Page 15  May 16, 2024 Special Planning &2 Zoning Meeting    Krista A. Cruz-Planner -Presented the item.  Velma De Los Santos-Chairperson - Opened Public Hearing.  Public hearing opened 6:05 p.m.  Gabriel Colmenero, Applicant-Stated he wants it approved as it was already a restaurant previously and he is the new owner he just wants to update it and be able to sell alcohol sO the residents can have somewhere else to go have fun.  Velma De Los santos-Chairperson - Closed Public Hearing.  Public hearing closes 6:06p.m.  Adam Abrego, Board Member-Stated the previous owners used to sell alcohol Velma De Los Santos, Chairperson-Clarlfies they have to have a Conditional Use Permit because when a business closes, it reverts back and future owners will Monica Rodriguez, City Planner-Clarifies that with the Conditional Use Permit the  there.  need to apply for the Conditional Use Permit.  City can always revoke it in case something does happen.  Vote: Motion by: Noelia Montez Vote: For: y Against:  Second by: Adam Abrego Motion: Passes  10. Public Hearing and consideration and possible action to approve a request for a Conditional Use Permit to operate a Church at a property located at 490 Hidalgo St, at an existing building zoned SF-1 "Single Family One", bearing a Legal Description ofLot Number Eleven (11), Block Number Two (2), Carmen Addition to the City of San Benito, Texas, according to Map or Plat thereof recorded in Volume 2, Page 5, of the Map Records of Cameron County,  Texas. Applicant: Jose Corral  Krista A. Cruz-Planner -Presented the item.  Velma De Los Santos-Chairperson - Opened Public Hearing.  Public hearing opened 6:09 p.m. There were no public comments.  Velma De Los Santos-Chairperson - Closed Public Hearing.  Public hearing closes 6:09p p.m.  Adam Abrego, Board Member-Asked if it used to be a convenience store Monica Rodriguez, City Planner-Stated it used to be Salome Meat Market  2024  May 16, Special Planning &2 Zoning Meeting  Page 16    Vote: Motion by: Adam Abrego Vote: For: V Against:  Second by: Noelia Montez Motion: Passes  11. Consideration and possible action to approve the Preliminary Plat of Elite Estates Subdivision, bearing a legal description of; 42.66 acres of land comprised of all of Lot 47, Resaca Front Subdivision, Being 5.39 acres recorded in Volume 2, Page 21, Map Records of Cameron County, Texas and 37.27 acres out of Block 131, San Benito Land and Water Company Subdivision, Recorded in Volume 1, Page 6and Volume 1, Page 25, Map Records of Cameron County, Texas, Being out of the Tracts of land described in Volume 24265, Page 76, Official Records of Cameron County, Texas. Applicant: Elite Estates of Texas LLC. Krista A. Cruz, City Planner I- Presented the item.  Velma De Los Santos, Chairperson-ASked if this has come before the board Johanna Maldonado, Planning Director-Stated it has but as a rezone  before.  Vote: Motion by: Adam Abrego Vote: For: V Against:  Second by: Noelia Montez Motion: Passes  12. Adjournment  Velma De Los Santos-Vice Chaiperson-Dolhave a motion to adjourn?  Vote: Motion by: Adam Abrego Vote: For: V Against:  Second by: Noelia Montez Motion: Passes Closed at 6:13 P.M.  CITY OFSANBENITO A  Johanna  2AB84 Velma De Los Santos, Chairperson Planning & Zoning Commission  Maldonado, Planning Director Planning &/Development Department  Pagel 17  May 16, 2024 Special Planning &2 Zoning Meeting