I. The Mayor and City Council allow for a specific portion ofthe City Council Meeting to be ...

357 Pages·2013·41.47 MB·English

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THE CIT Y F
I I I
~)UII U
EDINBURG CITY COUNCIL
CITY OF EDINBURG, HIDALGO COUNTY, TEXAS
LOCATION: City ofEdinburg
City Hall-Council Chambers
415 West University
Edinburg, Texas 78541
JUNE 04,2013
WORK SESSION
4:00P.M.
I. City Budgetfor Fiscal Year 2013-2014 Goal Setting Session.
II. Review Departmental Goals, Capital Outlay, and Personnel Requirements.
REGULAR MEETING AGENDA
7:00P.M.
I. CALL TO ORDER, ESTABLISH QUORUM
A. Prayer.
B. Pledge ofAllegiance.
II. CERTIFICATION OF PUBLIC NOTICE
III. PUBLIC COMMENTS
The Mayor and City Council allowfor a specificportion ofthe City Council Meeting to
be dedicated topublic comments. Public Comments are limited to three (3) minutes. Ifa
resident desires to make apublic comment, please complete the Public Comments Form
which will be located outside ofthe City Council Chambers and submit the completed
form to the City Secretary prior to the commencement ofthe City Council Meeting. We
askfor everyone's cooperation infollowing thisprocedure.
IV. PUBLIC HEARINGS
415 W. University Drive • P.O. Box 1079 • Edinburg, Texas 78540
Phone [phone] • Fax (956) 383·7111
A. Hold Public Hearing and Consider Ordinance for the Comprehensive Plan
Amendment from General Commercial Uses to Auto-Urban Uses and the Rezoning
Request from Neighborhood Conservation 5 (NC5) District to Auto-Urban
Residential (AU) District, Being Lot 13, Block 2, Vela Subdivision, Located at 402
South 34th Street, as Requested by Imelda Perez. [Juan R. Lopez, AICP, Director of
Planning and Zoning]
B. Hold Public Hearing and Consider Ordinances Providing for the Comprehensive Plan
Amendment from Auto-Urban Uses to General Commercial Uses and the Rezoning
Request from Suburban Residential (S) District to Commercial General (CG) District,
Being a 1.074 Acre Tract ofLand More or Less out ofthe South Y2 ofLot 2, Section
275, Texas-Mexican Railway Company's Survey, Located at the South East Corner
of Sprague Street and McColl Road, as Requested by Leonel Villarreal. [Juan R.
Lopez, AICP, Director ofPlanning and Zoning]
C. Hold Public Hearing and Consider Ordinance for the Comprehensive Plan
Amendment From Suburban Uses to Industrial Uses and the Rezoning Request from
Neighborhood Conservation (NC 7.1) Residential District to Industrial (1) District,
Lot 44,281 Estates, Located at 603 West Orange Ave, as Requested by Jorge Marin.
[JuanR. Lopez, AICP, Director ofPlanning and Zoning]
D. Hold Public Hearing and Consider Ordinance for the Rezoning Request from
Neighborhood Conservation (NC7.l) District to Commercial General (CG) District,
Being Lot 8 and the North 25 feet ofLot 9, Block 7, Country Club Place Subdivision,
Located at 1307 South 10th Street as Requested By Dora Garza. [Juan R. Lopez,
AICP, Director ofPlanning and Zoning]
E. Hold Public Hearing and Consider Ordinance Providing for the Renewal of the
Special Use Permit for the On-Premise Consumption ofAlcoholic Beverages for Beer
Belly's Bar & Grill, Lots 1, 11 &12, Block 100, Edinburg Original Townsite, Located
at 720 North Closner Boulevard, as Requested by Loco Cheers, LLC. [Juan R. Lopez,
AICP, Director ofPlanning and Zoning]
F. Hold Public Hearing and Consider Ordinance Providing for the Renewal ofa Special
Use Permit for an On-Premise Consumption ofAlcoholic Beverages for "Cubby Hole
Bar & Grill", Lot 1, Block 1, Enfield Estates Subdivision, Located at 1927 Tourist
Drive, as Requested by Gilbert B. Longoria, III. [Juan R. Lopez, AICP, Director of
Planning and Zoning]
V. ORDINANCES
A. Consider Ordinance Amending the Unified Development Code (UDC) Article 10,
Landscaping and Tree Protection, Section 10.505, Irrigation Systems Standards for
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Open Space and Landscaping, Subsection A,3., Manual Watering. [Juan R. Lopez,
AICP, Director ofPlanning and Zoning]
B. Consider Ordinance Providing for a Temporary Special Use Permit and Waiver of
Application Fee for "Texas Cook'em High Steaks in Edinburg" (Cook-Off and
Outdoor Concert) to be held Friday, July 5, 2013 and Saturday, July 6, 2013, Being
the South Half of Lot 11, Section 268, Texas-Mexican Railway Company Survey,
Located at 714 South Raul Longoria Road, as Requested by Edinburg Chamber of
Commerce. [JuanR. Lopez, AICP, Director ofPlanning and Zoning]
VI. VARIANCES
A. Consider Variance Request to the City's Unified Development Code Article 8,
Section 8.402.B Fire Flows and Hydrants Standards for Chune Subdivision, an 11.22
Acre Tract of Land, Being a 5.71 Acre Tract of Land out of Lot 11, Section 267,
Texas-Mexican Railway Company Survey; and Lots 1 and 2, Richardson Estates
Subdivision, Located Approximately 2,334 Feet East of Cesar Chavez Road on the
South Side ofRichardson Road, as Requested by Quintanilla, Headley & Associates.
[JuanR. Lopez, AICP, Director ofPlanning & Zoning]
B. Consider Variance Request to the City's Unified Development Code Article 8,
Section 8.216 Street Lighting Standards for Chune Subdivision, an 11.22 Acre Tract
ofLand, Being a 5.71 Acre Tract ofLand Out ofLot 11, Section 267, Texas-Mexican
Railway Company Survey; and Lots 1 and 2, Richardson Estates Subdivision,
Located Approximately 2,334 Feet East ofCesar Chavez Road on the South Side of
Richardson Road, as Requested by Quintanilla, Headley & Associates. [Juan R.
Lopez, AICP, Director ofPlanning & Zoning]
C. Consider Variance Request to the City's Unified Development Code Article 8,
Section 8.213 Sidewalk Standards for Chune Subdivision, an 11.22 Acre Tract of
Land, Being a 5.71 Acre Tract ofLand Out ofLot 11, Section 267, Texas-Mexican
Railway Company Survey; and Lots 1 and 2, Richardson Estates Subdivision,
Located Approximately 2,334 feet East of Cesar Chavez Road on the South Side of
Richardson Road, as Requested by Quintanilla, Headley & Associates. [Juan R.
Lopez, AICP, DirectorofPlanning & Zoning]
VII. APPOINTMENTS
A. Discuss and Consider Appointments for the Following: Lower Rio Grande Valley
Development Council, One Member, One Alternate.
B. Consider Appointment ofaMember ofthe Edinburg City Council as MayorPro Tern.
[Ramiro Garza, Jr., City Manager]
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VIII. AWARDING OF BIDS
A. Consider Awarding Bid No. 2013-71, Replacements of Lift Station Pumps to Odessa
Pumps & Equipment, in the Amount of $75,666.76. [Arturo Martinez, Director of
Utilities]
B. Consider Awarding Bid No. 2013-81, Construction Material, to Frontera Materials,
Inc., for their Unit Price of $85.00 Per Ton of Cold Mix, and to Valley Caliche
Products, Inc., for their Unit Price of$57.00 Per Ton ofHot Mix and Authorize City
Manager to Execute Agreement Relating Thereto. [Ponciano N. Longoria, P.E.,
C.F.M., Director ofPublic Works]
C. Consider Rejecting Bid No. 2013-82, Hot Mix Hauling Services. [Ponciano N.
Longoria, P.E., C.F.M., Director ofPublic Works]
D. Consider Awarding RFP No. 2013-002, Lease, Service, and Installation of
Multifunctional Copier Equipment to Ricoh USA, Inc., and Total Imaging Solutions,
Inc., and Authorize the City Manager to Negotiate and Enter into Lease Agreements.
[MyraL. Ayala Garza, City Secretary]
IX. CONTRACTUAL
A. Consider Authorizing City Manager to Execute a Crossing Maintenance Agreement
for the Rehabilitation ofthe Sprague Road and 5th Avenue Railroad Crossing, with
Rio Valley Switching Company, in the Amount of $44,247.41. [Ponciano N.
Longoria, P.E., C.F.M., Director ofPublic Works]
X. CONSENT AGENDA
A. Consider Transfers of Funds in the Fiscal Year 2012-2013 Budget Within the
Following Accounts:
1. General Fund: FROM Botanical; and Professional Services TO Motor Vehicles;
and Machines & Equipment, in the Amount of $18,000. [Luis Rodriguez,
Director ofCommunity Services]
2. General Fund: FROM Office Supplies TO Dues & Subscriptions, in the Amount
01'$1,000. [ShawnM. Snider, Fire Chief]
3. Utility Fund: FROM Professional Services TO Chemicals-Medical & Lab;
Equipment; Machines & Equipment; and Motor Vehicles, in the Amount of
$25,000. [Arturo Martinez, Director ofUtilities]
XI. EXECUTIVE SESSION
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The City Council will convene in Executive Session, in accordance with the Texas Open
Meetings Act, Vernon's Texas Statutes and Codes Annotated, Government Code,
Chapter 551, Subchapter D, Exceptions to Requirement that Meetings be Open, §551.071
Consultationwith Attorney; and §551.074 Personnel Matters; Closed Meeting.
A. Legal Consultation Regarding CouncilmemberVacancy.
B. Discussion and Possible ActionRegarding Personnel Matters.
OPEN SESSION
The City Council will convene in Open Session to take necessary action, if any, in
accordance with Chapter 551, Open meetings, Subchapter E, Procedures Relating to
Closed Meeting, §551.102, Requirement to Vote orTake Final Action in Open Meeting.
XII. ADJOURNMENT
I hereby certify this Notice ofa City Council Meeting wasposted in accordance with the
Open Meetings Act, at the City Offices ofthe City ofEdinburg, located at the 415 West
University entrance outside bulletin board, visible and accessible to the general public
during andafterregular workinghours. tice waspostedon May 31, 2013 at
5:50p.m.
AllMattersListedUnderConsentAgendaAreConsideredToBeRoutineByTheGoverningBodyAndWillBeEnactedByOneMotion. ThereWillBe
NoSeparate Discussion OfTheseItems. IfDiscussion IsDesired, ThatItemWill BeRemovedFromTheConsentAgendaAnd Will BeConsidered
Separately.WithRegardToAnyItem,TheCityCouncilMayTakeVariousActions; Including ButNotLimitedToRescheduling An ItemInItsEntirety
ForAFuture Date OrTime. The CityCouncil May ElectTo Go Into Executive Session On Any Item WhetherOr Not Such Item Is Posted As An
ExecutiveSessionItemAtAnyTimeDuringTheMeetingWhenAuthorizedByTheProvisionsOfTheOpenMeetingsAct.
DisabilityAccess Statement
Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to
contacttheCity Secretary Departmentat(956) 388-8204 atleasttwo businessdays priortothe meeting sothatappropriate
arrangementscan be made. The accessibleentrance and accessible parking spaces are located at Edinburg City Hall, 415
WestUniversity.
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WORK SESSION

I. City Budget for Fiscal Year 2013-2014 Goal
Setting Session.

II. Review Departmental Goals, Capital Outlay
and Personnel Requirements.

No Supporting Documentation for this Item.
Page 6
PUBLIC HEARINGS
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AGENDA ITEM AND RECOMMENDATION SUMMARY
CITY COUNCIL REGULAR MEETING
JUNE 04, 2013
HoldPublicHearingandConsiderOrdinancefortheComprehensivePlanAmendmentfromGeneral
CommercialUsestoAuto-UrbanUsesandtheRezoningRequestfromNeighborhoodConservation
5 C5)DistricttoAuto-UrbanResidential(AU)District,BeingLot 13,Block2,VelaSubdivision,
Located at 402 South 34thStreet, as RequestedbyImeldaPerez. [JuanR. Lopez, AICP, Directorof
Planning and Zoning]
******************************************************************************
STAFF COMMENTS AND RECOMMENDATION:
Thepropertyisvacantandthepropertyownerisproposingtobuildatwo (2)storyduplexortwo(2)
family residential units. The Gateway Plan, the City's Comprehensive Plan designation ofthis
property is for Commercial General Uses.
ApublichearingwasheldonthisrequestbythePlanningandZoningCommissiononMay14,2013.
StaffmailednoticeofthepublichearingbeforethePlanning& ZoningCommissiontofortyone(41)
neighboringpropertyownersandreceivedapetitionsignedby45 neighboringpropertyownersand
receivedthree(3)responses infavorofthisrequest. Theapplicantwaspresentatthepublichearing.
Staffpresentedanoverviewoftherequestandtheoverallcharacteristicsofthisneighborhood. Staff
pointedthatthereweretwenty-six(26) singlefamilyresidences,four(4)multi-familyresidencesand
ten (10) vacant lots inthis subdivision.
RECOMMENDATION:
Staff recommends denial of the Rezoning Request. The Planning and Zoning Commission
unanimouslyrecommendedapprovaloftherequest. Ifapproved,thepropertyownerwou}dneedto
applyfor avariance onthe required Building and Lot Standards andcomplywiththe requirements
for Auto Urban Residential uses including fire, parking, fencing, landscape buffer requirements,
subdivision, utilities and all other Cityrequirements, as applicable to this use.
PREPARED BY:
Nancy M. Ramire
~
CriseIdaPalacios
CityManager CityAttorney
************************************************
RECORD OF VOTE: APPROVED
DISAPPROVED
TABLED
NO ACTION
Councilmember J. R. Betancourt RichardH. Garcia HomerJasso,Jr. EliasLongoria,Jr.
Councilmember Mayor Councilmember Councilmember
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MEETING DATES:
PLANNING & ZONING COMMISSION-05/14/13
CITY COUNCIL- 06/04/13
DATE PREPARED - 05/07/13
STAFF REPORT
GENERAL INFORMATION
APPLICATION: Comprehensive Plan Amendment from General
Commercial Uses to Auto-Urban Uses and the
Rezoning Request from Neighborhood Conservation
5 (NC 5) District to Auto Urban Residential (AU)
District
APPLICANT: Ms. ImeldaPerez
AGENT: N/A
LEGAL: Being Lot 13, Block2, Vela Subdivisionaportionor
part ofLot 7, Section 268 Texas Mexican Railway
CompanySurvey.- (This SubdivisionisUnrecorded)
LOCATION: 402 South 34th Street
LOTITRACT SIZE: 50x130
CURRENT USE OF PROPERTY: Single Family Residence
PROPOSED USE OF PROPERTY: Multi-Family
EXISTING LAND USE/ North: Neighborhood Conservation 5
ADJACENT ZONING: South: Neighborhood Conservation 5
East: Neighborhood Conservation 5
West: Neighborhood Conservation 5
LAND USE PLAN DESIGNATION: Commercial General (CG) District
ACCESS AND CIRCULATION: This property has access onto 34th Street, a minor
roadway.
PUBLIC SERVICES: Public utilities are available to serve the site.
RECOMMENDATION: Staffrecommends denial ofthe rezoning requestand
the Comprehensive Plan Amendment A
comprehensiveevaluationisonthefollowingpage(s).
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REZONING REQUEST
IMELDA PEREZ
EVALUATION
The following is staff's evaluation ofthe request.
1. The Gateway Plan, the City's Comprehensive Plan designation of this property is for
Commercial General (CG) District.
2. The land use pattern for this area of the community consists mostly of single family
residential units.
3. The applicant plans to develop the property with one (2) story duplex or two family
residential units.
4. The subject property does not conform to the Unified Development Code Division 3.300
BulkRegulations Section3.403 TwinHouse andDuplexLotand Building Standards. The
lot size, lot frontage, and various other lot dimensions. See attached Exhibit from the
Unified Development Code.
5. Itis noted that on02/21/06 the Cityapprovedthe rezoningofLots 17 and 19,Block2Vela
Subdivisionto allowmultiplefamilies livingontheselotstoobtainindividualwatermeters
as required bythe North Alamo Water Supply Corporation.
6. The Commission, in its review, may consider factors such as compliance with the
ComprehensivePlan,establishedlandusepatternofanarea,changeofconditions,impactto
neighboring properties, and comprehensiveness and reasonableness ofthe request.
7. Staffmailed a notice ofthe public hearing before the Planning & Zoning Commission to
fortyone(41)neighboringpropertyownersandreceivedapetitionsignedby45neighboring
propertyowners and received three (3) responses in favor this request.
Staffrecommendsdenialofthe ComprehensivePlanAmendmentandtherezoningrequesttoAuto
Urban Residential (AU) Districtbasedon itsnon-conformitywiththe City's ComprehensivePlan.
This request is notinline with Goal 3.2.2; providing forthe development ofcompatible landuses,
avoiding mixtures ofincompatible uses in proximityto one another without adequate standards.
The site is very limited and it would be difficult to comply with all City requirements for the
intended use. The proposed duplex ortwo family uses would be better suited in alocationwith a
higher density or intensity with neighboring apartment uses.
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