Leon Valley
TX

Ordinance
Ordinance 17-013

Public Hearing and City Council Discussion with Consideration of Possible Action of an Ordinance Amending Ordinance No. 10-019 to Remove Condition (b.), "Parking Areas to be Constructed with Permeable Surfaces," Generally Located at 5504 Shadow Mist Drive in a B-1 (Small Business) Zoning District

Information

Department:Community DevelopmentSponsors:
Category:Public Hearing

Item Discussion

PURPOSE

 

Conduct a public hearing to consider a request by Arturo Ferrer, property owner, to amend Ordinance 10-019, passed and approved by City Council on May 18, 2010 to remove Condition (b.) requiring “Parking areas to be constructed with permeable surfaces”.

 

The process to amend an approved SUP ordinance is to proceed before the entities which originally considered the full SUP request, which in this case is the Zoning Commission for recommendation and then City Council for final consideration.   

 

Twenty-four (24) asphalt parking spaces have been constructed, instead of the required permeable surface stated in the Ordinance conditions.

 

These asphalt parking spaces are within the floodplain. Construction is allowed in the floodplain with a floodplain development permit, but not in the floodway. The permeable surface was originally recommended by the Zoning Commission and approved by City Council in the conditions of the ordinance, due to the proposed location in the floodplain. 

 

The applicant has indicated that once the LC-17 Bexar County Project is completed the parking area, as well as the soccer field areas will be out of the floodplain and floodway all together. The City must evaluate the existing flood conditions and FEMA maps as legally recorded as of the most recent FEMA map update. The only way that the applicant can prove that their property will be out of the floodway and floodplain is to submit a Letter of Map Revision (LOMR) with their engineer's drainage study to FEMA for approval, until then the City can only utilize existing documents and resources and cannot agree that the property is officially out of the floodplain and floodway. 

 

SEE LEON VALLEY

 

Social Equity - It is an equitable process to allow the applicant and property owner to request an amendment to the conditions of the Specific Use Permit approved in May 2010. It is the only allowable process by which the owner can make the request and the City can consider the request.

 

Economic Development - It is costly to the owner to have to remove the existing asphalt parking lot.

 

Environmental Stewardship - Permeable pavers are more environmentally conscious, especially with the existing floodplain conditions on the property.

 

 

 

 

 

FISCAL IMPACT

 

The applicant paid $300 for consideration of the amendment to the existing ordinance.

 

STRATEGIC GOALS

 

The request is indirectly related to Strategic Plan Goal #1, "Economic Development." The owner has noted considerable investment in the development of the soccer complex and removal of the asphalt can be costly.

 

 

Document Comments

RECOMMENDATION

 

On April 25, 2017, the Zoning Commission recommended Denial of the request to amend Condition (b.) to remove the permeable surface requirement as prescribed by Ordinance 10-019, by a vote of 5-0, with 1 member abstaining from the vote.

 

Body

AMENDING ORDINANCE NO. 10-019, TO REMOVE CONDITION (b.) "PARKING AREAS TO BE CONSTRUCTED WITH PERMEABLE SURFACES," FOR PROPERTY GENERALLY LOCATED AT 5504 SHADOW MIST DRIVE UPON APPLICATION BY ARTURO FERRER, APPLICANT AND PROPERTY OWNER.

 

WHEREAS, Chapter 211 of the Texas Local Government Code empowers municipalities to enact zoning regulations and provide for their administration, enforcement and amendment; and

 

WHEREAS, the City has previously deemed it necessary and desirable to adopt zoning regulations and zoning tools such as the Specific Use Permit with Conditions to provide for the orderly development of property within the City in order to promote the public health, safety, morals and general welfare of the residents of the City, and

 

WHEREAS, the Zoning Commission of the City of Leon Valley provided adequate notice and held a public hearing in accordance with Chapter 14 of the Leon Valley Code of Ordinances; and

 

WHEREAS, the City Council of the City of Leon Valley has also held a public hearing regarding the request to amend Ordinance No. 10-019, and has issued adequate notice to all the affected parties; and

 

WHEREAS, the City Council of the City of Leon Valley believes that amending Ordinance No. 10-019 to remove Condition (b.) will not adversely affect the character of the area of the neighborhood in which it is proposed to rezone; and

 

WHEREAS, that amending Ordinance No. 10-019 will not substantially depreciate the value of adjacent or nearby properties; and

 

WHEREAS, that amending Ordinance No. 10-019 will be in keeping with the spirit and intent of the City’s Zoning Ordinance; and

 

WHEREAS, that amending Ordinance No. 10-019 will comply with applicable standards of the district in which located; and

 

WHEREAS, that amending Ordinance No. 10-019 will not adversely affect traffic, public health, public utilities, public safety and the general welfare of the residents of the City of Leon Valley; and

 

WHEREAS, it is the desire of the City Council of the City of Leon Valley to amend Ordinance No. 10-019; NOW, THEREFORE,

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS, THAT:

 

 

SECTION 1.              Condition (b.) of Ordinance 10-019 is hereby amended to remove the requirement for "parking areas to be constructed of permeable surfaces," for property known as Portions of Lots 6 and 7, CB 4430 of the Leon Valley Homesites, generally located at 5504 Shadow Mist Drive.

 

SECTION 2.              The City staff is hereby authorized to make said amendment when all conditions imposed by the City Council have been addressed and complied with in full.

 

SECTION 3.              This ordinance is effective immediately upon passage by four (4) affirmative votes; otherwise it is effective on the tenth day after passage hereof.

 

                                                                     

                                                                     

                                                                                   

 

Meeting History

May 16, 2017 7:00 PM  City Council Regular Meeting

Community Development Director Kristie Flores presented this item in order to conduct a public hearing to consider a request by Arturo Ferrer, property owner, to amend Ordinance 10-019, passed and approved by City Council on May 18, 2010 to remove Condition (b.) requiring “Parking areas to be constructed with permeable surfaces”.

The process to amend an approved SUP ordinance is to proceed before the entities which originally considered the full SUP request, which in this case is the Zoning Commission for recommendation and then City Council for final consideration.

Twenty-four (24) asphalt parking spaces have been constructed, instead of the required permeable surface stated in the Ordinance conditions.

These asphalt parking spaces are within the floodplain. Construction is allowed in the floodplain with a floodplain development permit, but not in the floodway. The permeable surface was originally recommended by the Zoning Commission and approved by City Council in the conditions of the ordinance, due to the proposed location in the floodplain.

The applicant has indicated that once the LC-17 Bexar County Project is completed the parking area, as well as the soccer field areas will be out of the floodplain and floodway all together. The City must evaluate the existing flood conditions and FEMA maps as legally recorded as of the most recent FEMA map update. The only way that the applicant can prove that their property will be out of the floodway and floodplain is to submit a Letter of Map Revision (LOMR) with their engineer's drainage study to FEMA for approval, until then the City can only utilize existing documents and resources and cannot agree that the property is officially out of the floodplain and floodway.

Zoning Commission Chair Olen Yarnell thanked Community Development Manager Megan McLeod for filling in for Ms. Flores on the night this item was presented to the Zoning Commission. Chairman Yarnell reported that the Zoning Commission voted unanimously in favor of the mission of this ordinance. Chairman Yarnell further explained that this was five (5) votes in favor of not putting the pavers in. In other words, the Zoning Commission was in favor of not removing the asphalt and putting in permeable pavers as is we are doing across the street, in our parking lot.

Council Member Monica Alcocer asked for clarification, that the Zoning Commission’s recommendation is to stay with the contract and the pavers? Chairman Yarnell responded, “Yes, the contract would show “with permeable pavers in the parking spaces only.”

· Monte Riley, 13815 Blakeville, Live Oak, TX, was present to answer questions.

Council Member David Jordan asked if there was concrete underneath the AstroTurf when was it poured, and was it in line with the 2010 SUP. Mr. Riley responded that he was unaware and that his attorney usually answers those questions.

· Arturo Ferrer, 5504 Shadow Mist, stated that their lawyer advised them to not speak about anything. Mr. Ferrer then said he would talk about the pavers though. Mr. Ferrer said that he did have the concrete poured and it did not require a permit which Council Member Alcocer said she disagreed.

Council Member Benny Martinez asked staff if a permit was required if a business wanted to pave a lot. Community Development Director Kristie Flores said that a permit is not required to pave and that “the City does not have an ordinance in place that covers asphalting. Even if you wanted to build a patio in your backyard, as long as you’re not building something vertical on it, you can still put a patio slab on it. Only if you built a structure over eighteen inches (18”) would you need a permit.”

Mayor Riley opened the public hearing at 9:13 p.m.

· Donna Charles, 6546 Charles Field, spoke about the citizens in Shadow Mist voicing their opposition to the asphalt years ago and the signatures have been on file since September of 2016.

There being no further comments from the public, Mayor Riley closed the public hearing at 9:15 p.m.

A motion was made by Council Member Benny Martinez and seconded by Council Member Monica Alcocer to deny the request by the soccer business regarding the permeable pavers and follow the recommendation of the Zoning Commission.

RESULT:DENIED [UNANIMOUS]
MOVER:Benny Martinez, Council Place 4
SECONDER:Monica Alcocer, Council Place 3
AYES:David Jordan, David Edwards, Belinda Ealy, Monica Alcocer, Benny Martinez

Discussion