Date:
    11/04/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-272
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit to Carlos and Antonio Castillo for an automobile paint and body shop on Lots 1 and 2, Block 408, Eastern Division, located at 519 East Saunders St.; providing for publication and effective date. (As amended) ZC-19e-2002
    Initiated by:
    Carlos and Antonio Castillo
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was brought before Council on 05/20/02, 06/17/02, 08/05/02, and 09/16/02. On all occasions the item was tabled till meeting following 30 days, per the applicant's request. This item was then introduced by John Amaya at the City Council meeting of 10/21/02.
    BACKGROUND
    Council District: IV - John Amaya
    Proposed use: Commercial (The applicant proposes the addition of a paint and body shop to those uses already located on site.)
    Site: The site is currently occupied by a child daycare center, a lumber company office and a gift shop.
    Surrounding land uses: The area south of the site is characterized by an assortment of residential type uses. The areas east and west of the site along Saunders St. are occupied by both residential and commercial type uses including a Cash Pawn, Narvaez Meat Market, various used car dealerships, Cakeland Bakery, and a few flower shops. The area north of the site is also characterized by an assortment of residential type uses.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office.
    Transportation Plan: The Long Range Thoroughfare identifies Saunders St. as a Modified Major Arterial and a Super Street at this location.
    Letters sent to surrounding property owners: 35 In Favor: 0 Opposed: 2
    STAFF COMMENTS
    The proposed zone change is inappropriate at this location. The established zoning along Saunders St. is resoundingly B-3 and there is no trend toward B-4 anywhere in the area. Additionally, although the site is currently surrounded by a rather tall fence, one must consider the residential uses north, west and south of the site, as well as the daycare on site, all of which may be negatively impacted by the noise and fumes generated by a paint and body shop.
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 8 to 0 vote, recommended denial of the zone change.
    STAFF RECOMMENDATION:
    Staff does not support the proposed zone change or the issuance of a Conditional Use Permit.

    IMPACT ANALYSIS
    B-4 (Highway Commercial District): The purpose of the B-4 District is to provide for those businesses and services serving a regional area which are to be located primarily along principal (major) arterial streets or the freeway, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily along principal arterial streets or the freeway and to impose site development regulations to ensure adequate access of all uses within this classification.
    Is this change contrary to the established land use pattern?
    No. The established land use pattern along this section of Saunders St. is a mix of commercial and residential uses.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    Yes. The adjoining zoning districts are R-3 and B-3.
    Will change adversely influence living conditions in the neighborhood?
    Yes. Although there is a rather tall fence surrounding the site, there are residential uses north, west and south of the site which could be negatively affected by the noise and fumes generated by a paint and body shop.
    Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing zoning allows for sufficient uses that are compatible with the surrounding area.

CITY OF LAREDO ORDINANCE NO. 2002-O-272

WHEREAS, a zone change has been requested by the owners of Lots 1 and 2, Block 408, Eastern Division, located at 519 East Saunders St., from B-3 (Community Business District) to B-4 (Highway Commercial District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on May 2, 2002; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended denial of the proposed zone change; and,

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on October 21, 2002, on the request and finds a Conditional Use Permit appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, all conditions imposed by the Conditional Use Permit shall be met before the activity sanctioned by the Conditional Use Permit may commence; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1: The Zoning Map of the City of Laredo be and is hereby amended by authorizing the issuance of a Conditional Use Permit to Carlos and Antonio Castillo for an automobile paint and body shop on Lots 1 and 2, Block 408, Eastern Division, located at 519 East Saunders St.

Section 2: This Ordinance is further restricted to the following provisions herewith adopted by the City Council:

Section 3: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

Section 4: This ordinance shall become effective as and from the date of publication specified in Section 3.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE __________ DAY OF _________________, 2002.

_________________________

ELIZABETH G. FLORES

MAYOR

ATTEST:

_________________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

APPROVED AS TO FORM:

JAIME FLORES

CITY ATTORNEY

____________________________

BY: ALLAN W. MCGRAW

ASSISTANT CITY ATTORNEY