Date:
    11/04/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-274
    Amending the Zoning Ordinance (Map) of the City of Laredo and Ordinance 2001-O-133 which authorized the issuance of a Conditional Use Permit for a used car lot on Lot 2, Block 292, Eastern Division, located at 413 Clark Blvd., by revising the conditions of the permit; providing for publication and effective date. (As Amended) ZC-63-2002
    Initiated by:
    German and Velia Ferreyro
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: On 07/02/01, the City Council approved Ordinance 2001-O-133 which authorized the above mentioned Conditional Use Permit. (see following page for a complete list of the originally imposed conditions). The present item was then introduced by John Amaya at the City Council meeting of 10/21/02.
    BACKGROUND
    Council District: IV - John Amaya
    Proposed use: Used Car Lot
    Site: The site is currently occupied by a used car lot.
    Surrounding land uses: North of the site are an elementary school and an area of single family dwelling units. The area west and southwest of the site includes the Super S food store, the F. S. Lara Academy, single family residences, and a small tax preparation business. The area south and southeast of the site includes both single and multifamily residences, two insurance agencies, a sports bar, and an herbs and spices store. East of the site along Clark Blvd. are both single family and manufactured home residences, and the Super Hair Designs Beauty Salon.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office.
    Transportation Plan: The Long Range Thoroughfare Plan recognizes Clark Blvd. as a Modified Major Arterial.
    Letters sent to surrounding property owners: 17 In Favor: 0 Opposed: 1
    STAFF COMMENTS
    On 07/02/01, City Council approved Ordinance 2001-O-133, which authorized the issuance of a Conditional Use Permit for a used car lot. That permit stipulated, among other things, that the applicant must adhere to the submitted site plan. Although no citation has been issued, Staff advised the applicant that any intended deviation from the existing site plan required formal amendment. The applicant, therefore, wishes to amend the existing site plan and thereby accomplish the following:
    1. Increase the number of vehicle parking/display spaces from 11 spaces to 14 spaces.
    2. Decrease the landscaped area from approximately 43% of the lot to approximately 11.7% of the lot.
    comments continued...
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 8 to 0 vote, recommended approval of the CUP amendment.
    STAFF RECOMMENDATION:
    Staff supports the Conditional Use Permit amendment with revisions.

    STAFF COMMENTS CONTINUED
    Both Staff and the Planning and Zoning Commission recommend approval the applicant's request to amend the Conditional Use Permit's site plan by increasing the number of vehicle parking/display spaces, and decreasing the area devoted to landscaping if the applicant continues to adhere to all originally imposed conditions, except the applicant's required adherence to the site plan, and also agrees to adhere to the following three newly recommended conditions:
    1. The 10% of the lot devoted to landscaping must be located on the northern most half of the lot.
    2. A minimum of 2 parking spaces, also located on the northern most half of the lot, shall be marked and reserved for customers.
    3. Only one business shall be permitted to occur on the lot.
    The following is a list of all conditions imposed by the original CUP:
    1. The Conditional Use Permit is restricted to the site plan, exhibit "A", which is made a part hereof for all purposes.
    2. The entire lot shall be paved except for the areas landscaped.
    3. Seventy-five (75) percent of the buildings shall be composed of masonry, glass, or brick.
    4. Mechanical or auto body repair shall not be allowed.
    5. Inoperative cars or trucks shall not be allowed.
    6. Heavy equipment or large trucks shall not be allowed.
    7. Property adjoining a residential zone shall be divided from that zone by an opaque fence of at least seven (7) feet high.
    8. At least ten (10) percent of the lot area shall be devoted to landscaping. All property shall be kept in an attractive fashion with landscaping properly maintained. All trash, garbage and all other waste shall be kept in sanitary containers, which at all times must be concealed from public view.
    9. All lighting on site must be directed inward and away from abutting residential structures.
    10. The C.U.P. is issued to German and Velia Ferreyro and is nontransferable.

CITY OF LAREDO ORDINANCE NO. 2002-O-274

WHEREAS, the applicant has requested the amendment of Ordinance 2001-O-133 which authorized the issuance of a Conditional Use Permit for a used car lot on Lot 2, Block 292, Eastern Division, located at 413 Clark Blvd., by revising the site plan to which the permit is restricted; 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 September 19, 2002; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the proposed Conditional Use Permit amendment; and,

WHEREAS, notice of the amendment 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 the proposed amendment appropriate and consistent with the General Plan of the City of Laredo.

WHEREAS, all uses not specifically identified by this ordinance shall be prohibited other than those uses customarily allowed by the underlying zoning designation; and,

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

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

Section 1: Ordinance 2001-O-133 which authorized the issuance of a Conditional Use Permit for a used car lot on Lot 2, Block 292, Eastern Division, located at 413 Clark Blvd., is hereby amended by revision the conditions of the permit.

Section 2: The Conditional Use Permit 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