Date:
    11/04/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-275
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit to Jose Leandro and Susana Garza for an outdoor children's amusement service business on Lots 7 and 8, Block 305, Eastern Division, located at 818 and 820 Clark Blvd.; providing for publication and effective date. (As amended) ZC-65-2002
    Initiated by:
    Jose Leandro and Susana Garza
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by John Amaya at the City Council meeting of 10/21/02.
    BACKGROUND
    Council District: IV - John Amaya
    Proposed use: Commercial (Children's amusement service (outdoor))
    Site: The site is currently occupied by the outdoor children's party business.
    Surrounding land uses: The site is surrounded by residential type uses with the exception of a printing shop, Ochoa's Radiator Shop, and Avila's Drapery Shop to the east and a meat market and an antiques store to the west along Clark St.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office.
    Transportation Plan: The Long Range Thoroughfare Plan identifies Clark St. as a Modified Major Arterial.
    Petition: In Favor: 39 Opposed: 0
    Letters sent to surrounding property owners: 32 In Favor: 0 Opposed: 1
    STAFF COMMENTS
    The proposed zone change is inappropriate at this location. While not technically inconsistent with the Comprehensive Plan, the proposed zone change would be incongruous with the surrounding zoning designations, as well as, contributive to the creation of an isolated zoning district. Furthermore, a business whose primary intention is the gathering of large groups of people for celebratory purposes will certainly generate an increase in ambient noise levels, especially on weekends and evenings when these gatherings are most likely to occur.
    comments continued...
      P&Z COMMISSION RECOMMENDATION:
      The P & Z Commission, in a 8 to 0 vote, recommended denial of the zone change and approval of a Conditional Use Permit.
      STAFF RECOMMENDATION:
      Staff does not support the proposed zone change.

      STAFF COMMENTS CONTINUED:
      The Planning and Zoning Commission has recommended that the proposed zone change be denied and a Conditional Use Permit for the proposed use be approved including the following conditions, which have already been agreed to by the applicant:
      1. The businesses' hours of operation shall be limited to between 4:00 pm and 9:00 pm on Fridays, Saturdays, and Sundays, only.
      2. The consumption of alcohol shall be prohibited.
      3. All lighting shall be directed inward and away from the surrounding properties.
      4. Music or the operation of any type of sound system shall be prohibited on site.
      Staff further recommends the following conditions:
      5. All property shall be kept in an attractive fashion with landscaping properly maintained. All trash, garbage and other waste shall be kept in sanitary containers, which at all times must be concealed from public view.
      6. The applicant shall provide a seven (7) foot opaque fence where the site directly abuts any residential zone or use.
      7. Signage shall be limited to that which is allowed in a B-1 district.
      8. The permit is issued to Jose Leandro and Susana Garza and is nontransferable.
      9. At least ten (10) percent of the lot area shall be devoted to landscaping to be located either on the southernmost or easternmost portions of Lot 7.
      IMPACT ANALYSIS
      B-3 (Community Business District): The purpose of the B-3 District is to provide for those businesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets.
      Is this change contrary to the established land use pattern?
      The surrounding area is primarily residential although there are several commercial establishments along Clark St.
      Would this change create an isolated zoning district unrelated to surrounding districts?
      Yes, the surrounding zoning districts are B-1 and R-2.
      Will change adversely influence living conditions in the neighborhood?
      A business whose primary intention is the gathering of large groups of people for celebratory purposes will certainly generate an increase in ambient noise levels.
      Are there substantial reasons why the property can not be used in accord with existing zoning? No, the current zoning allows for uses that are compatible with the surrounding area.

                                                                      CITY OF LAREDO ORDINANCE NO. 2002-O-275

                                                                      WHEREAS, a zone change has been requested by the owners of Lots 7 and 8, Block 305, Eastern Division, located at 818 and 820 Clark Blvd., from B-1 (Limited Commercial District) to B-3 (Community Business 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 October 3, 2002; and,

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

                                                                      WHEREAS, all conditions imposed by the Conditional Use Permit shall be met before the activity sanctioned by the Conditional Use Permit may commence; 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 Jose Leandro and Susana Garza for an outdoor children's amusement service business on Lots 7 and 8, Block 305, Eastern Division, located at 818 and 820 Clark Blvd.

                                                                      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