Date:
    11/04/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-279
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit to Fernando A. Salinas for a bus passenger terminal on Lot 1, Block 121, Western Division, located at 901 San Agustin Ave.; providing for publication and effective date. (As amended) ZC-71-2002
    Initiated by:
    Fernando A. Salinas
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by Juan Ramirez at the City Council meeting of 10/21/02.
    BACKGROUND
    Council District: VIII - Juan Ramirez
    Proposed use: Bus Terminal
    Site: The site is currently occupied by a residential type structure.
    Surrounding land uses: North of the site is the County Jail, the County Sheriff's Office, Firestone, El Expresso Buses, Mora Optical, an Exxon station and the City Building Department. West of the site is the old Court House. South of the site is the International Bank of Commerce, HEB, the Laredo National Bank, a Texaco Station, Falcon National Bank, El Centro Motel, the City Municipal Court complex, Red Taxi, Rapid Print, and Autobuses Americanos. East of the site is the TRC-5 Center, a bail bonds office, Hunan Restaurant, El Conejo Buses, Tornedo Buses, and several offices.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office.
    Transportation Plan: The Long Range Thoroughfare Plan does not identify either San Agustin Ave. or Houston St.
    Petition: In Favor: 0 Opposed: 4
    Letters sent to surrounding property owners: 20 In Favor: 0 Opposed: 0
    STAFF COMMENTS
    The proposed zone change is inappropriate at this location. The Comprehensive Plan recognizes this area as Retail/Office and the surrounding land uses are primarily retail and office related. The change is also inconsistent with the surrounding area's zoning which has thus far maintained a clear division between the areas zoned CBD, west of Santa Ursula Ave., and the areas zoned B-3, east of Santa Ursula Ave. Furthermore, the site does not meet the B-4 location requirement which stipulates that B-4 zoned areas be located along principal arterial streets or freeways.
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 5 to 3 vote, recommended denial of the proposed zone change..
    STAFF RECOMMENDATION:
    Staff does not support the proposed zone change.

    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?
    Yes, the surrounding area is primarily characterized by retail and office uses.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    Yes, the area is completely surrounded by CBD zoned areas.
    Will change adversely influence living conditions in the neighborhood?
    Yes, the surrounding area is characterized by primarily retail and office uses.
    Are there substantial reasons why the property can not be used in accord with existing zoning? No, the current zoning allows for sufficient uses that are compatible with the surrounding area.

CITY OF LAREDO ORDINANCE NO. 2002-O-279

WHEREAS, a zone change has been requested by the owners of Lot 1, Block 121, Western Division, located at 901 San Agustin Ave. from CBD (Central 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 October 3, 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, 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 Fernando A. Salinas for a bus passenger terminal on Lot 1, Block 121, Western Division, located at 901 San Agustin Ave.

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