Date:
    01/14/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-003
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a small engine repair business on Lot 7, Block 1800, Eastern Division, located at 2920 Musser St.; providing for publication and effective date. (As Amended) ZC-93-2001
    Initiated by:
    Miguel A. Munoz
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: In August, 1997, City Council denied this applicant a zone change request identical to that which is being presently considered. This item was introduced by Louis H. Bruni at the City Council meeting of 10/17/01.
    BACKGROUND
    Council District: II - Louis H. Bruni
    Proposed use: Residential and a lawn mower repair business. (On August 22, 2001 this site was again inspected and notice was given by a City Zoning Enforcement officer regarding the operation of an illegal lawn mower repair business.)
    Site: The site is currently occupied by a manufactured home.
    Surrounding land uses: The area is completely surrounded by strictly residential uses with the exception of a variety of commercial uses found along Arkansas Ave. A sample of the commercial uses found along Arkansas, in the vicinity of the applicant's site, are Hair Designs By D., A Family Clinic, the Church of Christ, Chick-E-Lins Grocery Store, and an auto transmission repair shop.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan does not identify Musser St.
    Letters sent to surrounding property owners: 32 In Favor: 4 Opposed: 6
    STAFF COMMENTS
    The proposed zone change is inappropriate at this location. The Comprehensive Plan recognizes this area as Low Density Residential and there is no trend toward commercial type uses or rezoning of properties in this area.
            P&Z COMMISSION RECOMMENDATION:
            The P & Z Commission, in a 9 to 0 vote, recommended denial of the zone change.
            STAFF RECOMMENDATION:
            Staff does not support the proposed zone change.

            IMPACT ANALYSIS
            B-1 (Limited Commercial District): The purpose of the B-1 is to provide for business and commercial development serving a limited geographic area or neighborhood.
            Is this change contrary to the established land use pattern?
            Yes, the established land use pattern in the surrounding area is residential, there is no trend toward commercial type uses in the immediate vicinity.
            Would this change create an isolated zoning district unrelated to surrounding districts?
            Yes, the site is completely surrounded by R-3 zoned areas.
            Will change adversely influence living conditions in the neighborhood?
            Yes, by definition lawn mowers are loud, and their repair requires that at some point they be tested to ensure that repairs have resulted in a mower that is in satisfactory working order. The noise alone will have a significant adverse effect on the surrounding neighborhood.
            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-003

          WHEREAS, the owner of Lot 7, Block 1800, Eastern Division, located at 2920 Musser St., has requested a zone change from R-3 (Mixed Residential District) to B-1 (Limited 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 November 15, 2001; 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 December 17, 2001, on the request and finds the issuance of a Conditional Use Permit for a small engine repair business appropriate and consistent with the General Plan of the City of Laredo.

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

          WHEREAS, all uses not specifically identified by this ordinance shall be prohibited other than those uses customarily allowed by the R-3 (Mixed Residential District) designation.

          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 to authorize the issuance of a Conditional Use Permit for a small engine repair business on Lot 7, Block 1800, Eastern Division, located at 2920 Musser St.

          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