Date:
    01/14/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-007
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a used car lot on Lot 5, Block 296, Eastern Division, located at 2219 McDonell Ave.; providing for publication and effective date. (As Amended) ZC-91-2001
    Initiated by:
    Santiago Almendarez, Jr.
    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 12/17/01.
    BACKGROUND
    Council District: IV - John Amaya
    Proposed use: Commercial (a used car lot)
    Site: The site is currently occupied by a vacant residential structure.
    Surrounding land uses: North of the site are single family residences and La Iglesia de Cristo. East of the site are Zamorra's Auto Body Shop, Lydia's Beauty Center, a barber shop, and single and multifamily residences. The area south of the site is occupied by single family residences, Suarez Grocery, Hardware, and Plumbing, and the C.O. D. Grocery. West of the site are the Zacate Creek and it's adjoining green areas.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office.
    Transportation Plan: The Long Range Thoroughfare Plan does not identify McDonell Ave.
    Letters sent to surrounding property owners: 16 In Favor: 0 Opposed: 1
    STAFF COMMENTS
    The proposed zone change is inappropriate at this location. The Comprehensive Plan recognizes this area as Retail/Office and the established land use pattern along this section of Clark Blvd. is primarily residential. The one and only B-3 zoned area, in the vicinity, is directly east of the site and is the result of a 1989 zone change in which Staff recommended denial. Although Staff does not support the proposed zone change, Staff does support a Conditional Use Permit for a used car lot to include the following conditions which have been agreed to by the applicant:
    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 area landscaped. (comments continued...)
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 9 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, but supports a Conditional Use Permit.

    STAFF COMMENTS CONTINUED:
    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. Ingress to the lot shall be from McDonell Ave., and egress shall be from Clark Blvd.
    9. 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.
    10. All lighting on site must be directed inward and away from abutting residential structures.
    11. The C.U.P. is issued to Victor Deanda and is nontransferable.
    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?
    Yes, the established land use pattern along this section of Clark Blvd. is primarily residential.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    No. Although the site is almost completely surrounded by B-1 zoned areas, there is a B-3 zoned site directly to the east of the site. (Note: Staff did not support the 1989 zone change which resulted in the B-3 zoned lot directly east the site.)
    Will the change adversely influence living conditions in the neighborhood?
    Yes, the established land use pattern in this area is residential.
    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-007

WHEREAS, the owner of Lot 5, Block 296, Eastern Division, located at 2219 McDonell Ave., has requested a zone change 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 November 15, 2001; 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 for a used car lot; 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 a Conditional Use Permit for a used car lot 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.

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 used car lot on Lot 5, Block 296, Eastern Division, located at 2219 McDonell Ave.

Section 2: The Conditional Use Permit is further restricted to the following provisions herewith adopted by the City Council:

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