Date:
    01/14/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-008
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a meat market on Lot 2 and the S. 1/3 or 23.14 feet of Lot 4, Block 1056, Western Division, located at 4201 Flores Ave.; providing for publication and effective date. (As Amended) ZC-92-2001
    Initiated by:
    Mario Perez and Enrique Pantoja
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by Jose A. Valdez, Jr. at the City Council meeting of 12/17/01.
    BACKGROUND
    Council District: VII - Jose A. Valdez, Jr.
    Proposed use: Commercial (a meat market or supermarket)
    Site: The site is currently occupied by a residential structure.
    Surrounding land uses: North of the site are single family residences, a welding shop, a recycling center, a vacant beer run, and a vacant Whataburger restaurant. West of the site are primarily single family residences. South of the site are single family residences, Johnny Castillo's Auto Parts, the City of Laredo Juvenile Detention Center, and a small shopping complex that includes Fong's Restaurant, Danny's Restaurant, Jack & Jill"s Daycare, and a variety of other commercial uses. The bulk of the commercial activity in the vicinity of the site is south of Chicago St. and along the San Bernardo corridor to the west.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan does not identify Flores Ave.
    Petition (within 200' radius=9, outside 200' radius=4) In Favor: 13 Opposed: 0
    Letters sent to surrounding property owners: 21 In Favor: 2 Opposed: 3
    STAFF COMMENTS
    The zone change is inappropriate at this location. The Comprehensive Plan recognizes this area as low density residential, and the established land use pattern indicates a clear delineation of uses in the area. Commercial and institutional type uses are dominant south of the site along Chicago St., and residential uses are more prevalent north of Chicago St. Therefore, given the well established residential character of the area and the lack of any trend toward rezoning north of Chicago St., Staff does not support the proposed zone change. (comments continued...)
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 8 to 1 vote, recommended denial of the proposed 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 denial of the proposed zone change and approval of a Conditional Use Permit for a meat market to include the following restrictions:
    1. Provide a 7' high opaque fence to provide buffering to residential areas.
    2. Meet the minimum parking requirements as per Ordinance for the proposed use.
    3. The C.U.P. is to be issued to Mario Perez and Enrique Pantoja, only, and is nontransferable.
    4. Provide 15% green area of the total lot area.
    5. The hours of operation shall be limited to those hours between 9:00 a.m. to 10:00 p.m.

    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 shows a definite delineation of uses in the area. The majority of commercial uses are located south of the Chicago St. and along the San Bernardo corridor.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    Yes, there are areas of R-3 and B-3 surrounding the site. The B-3 zoned area has a Conditional Use Permit overlay.
    Will change adversely influence living conditions in the neighborhood?
    Yes, there is no significant trend towards commercial uses north of Chicago St.
    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-008

WHEREAS, the owner of Lot 2 and the S. 1/3 or 23.14 feet of Lot 4, Block 1056, Western Division, located at 4201 Flores Ave., 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 approval of a Conditional Use Permit for a meat market or supermarket; 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 meat-market/supermarket appropriate and consistent with the General Plan of the City of Laredo.

WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code 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 meat-market/supermarket on Lot 2 and the S. 1/3 or 23.14 feet of Lot 4, Block 1056, Western Division, located at 4201 Flores Ave.

Section 2: The Conditional Use Permit is further restricted to the following provision 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