Date:
    02/11/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-026
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a gift shop on Lot 4, Block 1653, Eastern Division, located at 2719 Clark Blvd.; providing for publication and effective date. (As Amended) ZC-98b-2001
    Initiated by:
    Rogelio and Raquenel Rivera
    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 01/28/02.
    BACKGROUND
    Council District: IV - John Amaya
    Proposed use: Commercial (a gift shop).
    Site: The site is currently occupied by a single family residence.
    Surrounding land uses: The site is completely surrounded by single family residences with the exceptions of Chic-E-Lins Grocery, Aranda's Transmission Shop, and the Church of Christ along Arkansas Ave., and the Brighter Day Child Daycare Center along Clark Blvd.
    Comprehensive Plan: The Future Land Use Map recognizes this area Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan identifies Clark Blvd. as a Modified Major Arterial and identifies Arkansas Ave. as a Minor Arterial and a Truck Route.
    Petition (within 200' radius=8, outside 200' radius=11) In Favor: 0 Opposed: 19
    Letters sent to surrounding property owners: 24 In Favor: 1 Opposed: 3
    STAFF COMMENTS
    The proposed zone change is not appropriate at this location. The Comprehensive Plan recognizes this area as Low Density Residential, and the established land use pattern west of Arkansas Ave., at this location, is residential with no trend towards commercial type uses. Furthermore, Staff recommends that in this area of the Heights, Arkansas Ave. should remain the divider between the residential uses currently existing west of Arkansas Ave., and the commercial uses currently existing east of Arkansas Ave.
          P&Z COMMISSION RECOMMENDATION:
          The P & Z Commission, in a 5 to 4 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 surrounding area is primarily single family residential, with the exception of some commercial uses along the east side of Arkansas Ave.
          Would this change create an isolated zoning district unrelated to surrounding districts?
          No, the adjoining zoning districts are B-1, and R-1.
          Will change adversely influence living conditions in the neighborhood?
          No, both of theses corridors are already heavily trafficked thoroughfares.
          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-026

        WHEREAS, the owner of Lot 4, Block 1653, Eastern Division, located at 2719 Clark Blvd., has requested a zone change from R-1 (Single Family 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 January 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 January 28, 2002, on the request and finds a Conditional Use Permit for a gift shop 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 underlying zoning 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 by authorizing the issuance of a Conditional Use Permit for a gift shop on Lot 4, Block 1653, Eastern Division, located at 2719 Clark Blvd.

        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