Date:
    03/11/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-041
    Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 252, Block 13, Del Mar Hills Subdivision, Section 1, Area "A", located at #2 Lindenwood Drive., from R-1 (Single Family Residential District) to R-O (Residential-Office District); providing for publication and effective date. ZC-99c-2001
    Initiated by:
    Alicia Vaughn
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: On 01/28/02, this item was brought before the Council and no action was taken. A subsequent motion was made on 2/11/02 to introduce this item which failed. The item was then brought before the Council for discussion under Council communications which resulted in a successful motion, by the prevailing side, to reintroduce the item. This item was reintroduced by Joe A. Guerra at the City Council meeting of 02/25/02.
    BACKGROUND
    Council District: VI - Joe A. Guerra
    Proposed use: Insurance/Real Estate Office
    Site: The site is currently occupied by a single family residential dwelling.
    Surrounding land uses: The area north of the site is occupied by predominately single family residential homes with a City of Laredo Reservoir to the west, and United Middle School to the east of the site. The area south of the site is characterized by Saint Patrick's Church, and another large area of single family residential dwellings.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan identifies Del Mar Blvd. as a Modified Major Arterial but does not identify Lindenwood Drive.
    Letters sent to surrounding property owners: 11 In Favor: 1 Opposed: 0
    STAFF COMMENTS
    The proposed zone change is inappropriate at this location as the site is in a well established residential neighborhood which shows no trend towards residential/office type uses. The one and only other R-O designated site is directly west of the proposed rezone site and is the result of a 1985 zone change.
    Furthermore, the proposed change would also be inconsistent with the Comprehensive Plan and the zoning district lines which are clearly defined at this location.
    As a side note, a similar zone change request was denied in 1998 when the owner of Lot 735, Block 44, Del Mar, Section II-A, Area C, located at 619 Del Mar Blvd., directly opposite the site presently up for reconsideration, requested that the zone be changed from R-S (Residential Suburban District) to R-O (Residential/Office District).
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 3 to 2 vote with one abstention, recommended denial of the zone change.
    STAFF RECOMMENDATION:
    Staff does not support the proposed zone change.

    IMPACT ANALYSIS
    R-O (Residential/Office District): The purpose of the R-O (Residential/Office District) is to allow a mix of residential and limited businesses and which would restrict the residential to not more than three dwellings on one site, and the businesses to office uses and very limited commercial.
    Is this change contrary to the established land use pattern?
    Yes, the established land use pattern is single family residential. The only other office type use in the area is the result of a zone change from 1985.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    No, the surrounding zone districts are R-O, R-S and R-2.
    Will change adversely influence living conditions in the neighborhood?
    No. The change will not have a significant impact, although it could create more traffic.
    Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing zoning allows for sufficient uses compatible with the surrounding area.

    CITY OF LAREDO ORDINANCE NO. 2002-O-041

    WHEREAS, the owner of Lot 252, Block 13, Del Mar Hills Subdivision, Section 1, Area "A", located at #2 Lindenwood Drive., has requested a zone change from R-1 (Single Family Residential District) to R-O (Residential-Office 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 December 20, 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 February 25, 2002, on the request and finds the proposed zone appropriate and consistent with the General Plan of the City of Laredo.

    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

    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 change the current zoning designation of Lot 252, Block 13, Del Mar Hills Subdivision, Section 1, Area "A", located at #2 Lindenwood Drive., from R-1 (Single Family Residential District) to R-O (Residential-Office District).

    Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

    Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2.

    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