Date:
    04/01/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-059
    Authorizing the issuance of a Special Use Permit to Lakeside Subdivision, L.L.C. for townhouses on Lot 2, Block 17, Lakeside Subdivision, Phase I, located north of Lake Victoria Road and east of Lakeview Blvd; providing for publication and effective date. ZC-10-2002
    Initiated by:
    Lakeside Subdivision, L.L.C.
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by Eliseo Valdez, Jr. at the City Council meeting of 03/25/02.
    BACKGROUND
    Council District: V - Eliseo Valdez, Jr.
    Proposed use: Townhouses
    Site: The site is vacant. The present zoning designation is R-2 (Multifamily Residential District).
    Surrounding land uses: North and south west of the site is vacant land while to the east and south of the site are single family residences.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low and Medium Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan does not identify either Lake Victoria Rd. or Lakeview Blvd.
    Letters sent to surrounding property owners: 10 In Favor: Opposed: 0
    STAFF COMMENTS
    Staff recommends approval of the Special Use Permit subject to the applicant's compliance with the following comments regarding the site plan: (Note: By the time of final reading of this item, the applicant had complied with all of the following comments.)
    1. Identify the proposed R.O.W. as an access easement or provide a 50' R.O.W.
    2. Provide, and identify the landscaped areas.
    3. Provide for the maintenance of all common areas.
    4. The entryway should be redesigned to provide for a maximum 30' opening excluding monument signage (entrance signage).
    5. Identify the proposed use of the empty lots.
    6. Provide for the prohibition of any future garage enclosure.
    7. Ensure that the turn-around radius measures a minimum of 80' in diameter.
    A Special Use Permit is used for those type uses that warrant individual attention on a case by case basis and should not be categorized into a specific zoning district. A Special Use Permit is basically an overlay on top of the existing zoning designation and can be limited in many respects such as time, fencing, setbacks, landscaping, etc.
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 7 to 0 vote, recommended approval of the proposed Special Use Permit.
    STAFF RECOMMENDATION:
    Staff supports the proposed Special Use Permit as the proposed conditions are met.

    IMPACT ANALYSIS
    A Special Use Permit is used for those type uses that warrant individual attention on a case by case basis and should not be categorized into a specific zoning district. A Special Use Permit is basically an overlay on top of the existing zoning designation and can be limited in many respects such as time, fencing, setbacks, landscaping, etc.
    Is this change contrary to the established land use pattern?
    N/A
    Would this change create an isolated zoning district unrelated to surrounding districts?
    N/A
    Will change adversely influence living conditions in the neighborhood?
    N/A
    Are there substantial reasons why the property can not be used in accord with existing zoning? N/A

CITY OF LAREDO ORDINANCE NO. 2002-O-059

WHEREAS, a Special Use Permit is a prerequisite to the construction of townhouses in an R-2 zoned district; and,

WHEREAS, the owner of Lot 2, Block 17, Lakeside Subdivision, Phase I, located north of Lake Victoria Road and east of Lakeview Blvd., has requested a Special Use Permit for townhouses; 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 February 21, 2002; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the proposed Special Use Permit subject to Staff's comments as amended; and,

WHEREAS, notice of the Special Use Permit request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council; and,

WHEREAS, the City Council has held a public hearing on March 25, 2002, on the request and finds the proposed Special Use Permit appropriate and consistent with the General Plan of the City of Laredo.

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

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 by authorizing the issuance of a Special Use Permit to Lakeside Subdivision, L.L.C. for townhouses on Lot 2, Block 17, Lakeside Subdivision, Phase I, located north of Lake Victoria Road and east of Lakeview Blvd.

Section 2: The Special 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