Date:
    04/01/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-063
    Authorizing the issuance of a Special Use Permit to the Raul de la Garza Testamentary Trust for a bar on Lot 5, Block 19, Western Division, located at 907 Zaragoza St.; providing for publication and effective date. ZC-14-2002
    Initiated by:
    Raul de la Garza Testamentary Trust
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduce by Juan Ramirez at the City Council meeting of 03/25/02.
    BACKGROUND
    Council District: VIII - Juan Ramirez
    Proposed use: Commercial (a bar)
    Site: The site is currently occupied by the proposed Green Door Bar building. The first floor of the main building will be used as the bar, and the second floor will be used as an apartment The site also encompasses a caretakers cottage and an office to be located in the converted garage.
    Surrounding land uses: The area north of the site includes several commercial establishments along Grant St. including Fantasia Fashions, El Meson Restaurant, and a Mis Socios store. Directly north of the site, along San Agustin St., is the San Agustin Church complex, San Agustin Plaza, and a plasma center. The area east of the site includes the American Legion and the Lockwood Brokers building. East of the site is the Casa Ortiz, the San Agustin Grand Ballroom, the Republic of the Rio Grand Museum and the Posada Hotel.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office.
    Transportation Plan: The Long Range Thoroughfare Plan identifies Zaragoza St. as a Major Collector.
    Letters sent to surrounding property owners: 16 In Favor: 0 Opposed: 0
    STAFF COMMENT
    Over and above the applicant's noncompliance with the conditions of the ordinance, as indicated below*, regarding the issuance of Special Use Permits for bars to be located in the Historic District of the Central Business District, it is Staff's position that a bar is not an appropriate land use at this location. Although the proposed use is consistent with the Comprehensive Plan, a bar, however high-end, will be inconsistent with the established land use pattern, especially the San Agustin Church complex directly opposite the site.
    * The City Council may grant a special use permit for a bar, night club, cantina, or saloon to be located in the Historic Districts within the Central Business District under the following conditions: (comments continued)
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 8 to 0 vote, recommended approval of the proposed Special Use Permit.
    STAFF RECOMMENDATION:
    Staff does not support the proposed Special Use Permit.

    IMPACT ANALYSIS
    Conditions with which the applicant must comply in order to qualify for a Special Use Permit for a bar in the Historic District continued:
    (1) The establishment is equipped with sprinklers and automatic warning systems.
    The Fire Department inspected this building, for ordinance compliance on 03/04/02, and found that there are no sprinkler or automatic (pull arm) warning systems. Furthermore, although the building is equipped with emergency lighting, not all exits were lite. (See attached report for complete details)
    (2) The establishment has a window allowing a clear and unobstructed view of the bar and assembly areas.
    The building's windows do provide an adequate view of the bar and assembly areas.
    3) Interior construction must be in conformance with the provisions of the Fire Hazard Specific Use Zoning Overlay district.
    The Fire Hazard Specific Use Zoning Overlay requires that the interior construction of facilities classified as civic, social, religious, or recreation should meet various construction standards of which the proposed bar does not meet the following criteria:
    a) No sprinkler or automatic warning system exists.
    b) The proposed bar's interior walls and ceiling, as they currently exist, are rated 1 hour fire separation and, therefore, do not meet the minimum required 2 hour fire separation criteria. (See attached reports for complete details)
    (4) All exterior modifications and signs shall be subject to the review and approval of the Historic District/Landmark Board.
    On 01/31/02, the Historic District/Landmark Board has already approved the proposed bar's new exterior signage.
    (5) The special use permit shall be nontransferable.
    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. The present zoning district is M-1 (Light Manufacturing District).

CITY OF LAREDO ORDINANCE NO. 2002-O-063

WHEREAS, a Special Use Permit has requested by the owner of Lot 5, Block 19, Western Division, located at 907 Zaragoza St.; 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 the applicant's compliance with the provisions of the Laredo Land Development Code regarding the issuance of a Special Use Permit for a bar in the Historic District; 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 the Raul de la Garza Testamentary Trust for a bar on Lot 5, Block 19, Western Division, located at 907 Zaragoza St.

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