Date:
    05/08/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-082
    Repealing Ordinance No. 2001-O-279, and authorizing the issuance of a Conditional Use Permit for a portrait studio on Lots 4, 5, and the E. ½ of Lot 3, Block 1268, Eastern Division, located at 2219 Clark Blvd.; providing for publication and effective date. (As amended) Fc-71e-2001
    Initiated by:
    Mario Gutierrez
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: On 10/22/01 and 11/13/01, City Council tabled this item, time certain. On 11/26/01, the City Council denied the proposed zone change request and approved a Conditional Use Permit for a portrait studio at this location. The permit was granted on the condition that the item return to City Council for reconsideration in April of 2002. This item was introduced by Louis H. Bruni at the City Council meeting of 04/15/02.
    BACKGROUND
    Council District: II - Louis H. Bruni
    Proposed use: Portrait studio.
    Site: The site is currently occupied by a single family residence.
    Surrounding land uses: The site is completely surrounded by single family residential dwellings.
    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 at this location.
    Introductory Hearing (11/26/01) Notification Response Tallies:
    Petition (within 200' radius=6, outside 200' radius=7) In Favor: 13 Opposed: 0
    Letters sent to surrounding property owners: 16 In Favor: 0 Opposed: 11
    Introductory Hearing (04/15/02) Notification Response Tallies:
    Letters sent to surrounding property owners: 16 In Favor: 0 Opposed: 4
    STAFF COMMENTS
    The proposed Conditional Use Permit is not appropriate at this location. The Comprehensive Plan recognizes this area as Low Density Residential, and the established land use pattern is residential with no trend towards commercial type uses.
    P&Z COMMISSION RECOMMENDATION:
    On 09/20/01, the P & Z Commission, in a 5 to 0 vote, recommended denial of the originally proposed B-1 zone change.
    STAFF RECOMMENDATION:
    Staff does not support the C.U.P.

    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 completely single family residential.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    Yes, the site is completely surrounded by an R-1 Zoning District.
    Will change adversely influence living conditions in the neighborhood?
    Yes, the area is completely single family residential, and the proposed use will generate more noise and traffic to this neighborhood.
    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-082

WHEREAS, the owner of Lots 4, 5, and the E. ½ of Lot 3, Block 1268, Eastern Division, located at 2219 Clark Blvd., 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 September 20, 2001; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, 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, on December 3, 2001, City Council approved Ordinance No. 2001-O-279 authorizing the issuance of a Conditional Use Permit for a portrait studio on Lots 4, 5, and the E. ½ of Lot 3, Block 1268, Eastern Division, located at 2219 Clark Blvd. providing that the item be returned to City Council for reconsideration; and,

WHEREAS, the City Council has held a public hearing on April 15, 2002, and finds the repeal of Ordinance No. 2001-O-279 and authorization of a Conditional Use Permit for a portrait studio appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, all conditions imposed by the Conditional Use Permit shall be met before the activity sanctioned by the Conditional Use Permit may commence; and,

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 repeal Ordinance No. 2001-O-279, and authorize the issuance of a Conditional Use Permit for a

portrait studio on Lots 4, 5, and the E. ½ of Lot 3, Block 1268, Eastern Division, located at 2219 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