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SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-104
Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 10, Block 1633, Eastern Division, located at 216 N. Arkansas Ave. from R-3 (Mixed Residential District) to B-3 (Community Business District); providing for publication and effective date. (As amended) Zc-15b-2002 |
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Keith Selman, Planning Director
Cynthia Collazo, Asst. City Manager |
Prior action: This item was introduced by John C. Galo at the City Council meeting of 05/20/02. |
Council District: III - John C. Galo
Proposed use: General Mechanic Shop
On June 5, 2000, the applicant was granted a Conditional Use Permit for a light mechanic shop, which expired on June 5, 2001. A light mechanic shop entails repairs of only a light or superficial nature, such as oil changes, tune-ups, and belt changes. On February 20, 2002, the applicant was warned that his Conditional Use Permit had expired and that the general automotive repairs he was performing were violating both the existing zoning and the conditions of the expired Conditional Use Permit. General automotive repairs are those such as transmission overhauls or engine repairs, which are more intense in nature and require a B-4 (Highway Commercial District).
Site: The site is currently occupied by an auto mechanic shop.
Surrounding land uses: North of the site are single family homes and vacant land. West of the site is Wilkinson's Recycling, Zapata Auto Sales, Lion Auto Sales, and Gonzalez Auto Parts. South of the site are single family residences and a mobile home. East of the site is Garcia Vela Baseball Field.
Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
Transportation Plan: The Long Range Thoroughfare Plan does not recognize this section of Arkansas Ave.
Letters sent to surrounding property owners: 14 In Favor: 1 Opposed: 1 |
The proposed zone change is inappropriate at this location. The Comprehensive Plan recognizes this area as Low Density Residential and there are single family residences adjacent to this site.
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P&Z COMMISSION RECOMMENDATION:
On 3/21/02, the P & Z Commission, in a 8 to 1 vote, recommended denial of the zone change and approval of a Conditional Use Permit for a light mechanic shop.
On 04/04/02, the P & Z Commission, in a 9 to 0 vote, recommended denial of the zone change, denial of a Conditional Use Permit for a heavy mechanic shop and approval of a Conditional Use Permit for a light mechanic shop. |
Staff does not support the proposed zone change or a Conditional Use Permit. |
Staff Comments Continued:
Although the adjacent properties to the south of this site are zoned B-3, the properties are occupied by single family residences which could be adversely impacted by the proposed use.
B-4 (Highway Commercial District): The purpose of the B-4 District is to provide for those businesses and services serving a regional area which are to be located primarily along principal (major) arterial streets or the freeway, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily along principal arterial streets or the freeway and to impose site development regulations to ensure adequate access of all uses within this classification.
Is this change contrary to the established land use pattern?
The area west of this site is U. S. Hwy. 83 frontage which is primarily commercial. The remaining surrounding area to this site is residential and vacant land as a result of Chacon Creek.
Would this change create an isolated zoning district unrelated to surrounding districts?
Yes, the adjoining zoning districts are B-3 and R-3.
Will change adversely influence living conditions in the neighborhood?
Yes, this section of Arkansas Ave. is primarily residential. The proposed use could adversely impact the surrounding residences.
Are there substantial reasons why the property can not be used in accord with existing zoning? No, the Comprehensive Plan recognizes this area as Low Density Residential and the majority of the surrounding property is occupied by single family residences.
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CITY OF LAREDO ORDINANCE NO. 2002-O-104
AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING Lot 10, Block 1633, Eastern Division, located at 216 N. Arkansas Ave. from R-3 (Mixed Residential District) to B-3 (Community Business District); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. (AS AMENDED)
WHEREAS, a zone change has been requested by the owner of Lot 10, Block 1633, Eastern Division, located at 216 N. Arkansas Ave. from R-3 (Mixed Residential District) to B-4 (Highway 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 March 21st, 2002; and,
WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended denial of the proposed B-4 designation, denial of a Conditional Use Permit for a heavy mechanic shop and approval of a Conditional Use Permit for a light mechanic shop; 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 May 20th, 2002, on the request and finds a zone change 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 10, Block 1633, Eastern Division, located at 216 N. Arkansas Ave. from R-3 (Mixed Residential District) to B-3 (Communtiy Business 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.
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ELIZABETH G. FLORES
MAYOR
ATTEST:
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GUSTAVO GUEVARA, JR.
CITY SECRETARY
APPROVED AS TO FORM:
JAIME FLORES
CITY ATTORNEY
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BY: ALLAN W. MCGRAW
ASSISTANT CITY ATTORNEY