Date:
    06/03/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-110
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a bank on 1.9436 acres, as further described by metes and bounds in attached Exhibit "A", located east of McPherson Rd. and north of Northridge Dr.; providing for publication and effective date. (As amended) Zc-22-2002
    Initiated by:
    Trautmann Investment Properties, Ltd.
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by Joe A. Guerra at the City Council meeting of 05/20/03.
    BACKGROUND
    Council District: VI - Joe A. Guerra
    Proposed use: Commercial: a gasoline station, an office and retail complex, a bank, and two billboards. Note: All of the proposed uses are permitted by the current B-1 designation with the exceptions of the bank and the billboards which require the B-3 designation.
    Site: The site is currently vacant.
    Surrounding land uses: The site is surrounded by vacant or residential areas.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan recognizes McPherson Rd. as a Major Arterial.
    Letters sent to surrounding property owners: 18 In Favor: 0 Opposed: 4
    STAFF COMMENTS
    The proposed zone change is inappropriate at this location. All of the proposed uses are permitted by the current B-1 designation with the exceptions of the bank and the billboards which require a B-3 designation. Although Staff will support a Conditional Use Permit for the proposed bank, Staff will not support the proposed zone change as it is inconsistent with the existing surrounding land uses and zoning designations.
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 8 to 0 vote, recommended denial of the zone change and approval of a Conditional Use Permit for a bank.
    STAFF RECOMMENDATION:
    Staff does not support the proposed zone change but supports a Conditional Use Permit for a bank.

    IMPACT ANALYSIS
    B-3 (Community Business District): The purpose of the B-3 District is to provide for those businesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets.
    Is this change contrary to the established land use pattern?
    No, the surrounding area is primarily residential.
    Could this change create an isolated zoning district unrelated to surrounding districts?
    Yes, the adjoining zoning designations are R-1, B-1, and R-2.
    Will change adversely influence living conditions in the neighborhood?
    Although the gas station and the office retail complex are permitted by the current zoning designation, many of the intensively commercial uses allowed by the proposed B-3 could negatively impact the area.
    Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing B-1 zoning district allows for sufficient uses that are more compatible with the surrounding area.

CITY OF LAREDO ORDINANCE NO. 2002-O-110

WHEREAS, a zone change has been requested by the owner of 1.9436 acres, as further described by metes and bounds in attached Exhibit "A", located east of McPherson Rd. and north of Northridge Dr., from B-1 (Limited Commercial District) to B-3 (Community Business 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 April 18, 2002; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended denial of the proposed zone change and approval of a Conditional Use Permit for a bank; 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 the request and finds a Conditional Use Permit appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, all uses not specifically identified by this ordinance shall be prohibited other than those uses customarily allowed by the underlying zoning designation; 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 authorize the issuance of a Conditional Use Permit for a bank on 1.9436 acres, as further described by metes and bounds in attached Exhibit "A", located east of McPherson Rd. and north of Northridge Dr.

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