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SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-128
Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a drapery shop on Lot 7, Block 251, Eastern Division, located at 1802 Cedar Ave.; providing for publication and effective date. (As amended) ZC-30-2002 |
Paula and Victor Manuel Avila |
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 06/17/02. |
Council District: III - John C. Galo
Proposed use: Commercial (a drapery shop).
Site: The site is currently occupied by a vacant structure previously used as a print shop.
Surrounding land uses: The area is completely surrounded by an assortment of residential uses. The small collection of commercial uses present in the immediate area includes Lalo's Bar, Holy Angeles School, Doctor Galo's and Del Bosques's Auto Repair.
Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
Transportation Plan The Long Range Thoroughfare Plan does not identify Cedar Ave. at this location.
Letters sent to surrounding property owners: 43 In Favor: 2 Opposed: 0 |
The proposed zone change is inappropriate at this location. The proposed B-3 designation is inconsistent with the Comprehensive Plan, which designates this area as Low Density Residential, and the established land use pattern is almost exclusively residential. Although Staff does not support the proposed zone change, both Staff and the Planning and Zoning Commission recommend the issuance of a Conditional Use Permit for a drapery shop with the following conditions, which have been agreed to by the applicant at the Planning and Zoning meeting of 05/16/02:
1. The applicant shall provide eight (8) paved parking spaces including three (3) parking spaces for employees. (comments continued)
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P&Z COMMISSION RECOMMENDATION:
The P & Z Commission, in a 7 to 0 vote, recommended denial of the zone change and approval of a Conditional Use Permit with conditions. |
Staff does not support the proposed zone change, but supports a Conditional Use Permit with conditions. |
Staff Comments Continued:
2. The applicant shall provide a seven (7) foot opaque fence on the site's northern and western border. 3. The applicant shall provide and maintain, at all times, seven (7) trees and twenty (28) shrubs. 4. Signage shall be limited to that which allowed for a home occupation in an R-3 district. 5. The business's hours of operation shall be limited to 9:00 am to 6:00 pm, Monday through Saturday. 6. The Conditional Use Permit is issued to Paula and Victor Manuel Avila and is nontransferable.
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?
Yes, the established land use pattern is primarily residential.
Would this change create an isolated zoning district unrelated to surrounding districts?
Yes, the site is completely surrounded by R-3 zoned areas.
Will change adversely influence living conditions in the neighborhood?
Yes, there are only two other similarly intensive uses present in this area.
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CITY OF LAREDO ORDINANCE NO. 2002-O-128
AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY authorizing the issuance of a Conditional Use Permit for a drapery shop on Lot 7, Block 251, Eastern Division, located at 1802 Cedar Ave.; providing for publication and effective date. (As amended)
WHEREAS, a zone change has been requested by the owners of Lot 7, Block 251, Eastern Division, located at 1802 Cedar Ave., from R-3 (Mixed Residential 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 May 16, 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 drapery shop with conditions; 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 June 17, 2002, on the request and finds the zone change 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 drapery shop on Lot 7, Block 251, Eastern Division, located at 1802 Cedar Ave.
Section 2: This Ordinance is further restricted to the following provisions herewith adopted by the City Council:
1. The applicant shall provide eight (8) paved parking spaces including three (3) parking spaces for employees.
2. The applicant shall provide a seven (7) foot opaque fence on the site's northern and western border.
3. The applicant shall provide and maintain, at all times, seven (7) trees and twenty (28) shrubs.
4. Signage shall be limited to that which allowed for a home occupation in an R-3 district.
5. The business's hours of operation shall be limited to 9:00 am to 6:00 pm, Monday through Saturday.
6. The Conditional Use Permit is issued to Paula and Victor Manuel Avila and is nontransferable
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