Date:
    9/03/02
    SUBJECT: FINAL READING OF AN ORDINANCE NO. 2002-O-218
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Special Use Permit to Vaquillas Windsor, Ltd. for town homes on Lot 1, Block 1, San Isidro Monarch Subdivision, Unit 1, located at 2445 Monarch Dr.; providing for publication and effective date. ZC-50-2002
    Initiated by:
    Vaquillas Windsor, Ltd.
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: City Council authorized the rezone of this property from AG to B-3 on March 6, 2000. This item was introduced by Gene Belmare at the City Council meeting of 08/19/02.
    BACKGROUND
    Council District: VI- Gene Belmares
    Proposed use: Residential (town homes) Note: Although the site is presently zoned B-3, the applicant is concurrently requesting a rezone of this site to R-2, which has precipitated this Special Use Permit request.
    Site: The site is vacant and undeveloped.
    Surrounding land uses: The site is almost completely surrounded by vacant and undeveloped areas with the exceptions of Doctor's Hospital to the northwest, Windsor Place apartments and an office type building to the northeast, and an area of single family dwellings to the southwest.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office and Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan does not identify Monarch Dr.
    Letters sent to surrounding property owners: 3 In Favor: 0 Opposed: 0
    STAFF COMMENTS
    The propose Special Use Permit is appropriate at this location. Although not strictly consistent with the surrounding zoning designations, the proposed use is consistent with the Comprehensive Plan's designation of this area, and the existing surrounding land use pattern.
    Staff recommends the following permit condition:
    1. The Special Use Permit is restricted to the site plan, Exhibit "A, which is made a part hereof for all purposes.
    The Fire Department has recommended the following conditions regarding the site:
    1. Main entrance must have two (2) fourteen (14) foot gates.
    2. Must install a chip at entrance for Emergency Apparatus access.
    3. Must have a second Exit to be utilized for emergency purposes.
    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.
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 7 to 0 vote, recommended approval of the Special Use Permit.
    STAFF RECOMMENDATION:
    Staff supports the proposed Special Use Permit.

    IMPACT ANALYSIS
    R-2 (Multi-Family Residential District): The purpose of the R-2 is to provide an area for higher density residential uses and those public and semi-public uses normally considered an integral part of the neighborhood they serve.
    Is this change contrary to the established land use pattern?
    Although the established land use is sparse, it is mostly residential in nature.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    Yes, the adjoining zoning districts are B-3, B-4, and AG.
    Will change adversely influence living conditions in the neighborhood?
    No, there is a large apartment complex just north of the site.
    Are there substantial reasons why the property cannot be used in accord with existing zoning? No, the existing zoning allows for uses that are compatible to the surrounding area.

CITY OF LAREDO ORDINANCE NO. 2002-O-218

WHEREAS, a request has been received to amend the Zoning Ordinance Map of the City of Laredo by authorizing the issuance of a Special Use Permit to Vaquillas Windsor, Ltd. for town homes on Lot 1, Block 1, San Isidro Monarch Subdivision, Unit 1, located at 2445 Monarch Dr.; 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 July 18, 2002; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the proposed Special Use Permit; 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 on this matter; and,

WHEREAS, the City Council has held a public hearing on August 19, 2002, on the request and finds the 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 Vaquillas Windsor, Ltd. for town homes on Lot 1, Block 1, San Isidro Monarch Subdivision, Unit 1, located at 2445 Monarch Dr.

Section 2: The Special 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