Date:
    09/16/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-227
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit to A. E. Santos for an office on Lot 1 and the west ½ of Lot 2, Block 1141, Eastern Division, located at 2001 Clark Blvd.; providing for publication and effective date. (As amended) ZC-58-2002
    Initiated by:
    A. E. Santos
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by John Amaya at the City Council meeting of 09/03/02.
    BACKGROUND
    Council District: IV - John Amaya
    Proposed use: Office (The applicant's representative, Mr. Ron Whitehawk, has relayed to Staff that the applicant wishes to conduct his personal investments from this office. This activity will entail the employment of one or two other persons as his assistants. He has assured Staff that only rarely would others or customers visit the office).
    Site: The site is currently occupied by a single family residential dwelling.
    Surrounding land uses: The area north of the site is occupied by predominately single family residential homes with the Universal Hair Salon and Terry Kimmel (Speech Pathologist) to the west and southwest and Esquivel Photos to the east.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan identifies Clark Blvd. as a Modified Major Arterial.
    Letters sent to surrounding property owners: 20 In Favor: 3 Opposed: 2
    STAFF COMMENTS
    The proposed zone change is not appropriate at this location. The Comprehensive Plan recognizes this area as Low Density Residential, and the primary established land use pattern is residential.
    Additionally, the applicant's site plan does not conform to code as the applicant has proposed three residentially configured parking spaces, while the code calls for six spaces laid in a commercial configuration.
    Although there are three commercial uses in the immediate vicinity, both Universal Hair and Esquivel's Photo Studio enjoy a legal nonconforming status, while the third commercial use is a psychologist's office which was issued a Conditional Use Permit in 1999 against Staff's recommendation.
        P&Z COMMISSION RECOMMENDATION:
        The P & Z Commission, in a 7 to 2 vote, recommended denial of the zone change.
        STAFF RECOMMENDATION:
        Staff does not support the proposed zone change.

        IMPACT ANALYSIS
        R-O (Residential/Office District): The purpose of the R-O (Residential/Office District) is to allow a mix of residential and limited businesses and which would restrict the residential to not more than three dwellings on one site, and the businesses to office uses and very limited commercial.
        Is this change contrary to the established land use pattern?
        Yes, although there are three other commercial ventures in the immediate vicinity, on the whole the established land use pattern is single family residential.
        Would this change create an isolated zoning district unrelated to surrounding districts?
        The site is completely surrounded by R-1 zoned areas.
        Will change adversely influence living conditions in the neighborhood?
        No. The change will not have a significant impact, although it could create more traffic.
        Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing zoning allows for sufficient uses compatible with the surrounding area.

      CITY OF LAREDO ORDINANCE NO. 2002-O-227

      WHEREAS, a zone change has been requested by the owners of Lot 1 and the west ½ of Lot 2, Block 1141, Eastern Division, located at 2001 Clark Blvd., from R-1 (Single Family Residential District) to R-O (Residential-Office 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 August 15, 2002; and,

      WHEREAS, the Planning and Zoning Commission, after a public hearing, has 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, the City Council has held a public hearing on September 3, 2002, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; 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,

      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 Special Use Permit shall be met before the activity sanctioned by the Special Use Permit may commence; 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 Conditional Use Permit to A. E. Santos for an office on Lot 1 and the west ½ of Lot 2, Block 1141, Eastern Division, located at 2001 Clark Blvd.

      Section 2: This Ordinance 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