Date:
    09/16/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-229
    Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 1.83 acres, as further described by metes and bounds on attached Exhibit "A", located south of Emerald Hills Subdivision, Phase I and southeast of Dorel Dr., from R-1MH (Single Family Manufactured Housing District) to B-4 (Highway Commercial District); providing for publication and effective date. ZC-60-2002
    Initiated by:
    B.B. Loop 20, Ltd.
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by Hector J. Garcia at the City Council meeting of 09/03/02.
    BACKGROUND
    Council District: II - Hector J. Garcia
    Proposed use: Commercial
    Site: The site is currently vacant and undeveloped.
    Surrounding land uses: The site is completely surrounded by vacant and undeveloped land with the exception of Bob Bullock Loop to the east and Cheyenne Subdivision
    Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office.
    Transportation Plan: The Long Range Thoroughfare Plan identifies Bob Bullock Lp. as a Major Arterial and a Truck Route, and Hwy. 359 as a Truck Route and a Super Street.
    Petition (within 200' radius=0, outside 200' radius=3) In Favor: 3 Opposed: 0
    Letters sent to surrounding property owners: 3 In Favor: 2 Opposed: 0
    STAFF COMMENTS
    The proposed zone change is inappropriate at this location. While the change is consistent with the Comprehensive Plan which recognizes this area as Retail/Office, the site directly abuts two residentially zoned areas which could be negatively impacted by the intense commercial uses allowed by the proposed B-4 designation. Staff recognizes that there are large B-4 areas located both to the southeast and northeast of the site, but in both cases, the residential areas in the vicinity are buffered by a creek or an area of lesser zoning intensity.
    Though a B-1 zone change request has been submitted for an approximately six acre tract west of the site, which could provide buffering between the R-1MH and the B-4 zoned areas, the R-1 zoned area south of the proposed B-4 site would remain exposed to the intense commercial uses allowed by the proposed B-4 designation.
        P&Z COMMISSION RECOMMENDATION:
        The P & Z Commission, in a 8 to 1 vote, recommended approval of the zone change.
        STAFF RECOMMENDATION:
        Staff does not support the proposed zone change.

        IMPACT ANALYSIS
        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?
        There is no established land use in the immediate vicinity other than Cheyenne Subdivision farther west of the site.
        Would this change create an isolated zoning district unrelated to surrounding districts?
        Yes, the surrounding zoning districts are R-1MH, B-4, and R-1.
        Will change adversely influence living conditions in the neighborhood?
        Yes, the nearby present and future residential areas could be negatively impacted.
        Are there substantial reasons why the property can not be used in accord with existing zoning? No, the current zoning allows for residential uses.

      CITY OF LAREDO ORDINANCE NO. 2002-O-229

      WHEREAS, a zone change has been requested by the owners of 1.83 acres, as further described by metes and bounds on attached Exhibit "A", located south of Emerald Hills Subdivision, Phase I and southeast of Dorel Dr., from R-1MH (Single Family Manufactured Housing 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 August 15, 2002; and,

      WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval 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,

      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 rezoning 1.83 acres, as further described by metes and bounds on attached Exhibit "A", located south of Emerald Hills Subdivision, Phase I and southeast of Dorel Dr., from R-1MH (Single Family Manufactured Housing District) to B-4 (Highway Commercial 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.

      _______________________

      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