Date:
    12/04/00
    SUBJECT: FINAL READING OF ORDINANCE NO. 2000-O-305
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a child day care center on Lot 5, Block 1693, Eastern Division, located at 2820 Clark Blvd. ZC-85-2000
    Initiated by:
    Enedina Carmona
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by Louis H. Bruni at the City Council meeting of 11/27/00.
    BACKGROUND
    Council District: II - Louis H. Bruni
    Proposed use: Child car center
    Site: There is a single family residence on this site.
    Surrounding land uses: North of the site are several apartment complexes and single family residences. A church, auto sales, and automotive repair are located northwest of the site along Arkansas Ave. Northeast are several mobile home sites. East, west, and south of the site is mostly single family residential with some mobile home and multi-family residential lots. A grocery store is located at the southeast corner of Arkansas Ave. and Clark Blvd.
    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.
    Petition: In Favor: 42 Opposed: 0
    Letters sent to surrounding property owners: 21 In Favor: 4 Opposed: 0
    STAFF COMMENTS
    The proposed zone change is not appropriate at this location. The Comprehensive Plan recognizes this area as Low Density Residential. The established land use pattern is primarily residential with scattered commercial uses northwest and southwest of this site along Arkansas Ave.
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 7 to 0 vote, recommended Denial of the zone change.
    STAFF RECOMMENDATION:
    Staff does not support the proposed zone change.

    IMPACT ANALYSIS
    B-1 (Limited Business District): The purpose of the B-1 is to provide for business and commercial development serving a limited geographic area or neighborhood.
    Is this change contrary to the established land use pattern?
    The established land use pattern in the surrounding area is mostly residential with some commercial and institutional activity along Arkansas Ave. There is B-1 zoning at the intersection of Arkansas and Clark Blvd.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    Yes, the surrounding zoning district is R-3.
    Will change adversely influence living conditions in the neighborhood?
    This will adversely influence the living conditions, by the noise and the increased traffic this proposed use will create, at peak times along Clark Blvd.
    Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing zoning allows for sufficient uses that are compatible with the surrounding area.

CITY OF LAREDO ORDINANCE NO. 2000-O-305

AMENDING THE ZONING ORDINANCE (MAP)

OF THE CITY OF LAREDO BY AUTHORIZING

THE ISSUANCE OF A CONDITIONAL USE

PERMIT FOR A CHILD DAY CARE CENTER

ON LOT 5, BLOCK 1693, EASTERN DIVISION,

LOCATED AT 2820 CLARK BLVD.; PROVIDING

FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, the owner of Lot 5, Block 1693, Eastern Division, located at 2820 Clark Blvd., has requested a zone change from R-3 (Mixed Residential District) to B-1 (Limited Business District); 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 Planning and Zoning Commission on this matter; 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 November 2, 2000; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended denial of the proposed zone change; and,

WHEREAS, the City Council has held a public hearing on November 27, 2000, on the request and finds the proposed Conditional Use Permit for the area appropriate and consistent with the General Plan of the City of Laredo.

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 Condiltional Use Permit for a child day care center on Lot 5, Block 1693, Eastern Division, located at 2820 Clark Blvd.

Section 2: The Conditional Use Permit is restricted to the following provisions herewith adopted by the City Council:

1.) The C.U.P. is restricted to the child day care center only.

2.) The C.U.P. is issued to Eloy Rodriguez.

3.) The C.U.P. 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 _________________, 2000.

_______________________________

ELIZABETH G. FLORES

MAYOR

ATTEST:

___________________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

APPROVED AS TO FORM:

JAIME FLORES

CITY ATTORNEY

____________________________

BY: RAY RODRIGUEZ

ASSISTANT CITY ATTORNEY