Date:
    01/13/03
    SUBJECT: FINAL READING OF ORDINANCE NO. 2003-O-008
    Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1 through 6, Block 1066, Western Division, located at the 4300 block of San Agustin Ave., from R-3 (Mixed Residential District) to B-3 (Community Business District); providing for publication and effective date. ZC-86-2002
    Initiated by:
    3B Estates Ltd.
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by Jose A. Valdez, Jr. at the City Council meeting of 12/16/02.
    BACKGROUND
    Council District: VII - Jose A. Valdez, Jr.
    Proposed use: Commercial (a drive thru restaurant).
    Site: The site is occupied by a portion of a drive thru restaurant type building previously used by Whataburger, presently housing Snacks and More Restaurant.
    Surrounding land uses: North of the site are several single family residences, the Tiny Time Daycare, Laredo Clay House (CUP issued), Julep's Restaurant, and a large vacant area. The areas east and southeast of the site are occupied by single family residences, apartments, a recycling center, and a future meat market. South and east of the site are Gonzalez Auto Parts, a car wash, Las Palmas Inn, Dairy Queen, Pronto Pawn Shop, Taco Bell, Royal Treat Carwash, a warehouse type building, and an old soft water dispensing station.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office.
    Transportation Plan: The Long Range Thoroughfare Plan does not identify San Agustin Ave.
    Petition: In Favor: 26 Opposed: 0
    Letters sent to surrounding property owners: 23 In Favor: 1 Opposed: 1
    STAFF COMMENTS
    The proposed zone change is appropriate at this location as it is consistent with the Comprehensive Plan, which identifies this area as retail/office, and the trend toward B-3 zoning already evident in the area. The established land use pattern is also highly commercial, especially along San Bernardo Ave. and already exhibits several similar uses.
      P&Z COMMISSION RECOMMENDATION:
      The P & Z Commission, in a 8 to 0 vote, recommended approval of the zone change.
      STAFF RECOMMENDATION:
      Staff supports the proposed zone change.

      IMPACT ANALYSIS
      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?
      The established land use pattern is primarily commercial and already exhibit several similar uses.
      Would this change create an isolated zoning district unrelated to surrounding districts?
      No, the adjoining zoning districts are R-3, and B-3.
      Will change adversely influence living conditions in the neighborhood?
      There currently exist several similar commercial uses in the area.
      Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing zoning district allows for sufficient uses that are compatible with the surrounding area.

    CITY OF LAREDO ORDINANCE NO. 2003-O-008

    WHEREAS, a zone change has been requested by the owners of Lots 1 through 6, Block 1066, Western Division, located at the 4300 block of San Agustin 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 November 21, 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 December 16, 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 Lots 1 through 6, Block 1066, Western Division, located at the 4300 block of San Agustin Ave., from R-3 (Mixed Residential District) to B-3 (Community Business 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