Date:
    03/03/03
    SUBJECT: FINAL READING OF ORDINANCE NO. 2003-O-048
    Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 12.41 acres, as further described by metes and bounds in attached Exhibit "A", located east of McPherson Road and north of University Park Subdivision, from R-1 (Single Family Residential District) to B-3 (Community Business District); providing for publication and effective date. ZC-80e-2001
    Initiated by:
    Robert Marshall
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: Contrary to Staff's recommendation, Council denied the identical zone change request on 11/26/01. This item was introduced by Gene Belmares at the City Council meeting of 02/18/03.
    BACKGROUND
    Council District: VI - Gene Belmares
    Proposed use: Commercial.
    Site: The site is currently vacant and undeveloped.
    Surrounding land uses: The site is completely surrounded by vacant and undeveloped land, except for University Park Subdivision and an Exxon Gas Station south of this site and a Danny's Restaurant to the north.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
    Transportation Plan: McPherson Road is identified as a Major Arterial on the Long Range Thoroughfare Plan.
    Petition: In Favor: 0 Opposed: 9
    Letters sent to surrounding property owners: 16 In Favor: 1 Opposed: 6
    STAFF COMMENTS
    The proposed zone change is appropriate at this location. Although the change is inconsistent with the Comprehensive Plan, there is a definite trend toward commercial uses in this area, and there are existing B-3 designated areas directly west and south of this site. The Manadas Development Master Plan also shows future residential development further east of the site which will be sufficiently buffered by the 200' utility easement at the site's eastern boundary.
          P&Z COMMISSION RECOMMENDATION:
          The P & Z Commission, in a 5 to 1 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 only existing development is University Park Subdivision and an Exxon Gas Station south of this site, Skate Palace to the west and a Danny's Restaurant to the north.
          Would this change create an isolated zoning district unrelated to surrounding districts?
          No. The adjoining zoning districts are B-3, R-0, R-1.
          Will change adversely influence living conditions in the neighborhood?
          Although the majority of the surrounding area is vacant, the Manadas Master Plan shows future development east of the site which will be sufficiently buffered by the 200' utility easement at the eastern boundary of the site.
          Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing zoning provides for existing uses that are compatible with the surrounding area.

          CITY OF LAREDO ORDINANCE NO. 2003-O-048

          WHEREAS, the owner of 12.41 acres, as further described by metes and bounds on attached Exhibit "A", located east of McPherson Road and north of University Park Subdivision, has requested a zone change from R-1 (Single Family 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 October 18, 2001; 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 February 18, 2003, on the request and finds the proposed zone 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 change the current zoning designation of 12.41 acres, as further described by metes and bounds on attached Exhibit "A", located east of McPherson Road and north of University Park Subdivision, from R-1 (Single Family 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 _________________, 2003.

          ________________________

          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