Date:
    04/07/03
    SUBJECT: FINAL READING OF ORDINANCE NO. 2003-O-080
    Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 5, 6, 7, and 8, Block 527, Eastern Division, located at 902 San Carlos St. from R-3 (Mixed Residential District) to R-2 (Multi-Family Residential District); providing for publication and effective date. ZC-08-2003
    Initiated by:
    Marcelino and Carlos Mares, Cynthia Jackson Mares, and Mark Anthony Garza
    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 03/24/03.
    BACKGROUND
    Council District: IV- John Amaya
    Proposed use: Residential (condominiums)
    Note: The down zoning is required for the proposed use as condominiums are not permitted by the R-3 designation.
    Site: The site is currently occupied by five manufactured homes.
    Surrounding land uses: With the exception of the T & R Grocery Store, La Mision Bautista Church, and two home occupations, the site is completely surrounded by single and multifamily uses.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan does not recognize San Carlos St.
    Letters sent to surrounding property owners: 35 In Favor: 1 Opposed: 4
    STAFF COMMENTS
    The proposed zone change is appropriate at this location. Though not completely consistent with the Comprehensive Plan's designation of this area, the proposed zone is more restrictive, not less, and therefore poses no discernible detrimental effect to the surrounding neighborhood. On the contrary, the proposed use will benefit the area in that it will introduced fixed home ownership rather than the transitory element accompanying multifamily 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
    R-2 (Multi-Family Residential District): The purpose of the R-2 is to provide an area for higher density residential uses and those public and semi-public uses normally considered an integral part of the neighborhood they serve.
    Is this change contrary to the established land use pattern?
    No, the established land uses pattern in this area is single, mixed, and multifamily residential.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    Yes, the adjoining zoning districts are R-1 and R-3.
    Will change adversely influence living conditions in the neighborhood?
    Although there are no other condominiums in the immediate vicinity, there are manufactured, multifamily and single family residential uses completely surrounding the site.
    Are there substantial reasons why the property can not be used in accord with existing zoning? The applicant wishes to construct condominiums on their property which requires the R-2 zoning.

CITY OF LAREDO ORDINANCE NO. 2003-O-080

WHEREAS, a zone change has been requested by the owners of Lots 5, 6, 7, and 8, Block 527, Eastern Division, located at 902 San Carlos St. from R-3 (Mixed Residential District) to R-2 (Multi-Family Residential 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 February 20, 2003; 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 March 24, 2003, 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 5, 6, 7, and 8, Block 527, Eastern Division, located at 902 San Carlos St. from R-3 (Mixed Residential District) to R-2 (Multi-Family Residential 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