Date:
    05/05/03
    SUBJECT: FINAL READING OF ORDINANCE NO. 2003-O-106
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit to Penfam Ltd. for an adult daycare facility on 0.96 acres, as further described by metes and bounds in attached Exhibit "A", located south of the intersection of Gates St. and Loring Ave.; providing for publication and effective date. ZC-11b-2003
    Initiated by:
    Francisco and Maria Luisa Pena
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by John C. Galo at the City Council meeting of 04/21/03.
    BACKGROUND
    Council District: III - John C. Galo
    Proposed use: Residential (a retirement community)
    Site: The site is currently vacant.
    Surrounding land uses: The Rio Grande is located southwest of the site and large vacant and undeveloped areas lay to the southeast and northwest. The area north and northeast of the site are occupied by a mixture of single family residential uses.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan does not identify either Gates St. or Loring Ave.
    Letters sent to surrounding property owners: 9 In Favor: 0 Opposed: 0
    STAFF COMMENTS
    The proposed Conditional Use Permit is appropriate at this location as the site is remarkably self contained and pastoral, thereby lending it exceptional suitability to the proposed use. The intended adult daycare facility is also compatible to the surrounding neighborhood as it would neither significantly alter the character of the area, cause undue traffic, nor would it's operating characteristics adversely affect the surrounding residential area.*
    comments continued...
    * (For further details, see attached operating characteristics)
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 6 to 0 vote, recommended approval of the Conditional Use Permit.
    STAFF RECOMMENDATION:
    Staff supports the proposed Conditional Use Permit.

    STAFF COMMENTS CONTINUED:
    The applicant states that, at it's maximum operating capacity, the 5,750 square foot facility will provide service to 135 clients, employ 21 people and utilize 6 vans. Staff supports the proposed Conditional Use Permit and recommends the following conditions:
    1. The Conditional Use Permit is restricted to the site plan, Exhibit "B", which is made a part hereof for all purposes.
    2. The Conditional Use Permit shall be issued to, Penfam Ltd. and is nontransferable.
    3. The facility shall provide a minimum of 35 parking spaces including eight handicapped, American Disabilities Act (ADA) compliant, parking spaces.
    4. The facility shall operate only between the hours of 9:00 am to 6:00 p.m., Monday through Friday.
    5. The facility shall only employ a maximum of 21 people.
    6. No client served by the facility shall remain at the facility over night.
    7. The facility shall be licensed by the State Department of Human Services or other appropriate state office.
    9. Ten (10%) percent of the total lot area shall be devoted to landscaping.

CITY OF LAREDO ORDINANCE NO. 2003-O-106

WHEREAS, the applicant has requested the issuance of a Conditional Use Permit to Penfam Ltd. for an adult daycare facility on 0.96 acres, as further described by metes and bounds in attached Exhibit "A", located south of the intersection of Gates St. and Loring Ave.; 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 April 3, 2003; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the proposed Conditional Use Permit; and,

WHEREAS, notice of the amendment 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 April 17, 2003, on the request and finds the proposed amendment appropriate and consistent with the General Plan of the City of Laredo.

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 authorizing the issuance of a Conditional Use Permit to Penfam Ltd. for an adult daycare facility on 0.96 acres, as further described by metes and bounds in attached Exhibit "A", located south of the intersection of Gates St. and Loring Ave.


Section 2: This Ordinance is further restricted to the following provisions herewith adopted by the City Council:

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 _________________, 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