Date:
    06/02/03
    SUBJECT: FINAL READING OF ORDINANCE NO. 2003-O-122
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit for a child daycare facility on 1.42 acres, as further described by metes and bounds in attached Exhibit "A", located approximately at 3351 Clark Blvd; providing for publication and effective date. ZC-20-2003
    Initiated by:
    Clark's Crossing Partners, Ltd.
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: In March of 2002, Mr. Richard Haynes proposed the entire 15.34 acre tract surrounding this site be rezoned from R-1 to B-3. On 04/05/02, the Commission recommended and Council approved the northernmost 3.58 acres be rezoned to B-3 and the remaining 11.76 acres be rezoned to R-2. This item was introduced by Hector J. Garcia at the City Council meeting of 05/19/03.
    BACKGROUND
    Council District: II - Hector J. Garcia
    Proposed use: Commercial (a child daycare facility)
    Site: The site is currently occupied by the proposed child daycare facility.
    Surrounding land uses: The area south is vacant, undeveloped land, except for a few single family residences and the new apartment complex recently built. The area west of Ejido Ave. is predominantly single family residential, including mobile homes, a few apartment complexes, and a church. The area north of the site includes more apartments, the Webb County Appraisal District, a few vacant lots, and more single family residences.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low and Medium Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan identifies Clark Blvd. as a Major Arterial.
    Letters sent to surrounding property owners: 2 In Favor: 1 Opposed: 0
    STAFF COMMENTS
    The applicant states that "the day care facility (4300 square feet) is an amenity designed to provide child care and related services to the children of Clark's Crossing residents and residents of the surrounding community. It is anticipated that approximately 70% of the children attending the day care will be children of Clark's crossing residents. In addition to day care services there is a computer center for the use of both children and adults....the day care meets all life safety, ADA, and other requirements necessary to provide quality child care to up to 80 plus children. At full capacity there will be 8 to 12 employees...(operate) from 7:15 AM to 6:00 PM...Monday through Friday.
    The intended child daycare facility is compatible to its surroundings 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. Staff supports the proposed Conditional Use Permit and recommends the following conditions: 1. The C.U.P. is nontransferable and is issued to Clark's Crossing Partners, Ltd.
    2. The C.U.P. is restricted to the site plan, Exhibit "A", which is made part hereof for all purposes.
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 8 to 0 vote, recommended approval of the permit.
    STAFF RECOMMENDATION:
    Staff supports the proposed Conditional Use Permit.

    STAFF COMMENTS CONTINUED:

CITY OF LAREDO ORDINANCE NO. 2003-O-122

WHEREAS, the applicant has requested the issuance of a Conditional Use Permit for a child daycare facility on 1.42 acres, as further described by metes and bounds in attached Exhibit "A", located approximately at 3351 Clark Blvd.; 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 17, 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 May 19, 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 for a child daycare facility on 1.42 acres, as further described by metes and bounds in attached Exhibit "A", located approximately at 3351 Clark Blvd.


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