SUBJECT
title
Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit for Heavy Machinery Sales and Rental (Outdoor Display) on Lots 2,3,4,5, Block 939, Western Division, located at 3703, 3715, and 3717 San Dario Avenue.
ZC-057-2025
District VIII
body
PREVIOUS COUNCIL ACTION
None.
BACKGROUND
Initiated by: Guadalupe Murillo, Owner; and Victor J. Linares, P.E., Representative and Applicant
Council District: IV - Cm. Alyssa Cigarroa
Proposed use: The proposed use is for Truck and Trailer Sales and Truck and Trailer Rentals.
Site: The site is currently occupied by Murillo Trucks & Trailers Sales.
Minimum Zoning District Required for Proposed Use: B-4 (Highway Commercial District) zoning district.
Current Zoning District: The site is currently zoned as a B-3 (Community Business District) zoning district.
Citations: No citations have been issued at this location.
Surrounding land uses: To the north of the site is Boston Street, single family residential uses, Espinal Auto Collection (car dealership), and Raza Motors (car dealership). To the east of the site is San Eduardo Avenue, multi-family residential uses, and a vacant building. To the south of the site is Pierce Street, single family residential uses, Pollo Feliz (restaurant), San Isidro Motors (car dealership), and vacant developed land. To the west of the site is San Dario Avenue and Interstate 35.
Comprehensive Plan: The Future Land Use Map identifies this area as Neighborhood Mixed Use.
https://www.openlaredo.com/planning/
2017_Comprehensive_Plan-Viva_Laredo.pdf#page=39
Transportation Plan: The Long Range Thoroughfare Plan identifies San Dario Avenue as a Freeway.
https://www.cityoflaredo.com/home/showpublisheddocument
/17680/638703100333370000
Letters sent to surrounding property owners: 30 In Favor: 0 Opposed: 0
COMMITTEE RECOMMENDATION
The Planning and Zoning Commission in a ___ to ___ vote recommended ___ of the zone change.
STAFF RECOMMENDATION
recommendation
Staff supports the proposed conditional use permit for the following reasons:
1. The proposed use is appropriate at this location since it abuts San Dario Avenue which is identified on The Long Range Thoroughfare Plan as a Freeway.
2. There are similar uses such as car dealerships along the corridor of this location. Therefore, it is not out of character.
3. The proposed use has been existing for 49 years, and no citations have been issued. Thus, it is not anticipated to have a negative impact in the surrounding area or neighborhood.
4. The only access is through San Dario. Therefore, traffic will not impose in the existing neighborhood.
General Comments:
1.The approval of the conditional use permit does not guarantee the issuance of the building permit.
2. The use authorized by the conditional use permit is required to abide by all relevant municipal codes.
If approved, Staff suggests the following conditions:
1. The Conditional Use Permit is restricted to the site plan, as per Exhibit A, which is made part hereof for all purposes.
2. The hours of operation shall be Monday-Saturday from 8:00p.m. to 6:00p.m
3. The conditional use permit shall only be for the sale and rental of trucks and trailers.
4. Refrigerated trucks shall not be parked adjacent to the fence bordering residential properties.
5. Lighting of property shall be screened to avoid adverse impact on adjacent residential neighborhoods.
6. Owner shall provide parking spaces in compliance with Section 24.78 of the Laredo Land Development Code.
7. Owner shall provide and maintain trees and shrubs in compliance with Section 24.83 of the Land Development Code.
8. Landscaping shall be provided and maintained for the complete duration of the existence of the use in accordance with the City of Laredo Land Development Code.
-The site plan shall identify a total number of # trees and # shrubs for the surface parking lot:
*Formula: One (1) tree for every ten (10) parking spaces, as per section 24.83.3 (1)
.19 total parking spaces / 10 = 1.9 trees
.Total number of trees required: 2 Trees
*Formula: The number of shrubs required shall be equal to the total number of trees required multiplied by four (4), as per section 24.83.3 (2).
. 2 trees X 4shrubs = 8 shrubs
.Total number of Shrubs required: 8 Shrubs
9. The property owner must comply with all City Noise Ordinances provisions of the City of Laredo Code of Ordinances.
10. The owner shall provide an opaque fence or wall of not less than 7 (seven) feet in height along any side or rear property lines which abut or adjoin property containing a residential use or residential zoning district. Apartment complexed, residential condominiums or residential townhomes shall be similarly screened irrespective of which zoning district they occur in.
11. Air inflatables used for advertising shall be prohibited.
12. The establishment must make provisions to keep litter to a minimum, and to keep it from blowing into adjacent streets and properties.
13. Signage shall be consistent with the City’s Sign Ordinance.
14. Off-street parking shall be provided in accordance with the City of Laredo Land Development Code.
15. The proposed use shall not exceed the “Occupant Load” as set forth in the Certificate of Occupancy with Occupant Load issued to the CUP Business holder.
16. The proposed use shall, during all hours of operation, maintain, free from obstruction or impediment to full instant use in the case of fire or other emergency, all exit accesses, exits or exit discharges.
17. The proposed use shall undergo an annual Fire Inspection.
18. All permits, licenses, certifications and inspections required by the codes and ordinances of the City of Laredo shall be kept up to date and current including but not limited to: a. Food Manager License (annual), b. Food Handler's Permit (annual), c. Certificate of Occupancy with Occupant Load. Occupant Load being the approved capacity of a building or portion thereof.
19. Owner shall comply with Building, Health, Safety, Fire, Environmental, and all applicable codes and regulations as required.
20. The establishment shall be kept in a sanitary condition.
21. The proposed use shall not cause undue traffic congestion, dangerous traffic conditions, parking or loading problems.
22. The operating characteristics of the use shall not create a nuisance and the impacts of the use on surrounding properties shall be minimized with respect to noise, odors, vibrations, glare, and any other similar conditions.
23. The proposed use shall not cause significant deterioration to water resources, wetlands, wildlife habitat, scenic characteristics, or other natural features.
24. The establishment shall not store automotive fuel, lubricant and fluids, materials, equipment, and auto parts in proper storage areas within the property. Storage on the roof of any structure is prohibited. Storage outside the property boundaries is prohibited.
25. The display or storage of vehicles shall be kept within the property boundaries. Parking, displaying, or storing vehicles on public right of way is prohibited.
26. The repair of Truck/Heavy Equipment/Recreational Vehicles shall be prohibited.
IMPACT ANALYSIS
Is this change contrary to the established land use pattern?
No. There are existing used car dealerships in the area. However, there are residential uses to the north and east of the site.
Would this change create an isolated zoning district unrelated to surrounding districts?
The zoning will not change.
Will change adversely influence living conditions in the neighborhood?
The proposed use has been existing for 49 years; if it were likely to negatively impact the neighborhood, such effects would have already occurred.
Are there substantial reasons why the property cannot be used in accordance with existing zoning?
Yes. The existing B-3 does not allow for a truck and trailers sales and truck and trailer rentals as intended by the applicant.
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