SUBJECT
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Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a conditional use permit for an auto body shop (collision center) on Lot 5, Block 1787, Eastern Division, located at 2917 Market Street.
ZC-070-2026
District II
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PREVIOUS COUNCIL ACTION
None.
BACKGROUND
Initiated by: Irma Alvarez, Owner; Sergio Alvarez, Applicant
Council District: II - Cm. Ricardo “Richie” Rangel, Jr.
Proposed Use: The proposed use is an auto body shop (collision center).
Minimum Zoning District Required for Proposed Use: B-4 (Highway Commercial District) zoning district.
Current Zoning District: The site is currently zoned as an R-3 (Mixed Residential District) zoning district.
Site: The site is currently occupied by an auto body shop (collision center - Royal Klassic Collision Center, LLC.).
- Records have indicated that no violations, warning notices, or citations have been issued for the property located at 2917 Market Street.
Surrounding Land Uses: To the north of the site is Market Street and residential uses, such as single-family uses and multi-family uses (apartments and duplexes). To the east of the site is North India Avenue, a vacant commercial structure, and residential uses, such as single-family uses, apartment complexes, and mobile homes. To the south of the site is Cortez Street, a communication tower, residential uses, such as single-family uses, apartment complexes, and mobile homes. To the west of the site is is North New York Avenue, North Arkansas Avenue, a vacant lot, unpaved parking lot, junk yard, Temprite Mechanical, Inc., and residential uses, such as single-family uses.
Comprehensive Plan: The Future Land Use Map recognizes this area as High Density Residential.
https://www.openlaredo.com/planning/
2017_Comprehensive_Plan-Viva_Laredo.pdf#page=39
Transportation Plan: The Long Range Thoroughfare Plan identifies Market Street as a Local Street.
https://www.cityoflaredo.com/home/showpublisheddocument
/17680/638703100333370000
Letters sent to surrounding property owners: 38 In Favor: 0 Opposed: 0
A Conditional Use Permit is intended to provide for those land uses where additional regulation is necessary to protect the property and surrounding area. It is primarily intended for property located in older section of the city and is intended to promote development and/or redevelopment of such property, which is consistent with the land use patterns of surrounding property. The property is zoned a R-3 (Mixed Use Residential District) zoning district.
Staff supports the proposed conditional use permit (CUP) for the following reasons:
1. City records indicate no documented violations, warning notices, citations, or complaints associated with the existing collision center located at 2917 Market Street.
2. The proposed use is an established, long-standing use at the subject property. The property has been occupied by an auto body shop for more than twenty (20) years. The CUP would allow the existing use to continue while establishing specific conditions to regulate its operation.
3. The CUP provides an appropriate mechanism to regulate the existing collision center within an otherwise predominantly residential area. The proposed conditions address storage, hazardous materials, vehicle repair activities, lighting, screening, noise, parking, and site maintenance to minimize potential impacts on surrounding residential properties.
4. The proposed conditions establish specific operational standards for the existing collision center, including requirements for enclosed storage of materials, proper handling of automotive fluids and hazardous waste, and limitations on outdoor activities, to address potential nuisances associated with the use.
NOTICE TO THE OWNER/APPLICANT:
1.The approval of the conditional use permit does not guarantee the issuance of the building permit and requires full compliance with all applicable municipal codes and regulations.
If approved, Staff suggests the following conditions
1. The conditional use permit shall be issued to Royal Klassic Collision Center, LLC/Sergio Alvarez, and shall be transferable only with the approval of the City Council, and shall be subject to all conditions of the initial approval, and such other conditions as the City Council may require.
2. The hours of operation shall be limited to, Monday to Friday, from 9:00 a.m. to 7:00 p.m. and Saturday, from 9:00a.m. to 3:00 p.m.
3. The conditional use permit is restricted to the site plan, “Exhibit A”, which is made part hereof for all purposes.
4.Hazardous materials and wastes generated by the operation, including but not limited to used motor oil, automotive fluids, paints, solvents, batteries, and contaminated materials, shall be property stored, handled, and disposed of in accordance with applicable local, state, and federal regulations. No dumping, disposal, or discharge of automotive fluids, hazardous materials, wastewater, or other waste materials shall occur on the property, into the stormwater drainage system, or into the public right-of-way.
5. Automotive fuel, lubricants, and fluids shall be stored in accordance with applicable Fire Code requirements. Materials, equipment, and auto parts associated with the collision center shall be stored within a wholly enclosed building.
6. The repair of truck/heavy equipment/recreational vehicles shall be prohibited.
7. The display or storage of vehicles shall be kept within the property.
8. All paints and solvents shall be stored in sealed containers.
9. There shall be no bulk of toxic chemical storage on the property.
10. There shall be proper ventilation and filtration system for the painting areas.
11. All vehicle repair, body work, sanding, grinding, painting, and similar activities shall be conducted entirely within a wholly enclosed structure.
12. All required off-street parking spaces and maneuvering spaces shall be within the property boundaries.
13. Automotive parts, damaged vehicle components, tires, bumpers, scrap metal, and similar materials shall not be stored in open view or accumulated outdoors.
14. The property shall not be used for the display, advertising, or sale of vehicles.
15. No commercial vehicle that exceeds one (1) ton in manufacturer's gross vehicle weight rating (GVWR) or that has more than two (2) axels, nor any commercial or utility trailer, shall be stored in any manner on the property. Tractor trailer (18 wheelers-trucks) are prohibited on site.
16. All loading and unloading of shipments or deliveries shall occur within property boundaries and shall not occur in the public right-of-way.
17. On-Site parking shall be provided in accordance with the City of Laredo Land Development Code Section 24-78.3
18. If off-site parking is proposed it shall be provided in accordance with the City of Laredo Land Development Code, Section 24-78.2(i)(3), Section 24-78.2(i)(5), and Section 24-78.2(k), as follows:
- Parking spaces for commercial, industrial, or institutional uses shall be located not more than one thousand (1,000) feet from the principal use. Said one thousand (1,000) feet shall be measured from the driveway entrance of the principal use to the driveway entrance of the parking lot using definable pedestrian corridors and street crossings at designated crosswalks.
- No required parking areas can be provided for in a manner that will only be temporary. The business must have an interest (i.e., a lease agreement which shall be renewed or verified on an annual basis as a condition of authorization to continue the business and shall be in effect until the uses cease, title, or legal share) in off-premises parking.
- Joint Use of Parking Spaces (On-Site). Two (2) or more non-residential uses may jointly, having cooperatively entered into a recorded written agreement or contract to be in effect until the uses cease, provide and use parking spaces when their hours of operation do not overlap (meaning none of the uses sharing the facilities require the off-street parking facilities at the same time).
19. Lighting of property shall be screened to avoid adverse impact on adjacent residential uses or neighborhoods.
20. Landscaping shall be provided and maintained for the entire duration of the proposed use in accordance with the City of Laredo Land Development Code.
21. No hazardous materials shall be stored on site. Hazardous occupancy and the storage of hazardous materials shall be prohibited on the premises. The determination of hazardous occupancy or material shall be made by the Fire Chief as per the Laredo Land Development Code, Section 24.74.3(d). Hazardous materials shall be defined as stated in the City of Laredo Code of Ordinances, Section 33-20.
22. Fencing shall be provided in accordance with the City of Laredo Land Development Code, Section 24-79.
23. The establishment must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
24. Signage shall be consistent with the City's Sign Ordinance.
25. There shall be no ground vibrations created or sustained on the site which are perceptible without instruments at any pint on any property adjoining the subject property. The property owner must comply with all City Noise Ordinances and all nuisance provisions of the City of Laredo Code of Ordinances.
26. 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.
- The operation of any noise-producing equipment, machinery, or activities outside of an enclosed building is prohibited if it violates the City’s Noise Nuisance Ordinance or that, as determined by the City, unreasonably disturb the health and safety of occupants of adjoining or nearby residential properties.
- All equipment and activities must be operated/conducted in a manner that minimizes noise impacts to surrounding residential uses to the maximum extent practicable.
27. The proposed use shall not exceed the "Occupant Load" as set forth in the Certificate of Occupancy.
28. 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.
29. The proposed use shall undergo an annual Fire Inspection.
30. 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.
31. Owner shall comply with Building, Health, Safety, Fire, Environmental, and all applicable codes and regulations as required.
COMMITTEE RECOMMENDATION
The Planning & Zoning Commission in a ___ to ___ vote recommended ___ of the conditional use permit.
STAFF RECOMMENDATION
recommendation
IMPACT ANALYSIS
Is this change contrary to the established land use pattern?
Yes. The area is predominantly surrounded by residential uses to the north, west, and east of the site.
Would this change create an isolated zoning district unrelated to surrounding districts?
The zone will not change.
Will change adversely influence living conditions in the neighborhoods?
Possibly. The proposed zone change is anticipated to have a negative impact with the surrounding area or neighborhoods since the proposed site is abutting existing residential uses to the east.
Are there substantial reasons why the property cannot be used in accordance with existing zoning?
Yes. The existing zone does not allow for an auto body shop (collision center) as intended by the applicant.
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