SUBJECT
title
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).
Surrounding Land Uses: To the north of the site is To the east of the site is. To the south of the site is. To the west of the site is.
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 for the following reasons:
1. The Conditional Use Permit (CUP) overlay provides an opportunity to regulate the use through enforceable conditions that ensure compatibility between the proposed use and surrounding residential neighborhoods.
2. Although, staff does not typically support this type of business in a residential area, the business is a long-standing use at the proposed site and has been in existence since the 1990s.
If approved, Staff suggests the following conditions
1. The C.U.P. 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. The establishment shall follow proper protocols in handling and disposing of hazardous waste. There shall be no outdoor dumping of materials or hazardous waste.
5. The establishment shall store automotive fuel, lubricant and fluids, materials, equipment, and auto parts in proper storage areas within the property. Storage outside the property boundaries is prohibited.
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 an 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. 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.
15. All loading and unloading of shipments or deliveries shall occur within property boundaries and shall not occur in the public right-of-way.
16. On-Site parking shall be provided in accordance with the City of Laredo Land Development Code Section 24-78.3
17. 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).
18. Lighting of property shall be screened to avoid adverse impact on adjacent residential uses or neighborhoods.
19. Landscaping shall be provided and maintained for the entire duration of the proposed use in accordance with the City of Laredo Land Development Code.
20. 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.
21. 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 complexes, residential condominiums or residential townhomes shall be similarly screened irrespective of which zoning district they occur in.
22. The establishment must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
23. Signage shall be consistent with the City's Sign Ordinance.
24. 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.
25. 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.
26. The proposed use shall not exceed the "Occupant Load" as set forth in the Certificate of Occupancy.
27. 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.
28. The proposed use shall undergo an annual Fire Inspection.
29. 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.
30. Owner shall comply with Building, Health, Safety, Fire, Environmental, and all applicable codes and regulations as required.
Notice to the owner/applicant:
1. Staff would consider a conditional use permit at this location for the proposed use.
2. The approval of the zone change does not guarantee the issuance of the building permit and requires full compliance with all applicable municipal codes and regulations.
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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