DATE:
    03/03/03
     
    SUBJECT: FINAL READING OF ORDINANCE NO. 2003-O-047

Amending the Contents of Section 24-63.2, Section 24-65.14, and Appendix A, of the Laredo Land Development Code, in order to establish regulations and performance standards governing amusement redemption machine establishments; providing for publication and effective date. LLDC(I)c-01-2003

    INITIATED BY:
    Staff
    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 02/18/03.
    STAFF COMMENTS
    Proposed revisions to the City of Laredo Land Development Code:
    1. Section 24.63.2 Permitted Land Uses
    Cites amusement redemption machine establishments as a use by right in the B-4, M-1, M-2, MXD zoning designations.
    2. Section 24-65.14
    Institutes regulations and performance standards for amusement redemption machine establishments as follows: (Note: Refer to the following page for bolded items which the Commission has recommended be deleted from this ordinance.)
    An Amusement Redemption Machine Establishment, as defined in Appendix A, shall be permitted providing the proposed establishment meets the following requirements:
    It shall not be located within one thousand (1000) feet of a church, a public or private elementary or secondary school, a public or private park, or another amusement redemption machine facility.
    It shall not be located within two hundred (200) feet of any residential structure or the boundary of any district zoned AG, R-S, R-1, R-1A, R-1-MH, RSM, R-2, or R-3.
    For the purposes of subsections (a) and (b), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of the proposed amusement redemption machine establishment to the nearest property line of the premises of a church, public or private elementary or secondary school, public or private park, another amusement redemption machine facility, any residential structure, or the boundary of any district zoned AG, R-S, R-1, R-1A, R-1-MH, RSM, R-2, or R-3.
      (comments continued)
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 7 to 0 vote, recommended approval of the ordinance amendment with two revisions.
    STAFF RECOMMENDATION:
    Staff supports the proposed amendment.

    Section 24-65.14 continued: (Note: Bolded items are those which the Commission recommended be deleted.)
    It shall operate only between the hours of 8:00 a.m. to 2:00 a.m.
    It shall prominently post signs reading as follows:
    "If you or anyone you know has a gambling problem, call 1-800-742-0443. Si usted o alguien que usted conoce tiene un problema de adicción al juego, llame al 1-800-742-0443"; and,
    "Gaming by persons under the age of eighteen (18) is strictly prohibited. El juego es estrictamente prohibido para menores de dieciocho años de edad."
    Amusement redemption machine establishments shall be restricted to the permitted sign dimensions prescribed for B-1 zoned properties.
    The Board of Adjustment shall have no authority to grant any variance to any requirement regarding amusement redemption machine establishments as stated in Laredo Land Development Code Section 24.65.14.16.
    3. Appendix A
    Creates definitions for amusement redemption machine, amusement redemption machine establishment, coin operated machine, and representation of value.

    CITY OF LAREDO ORDINANCE NO. 2003-O-047

    WHEREAS, the Laredo Land Development Code does not currently provide guidelines regarding amusement redemption machine establishments; and,

    WHEREAS, the inclusion of such regulations has been deemed necessary and appropriate; and,

    WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the ordinance; and,

    WHEREAS, notice of the ordinance 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 February 18, 2003, and found the proposed ordinance appropriate and consistent with the General Plan of the City of Laredo.

    NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

    Section 1: Section 24.63.2 of the Laredo Land Development Code is hereby amended to read as follows:

                     (Attach Laredo Land Development Code Land Uses Chart Here)

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Section 2: Section 24-65.14 of the Laredo Land Development Code is hereby amended as follows:

    Section 3: Appendix A of the Laredo Land Development Code is hereby amended such that the following definitions are added:

    Section 4: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

    Section 5: This ordinance shall become effective as and from the date of publication specified in Section 4.

    Section 6: Severability

    If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of another portion hereof, and all provisions of this ordinance are declared to be severable for that purpose.

    Section 7: Open Meetings

    The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city hall of the City for the time required by law preceding this meeting, as required by the Open Meeting Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter approves and confirms such written notice and the contents and posting hereof.

    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