Date:
    01/14/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-006
    Authorizing the issuance of a Special Use Permit to Libcon, Inc. for an above ground fuel storage tank on Lot 5, Block 10, Interamerica Distribution Park, Phase 5, located at 8016 Killam Industrial Blvd.; providing for publication and effective date. ZC-90-2001
    Initiated by:
    Libcon, Inc.
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by Jose A. Valdez, Jr. at the City Council meeting of 12/17/01.
    BACKGROUND
    Council District: VII - Jose A. Valdez, Jr.
    Proposed use: The applicant seeks approval of a 16,000 gallon (double chambered) STI-F921 double walled skid tank that will contain both gas and diesel fuel.
    Site: The site is currently occupied by the initial construction related to the business that will utilize the requested above ground fuel storage tank.
    Surrounding land uses: The areas east and west of the site are vacant with the exception of the City water storage tank to the east. Roadway Express is located to the south, while CFI and a predominantly single family residential area is to the north.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Warehouse/Light Industrial.
    Transportation Plan: The Long Range Thoroughfare Plan identifies Killam Industrial Blvd. as a Minor Arterial.
    Letters sent to surrounding property owners: 6 In Favor: 2 Opposed: 0
    STAFF COMMENTS
    Staff supports the proposed Special Use Permit as the proposed tank has been approved by the Fire Department and will be centrally located within the property itself, thus minimizing exposure to neighboring properties should a leak or accident occur. Staff will support the proposed Special Use Permit ONLY if the tank pad is constructed such that it can contain a full release of the proposed tank's largest compartment.
    A Special Use Permit is used for those type uses that warrant individual attention on a case by case basis and should not be categorized into a specific zoning district. A Special Use Permit is basically an overlay on top of the existing zoning designation and can be limited in many respects such as time, fencing, setbacks, landscaping, etc. The present zoning district is M-1 (Light Manufacturing District).
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 9 to 0 vote, recommended approval of the proposed Special Use Permit.
    STAFF RECOMMENDATION:
    Staff supports the proposed Special Use Permit if the proposed condition is met.

    IMPACT ANALYSIS
    A Special Use Permit is used for those type uses that warrant individual attention on a case by case basis and should not be categorized into a specific zoning district. A Special Use Permit is basically an overlay on top of the existing zoning designation and can be limited in many respects such as time, fencing, setbacks, landscaping, etc.
    Is this change contrary to the established land use pattern?
    N/A
    Would this change create an isolated zoning district unrelated to surrounding districts?
    N/A
    Will change adversely influence living conditions in the neighborhood?
    N/A
    Are there substantial reasons why the property can not be used in accord with existing zoning? N/A

CITY OF LAREDO ORDINANCE NO. 2002-O-006

WHEREAS, a Special Use Permit is a prerequisite to the installation of an above ground fuel storage tank; and,

WHEREAS, the owner of Lot 5, Block 10, Interamerica Distribution Park, Phase 5, located at 8016 Killam Industrial Blvd., has requested a Special Use Permit for an above ground fuel storage tank; 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 November 15, 2001; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the proposed Special Use Permit; and,

WHEREAS, notice of the Special Use Permit request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council; and,

WHEREAS, the City Council has held a public hearing on December 17, 2001, on the request and finds the proposed Special Use Permit appropriate and consistent with the General Plan of the City of Laredo.

WHEREAS, all conditions imposed by the Special Use Permit shall be met before the activity sanctioned by the Special Use Permit may commence.

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 Special Use Permit to Libcon, Inc. for an above ground fuel storage tank on Lot 5, Block 10, Interamerica Distribution Park, Phase 5, located at 8016 Killam Industrial Blvd.

Section 2: The Special Use Permit shall require that the tank pad is constructed such that it can contain a full release of the proposed tank's largest compartment.

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 _________________, 2002.

________________________

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