Date:
    03/11/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-042
    Authorizing the issuance of a Special Use Permit to Harry E. Sames, III for an above ground fuel storage tank on Lot 1, Block 1, TXDOT-IH 35 Subdivision, Phase I, located at 6105 San Dario Ave.; providing for publication and effective date. ZC-01-2002
    Initiated by:
    Harry E. Sames III
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by Eliseo Valdez, Jr. at the City Council meeting of 02/25/02.
    BACKGROUND
    Council District: V - Eliseo Valdez, Jr.
    Proposed use: The applicant seeks approval of a 6,000 gallon U.L. 142 double-walled skid tank that will contain gasoline.
    Site: The site is currently occupied by the Sames car dealership.
    Surrounding land uses: The area to the north and south of the site is also occupied by the Sames auto dealership. East of the site is Interstate Hwy. 35, and to the west are Lack's , Lowes, and Doctor's Hospital.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office.
    Transportation Plan: The Long Range Thoroughfare Plan identifies San Dario as a Truck Route.
    Letters sent to surrounding property owners: 6 In Favor: Opposed: 1
    STAFF COMMENTS
    Although the tank has been approved by City of Laredo Fire Department, Staff will support the proposed Special Use Permit ONLY if the following conditions are met:
    1. The tank pad is constructed such that it can contain a complete release of the tank's contents.
    2. The pump and tank are secured such that the perimeter fencing adequately prevents accidental tank-vehicle collision. (Staff recommends a Ballard type system.)
    3. The S.U.P. shall be restricted to the site plan in attached exhibit "A".
    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 8 to 0 vote, recommended approval of the proposed Special Use Permit.
    STAFF RECOMMENDATION:
    Staff supports the proposed Special Use Permit if the proposed conditions are 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-042

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

WHEREAS, the owner of Lot 1, Block 1, TXDOT-IH 35 Subdivision, Phase I, located at 6105 San Dario Ave., 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 January 17, 2002; 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 February 25, 2002, 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.

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and

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 Harry E. Sames, III for an above ground fuel storage tank on Lot 1, Block 1, TXDOT-IH 35 Subdivision, Phase I, located at 6105 San Dario Ave.

Section 2: The Special Use Permit is further restricted to the following provisions herewith adopted by the City Council:

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