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SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-058
Amending Ordinance No. 95-O-100 authorizing the issuance of a Conditional Use Permit for a concrete batch plant on 5.00 acres, as further described by metes and bounds in attached Exhibit "A", located on the west side of Hwy. 83 and north of Masterson Rd., by renewing the term of the Conditional Use Permit until April 15th, 2004; providing for publication and effective date. (As amended) ZC-09-2002 |
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Keith Selman, Planning Director
Cynthia Collazo, Asst. City Manager |
Prior action: On April 24th, 1995, ordinance no. 95-O-100 authorized the issuance of the original Conditional Use Permit to expire in four years. On October 26th, 1998, ordinance no. 98-O-254 amended the original ordinance by renewing it for two years, which would cause it's expiration on April 15, 2000. Ordinance no. 2000-O-011, approved on January 17, 2000, once again renewed the permit for another two years, which would cause the permit to expire on April 15, 2002. This item was introduced by John Galo at the City Council meeting of 03/25/02. |
Council District: III - John Galo
Proposed use: Concrete batch plant
Site: The site is currently occupied by a concrete batch plant.
Surrounding land uses: North of the site is Hellums Services Inc., Mobile Home Express., and Closner Construction Company. East of the site is Hwy. 83. Farther east of the site is vacant undeveloped land. South of the site is Villa Bonita Mobile Home Sales. West of the site is undeveloped.
Comprehensive Plan: The Future Land Use Map recognizes this area as Retail/Office.
Transportation Plan: The Long Range Thoroughfare Plan identifies Hwy. 83 as a Major Arterial and a Truck Route.
Letters sent to surrounding property owners: 2 In Favor: 0 Opposed: 0 |
The proposed Conditional Use Permit renewal is inappropriate. The Comprehensive Plan recognizes this area as Retail/Office and there are several large residential areas in the vicinity, including the Riverhill, Santa Fe, Los Angeles, El Eden, Lamrick, and Los Obispos Subdivisions.
B-3 (Community Business District): The purpose of the B-3 District is to provide for those businesses and services serving a trade area larger than a neighborhood, but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets. |
P&Z COMMISSION RECOMMENDATION:
The P & Z Commission, in a 4 to 3 vote, recommended denial of the proposed renewal. |
Staff does not support the proposed zone Conditional Use Permit renewal. |
M-1 (Light Manufacturing District): The purpose of the M-1 is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare. Research activities are encouraged. This district is further designed to act as a transitional use between heavy industrial uses and other less intense and residential uses.
Is this change contrary to the established land use pattern?
The established land use pattern is a mixture of industrial and residential uses.
Would this change create an isolated zoning district unrelated to surrounding districts?
Yes, the site is surrounded by agriculturally zoned areas.
Will change adversely influence living conditions in the neighborhood?
Although there are some scattered dwellings, an industrial use is more appropriate at this location.
Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing zoning allows for sufficient uses that are compatible with the surrounding area.
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CITY OF LAREDO ORDINANCE NO. 2002-O-058
Amending Ordinance No. 95-O-100 authorizing the issuance of a Conditional Use Permit for a concrete batch plant on 5.00 acres, as further described by metes and bounds in attached Exhibit "A", located on the west side of Hwy. 83 and north of Masterson Rd., by renewing the term of the CONDITIONAL USE pERMIT until April 15th, 2004; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. (AS AMENDED)
WHEREAS, the owner of 5.00 acres, as further described by metes and bounds in attached Exhibit "A", located on the west side of Hwy. 83 and north of Masterson Rd. has requested a renewal of Ordinance No. 95-O-100, originally granted in 1995 and since renewed in 1998 and 2000, authorizing the issuance of a Conditional Use Permit for a concrete batch plant; and,
WHEREAS, the Conditional Use Permit is to expire on April 15, 2002 and the owner is requesting a three year renewal of the Conditional Use Permit to expire on April 15, 2005; 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 February 21, 2002; and,
WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended denial of the renewal of the Conditional Use Permit; and,
WHEREAS, the City Council has held a public hearing on March 25, 2002, on the request and finds a two year renewal of the Conditional Use Permit appropriate and consistent with the General Plan of the City of Laredo.
WHEREAS, all conditions imposed by the Conditional Use Permit shall be met before the activity sanctioned by the Conditional 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: Ordinance No. 95-O-100, a Conditional Use Permit for a concrete batch plant on 5.00 acres, as further described by metes and bounds in attached Exhibit "A", located on the west side of Hwy. 83 and north of Masterson Rd., is hereby amended to authorize a renewal of the term of the Conditional Use Permit, for two years, until April 15, 2004.
Section 2: The Conditional Use Permit shall be issued to Laredo Ready Mix, and is nontransferable.
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.
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ELIZABETH G. FLORES
MAYOR
ATTEST:
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GUSTAVO GUEVARA, JR.
CITY SECRETARY
APPROVED AS TO FORM:
JAIME FLORES
CITY ATTORNEY
___________________________
BY: ALLAN W. MCGRAW
ASSISTANT CITY ATTORNEY