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SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-083
Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit for the storage and handling of hazardous materials on Blocks 14, 46, and 75, Eastern Division and those portions of Willow St. and Cedar Ave. which were previous public right-of-ways, located at 420 Logan Ave.; providing for publication and effective date. (As amended) ZC-40f-2001 |
Texas Mexican Railroad Company |
Keith Selman, Planning Director
Cynthia Collazo, Asst. City Manager |
Prior action: This item was tabled, time certain at the City Council meeting of 07/23/01. The item was again tabled, time certain at the meeting of 08/06/01 in order to give Staff the opportunity to develop Conditional Use Permit restriction recommendations. Staff's recommendations regarding the Conditional Use Permit were presented to Council on 08/27/01; at which time the item was tabled and scheduled for reintroduction at the meeting of 09/17/01. On 09/17/01, Council again tabled this item, time certain, till the October 22nd meeting. On 10/22/01, this item was tabled. This item was introduced by John C. Galo at the City Council meeting of 04/15/02. |
Council District: III - John C. Galo
Site: The site is currently occupied by a warehouse.
Surrounding land uses: The site is completely surrounded by warehouses and outdoor truck parking. Further south is the Texas Mexican Rail Yard and the Rio Grande River.
Comprehensive Plan: The Future Land Use Map recognizes this area as Warehouse/Light Industrial.
Transportation Plan: The Long Range Thoroughfare Plan does not recognize either Willow St. or Cedar Ave.
Letters sent to surrounding property owners: 3 In Favor: 0 Opposed: 0 |
The proposed zone change is not appropriate at this location. The Comprehensive Plan recognizes this area as Warehouse/Light Industrial and the surrounding zoning is entirely M-1 (Light Manufacturing District). There is no trend in this area towards the heavy industrial uses that would be allowed under an M-2 zoning designation. Furthermore, the more intensive M-2 designation is inappropriate at this location because of the site's proximity to both the Rio Grande River and nearby residential areas. Further still, any hazardous material transported to the area, proposed as M-2 zoning, would have to traverse the previously mentioned residential areas. (Comments continued...) |
P&Z COMMISSION RECOMMENDATION:
The P & Z Commission, in a 9 to 0 vote, recommended denial of the zone change. |
Staff does not support the proposed zone change or a C.U.P. |
CITY OF LAREDO ORDINANCE NO. 2002-O-083
AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY authorizing the issuance of a Conditional Use Permit for the storage and handling of hazardous materials on Blocks 14, 46, and 75, Eastern Division and those portions of Willow St. and Cedar Ave. which were previous public right-of-ways, located at 420 Logan Ave.; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. (AS AMENDED)
WHEREAS, the owner of Blocks 14, 46, and 75, Eastern Division and those portions of Willow St. and Cedar Ave. which were previous public right-of-ways, located at 420 Logan Ave., has requested a zone change from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing District); and,
WHEREAS, notice of the zone change was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the Planning and Zoning Commission on this matter; 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 June 7, 2001; and,
WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended denial of the proposed zone change; and,
WHEREAS, the City Council has held a public hearing on April 15, 2002 on the request and finds a Conditional Use Permit for the storage and handling of hazardous materials appropriate and consistent with the General Plan of the City of Laredo; and,
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 to authorize the issuance of a Conditional Use Permit for the storage and handling of hazardous materials on Blocks 14, 46, and 75, Eastern Division and those portions of Willow St. and Cedar Ave. which were previous public right-of-ways, located at 420 Logan Ave.
Section 2: The Conditional Use Permit is further restricted to the following provisions herewith adopted by the City Council:
1. The C.U.P is restricted to the storage and handling of the polystyrene beads.
2. The applicant shall have the existing wet sprinkler system monitored, and install water-flow alarms.
4. Gate arms shall be placed at the railroad crossing on Logan Ave.
5. All parking shall comply with the Laredo Land Development Code.
6. The applicant shall comply with all conditions imposed by the Conditional Use Permit within six months of approval date, providing for publication and effective date.
7. The Conditional Use Permit is granted to the Texas Mexican Railroad Company and is nontransferable.
8. The Conditional Use Permit is granted for a period of ten (10) years to expire on May 8th, 2012.
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