Date:
    05/08/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-085
    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 56, 67, and 68, Eastern Division and those portions of Cedar Ave., Piedra China St., and Logan Ave. which were previous public right-of-ways, located at 301 Logan Ave.; providing for publication and effective date. (As amended) ZC-39f-2001
    Initiated by:
    Texas Mexican Railroad Company
    Staff source:
    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. This item was again tabled on 10/22/01. This item was introduced by John C. Galo at the City Council meeting of 04/15/02.
    BACKGROUND
    Council District: III - John C. Galo
    Proposed use: Industrial
    Site: The site is currently occupied by a warehouse.
    Surrounding land uses: North, northwest, and east of the site is land chiefly occupied by warehouses and outdoor truck parking. South of the site 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 Logan or Cedar Ave., or Piedra China St.
    Letters sent to surrounding property owners: 4 In Favor: 0 Opposed: 0
    STAFF COMMENTS
    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 RECOMMENDATION:
    Staff does not support the proposed zone change or a C.U.P.

    Staff Comments Continued...
    Although Staff does not support the proposed zone change or a Conditional Use Permit for this site, Council has requested that Staff develop Conditional Use Permit restriction recommendations. The following is a list of those recommendations:
    1. The C.U.P is restricted to the storage and handling of the polystyrene beads.
    2. The applicant shall provide a monitored, wet sprinkler system throughout the entire facility.
    3. All areas used by vehicles for access or maneuvering shall have a level paved surface.
    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.
    IMPACT ANALYSIS
    M-2 (Heavy Manufacturing District): The purpose of the M-2 Heavy Manufacturing District is to provide areas for manufacturing, processing, assembling, storing, testing and industrial uses which are extensive in character, and require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and which may by incompatible with less intensive uses by reason of traffic, noise, vibration, dust, glare, or emissions.
    Is this change contrary to the established land use pattern?
    Yes, the established land use pattern is light industrial warehousing.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    Yes, there are no surrounding M-2 zoning districts. The surrounding zoning district is M-1.
    Will change adversely influence living conditions in the neighborhood?
    Yes, the M-2 zoning designation would allow for hazardous materials and other uses incompatible with the surrounding neighborhood.
    Are there substantial reasons why the property can not be used in accord with existing zoning? The current zoning designation allows for sufficient uses that are compatible with the surrounding area.
     

CITY OF LAREDO ORDINANCE NO. 2002-O-085

WHEREAS, the owner of Blocks 56, 67, and 68, Eastern Division and those portions of Cedar Ave., Piedra China St., and Logan Ave. which were previous public right-of-ways, located at 301 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 56, 67, and 68, Eastern Division and those portions of Cedar Ave., Piedra China St., and Logan Ave. which were previous public right-of-ways, located at 301 Logan Ave.

Section 2: The Conditional 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