Date:
    08/19/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-189
    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 used batteries on 2.5537 acres, known as the Tex West Plat, located at 1830 Tex-Mex Dr.; providing for publication and effective date. (As Amended) ZC-35-2002
    Initiated by:
    Mone Forwarding, L.C.
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: This item was introduced by Hector J. Garcia at the City Council meeting of 08/05/02.
    BACKGROUND
    Council District: II - Hector J. Garcia
    Proposed use: The storage and handling of used batteries.
    Site: The site is currently occupied by a warehouse.
    Surrounding land uses: North of the site is the Laredo Candle Company warehouse and east of the site is the J.O. Alvarez #2 warehouse complex. South and west of the site is a large vacant and undeveloped area with a creek further to the southwest.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Warehouse/Light Industrial.
    Transportation Plan: The Long Range Thoroughfare Plan does not recognize Tex-Mex Dr.
    Letters sent to surrounding property owners: 4 In Favor: 0 Opposed: 1
    STAFF COMMENTS
    The proposed zone change is inappropriate at this location. The Comprehensive Plan recognizes this area as Warehouse/Light Industrial and M-2 designation is inappropriate at this location because of the site's proximity to both a creek and nearby future public spaces. The change would also create an isolated zoning district. Though Staff does not support the issuance of a Conditional Use Permit for a tire sales and repair business, if that should be the will of Council, the Planning and Zoning Commission & Staff recommend the following conditions which have been agreed to by the applicant:
    1. All batteries shall arrive loaded on an enclosed trailer and leave the same day, as practical.
    2. The permit is granted for a period of two years.
    (comments continued)
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 6 to 3 vote, recommended denial of the zone change and approval of a Conditional Use Permit.
    STAFF RECOMMENDATION:
    Staff does not support the proposed zone change or a Conditional Use Permit.

CITY OF LAREDO ORDINANCE NO. 2002-O-189

WHEREAS, a zone change has been requested by the owners of 2.5537 acres, known as the Tex West Plat, located at 1830 Tex-Mex Dr., from M-1 (Light Manufacturing District) to M-2 (Heavy Manufacturing District); 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 20, 2002; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended denial of the proposed zone change and approval of a Conditional Use Permit with conditions; and,

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on August 5, 2002, on the request and finds the Conditional Use Permit appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, all conditions imposed by the Conditional Use Permit shall be met before the activity sanctioned by the Conditional Use Permit may commence; 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 by authorizing the issuance of a Conditional Use Permit for the storage and handling of used batteries on 2.5537 acres, known as the Tex West Plat, located at 1830 Tex-Mex Dr.

Section 2: This Ordinance 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