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| ACTION PROPOSED: Approval of the amendment to sections of the of the Laredo Land Development Code pertaining to Permitted Land Uses, specifically Section 24.63.2 and Appendix A, Definitions. | ||
Currently the Laredo Land Development Code only identifies Adult Amusement Services (Outdoors) as an allowable land use in a more intensive B-4 (Highway Commercial District) zone. This ordinance will allow outdoor establishments in a less intensive B-3 (Community Business District) zone with certain restrictions in order to protect the surrounding residential areas. This type of use will allow activities such as birthday parties, splash parties, anniversaries and other family gatherings to take place in the above mentioned zoning district. The purpose of a B-3 (Community Business District) zone 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 principle arterial streets, as classified in the Transportation Plan of the City of Laredo. | ||
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CITY OF LAREDO ORDINANCE NO. 2002-O-226
AMENDING SECTION 24.63.2, PERMITTED LAND USES OF THE
LAREDO LAND DEVELOPMENT CODE TO DESIGNATE CHILDREN'S
AMUSEMENT SERVICES (OUTDOORS) AS AN ALLOWABLE LAND
USE IN A B-3 (COMMUNITY BUSINESS DISTRICT), B-4 (HIGHWAY
COMMERCIAL DISTRICT), M-1 (LIGHT MANUFACTURING DISTRICT),
AND MXD (MIXED USE DEVELOPMENT DISTRICT); AND APPENDIX
A, DEFINITIONS; AND PROVIDING FOR PUBLICATION AND EFFECTIVE
DATE. (AS AMENDED)
WHEREAS, The Laredo Land Development Code regulates land uses within the corporate limits of the City of Laredo; and,
WHEREAS, Section 24.63.2 of the Laredo Land Development Code "Land Use Chart" does not identify Children's Amusement Services (Outdoors); and,
WHEREAS, Appendix A of the Laredo Land Development Code does not define Children's Amusement Services (Outdoors); and,
WHEREAS, this ordinance will allow outdoor establishments in a less intensive zoning district with certain restrictions in order to protect the surrounding residential areas; and,
WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the ordinance; and,
WHEREAS, notice of the ordinance 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 September 3, 2002, on the request and finds the ordinance appropriate and consistent with the General Plan of the City of Laredo.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1. Section 24.63.2 of the Laredo Land Development Code "Land Use Charts" is hereby amended to read as follows:
Section 2. Appendix A, Definitions is hereby amended to read as follows:
Children's Amusement Services (Outdoors) - an establishment which provides a service that is oriented towards the amusement of children. The establishment will prohibit the possession and or consumption of alcoholic beverages on its premises. Noise levels shall remain under 70 decibels to be measured no more than eight (8) feet and no less than four (4) feet from the sound source. It will only operate from 8:00 a.m. - 11:00 p.m. Lighting shall be directed away from adjacent properties. Fencing shall be a masonry wall no less than seven (7) feet tall for areas adjacent to residential uses or residential district.
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.
Section 5. Severability
If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of another portion hereof, and all provisions of this ordinance are declared to be severable for that purpose.
Section 6. Open Meetings
The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city hall of the City for the time required by law preceding this meeting, as required by the Texas Open Meetings Act, Texas Government Code Annotated Chapter 551; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter approves and confirms such written notice and the contents and posting hereof.
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