Date:
    12/02/02
    SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-297
    Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a Conditional Use Permit to Templo Rosa De Saron, Pastor Hector Patino for the communication tower in place on Block 719, Western Division, located at the 3300 block of Anna Ave.; providing for publication and effective date. (As amended) Zc-76-2002
    Initiated by:
    Templo Rosa De Saron, Pastor Hector Patino
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: On 11/13/84, City Council accepted the recommendation of both Staff and the Planning and Zoning Commission and approved the applicant's request to change the zoning designation of this site to R-3. That R-3 request originated as a result of the applicant's desire to locate a mobile home on site within which the applicant and the applicant's family would live during the construction of the church. This item was introduced by Jose A. Valdez, Jr. at the City Council meeting of 11/18/02.
    BACKGROUND
    Council District: VIII - Juan Ramirez
    Proposed use: A church and a radio antenna.
    Site: The site is currently occupied by a church and a radio antenna.
    Note: According to the applicant, the tower measures exactly 185 feet and was built approximately seven (7) years ago without a building permit. The tower transmits a mix of Pastor Patino's sermons, Christian type music, and public service announcements. Approximately six months ago, a citation was issued which specified the tower's violation of the existing R-3 zoning. The case was subsequently heard by municipal court and resulted in a judgment instructing the applicant to apply for a zone change or remove the tower.
    Surrounding land uses: The site is completely surrounded by vacant and residential type uses with the exception of the Rio Grande river.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan identifies Anna Ave. at this location as a Minor Arterial and a Truck Route.
    Letters sent to surrounding property owners: 11 In Favor: 0 Opposed: 2
    STAFF COMMENTS
    The proposed zone change is inappropriate at this location. Although there are large tracts of land both north and south of the site zoned M-1, the Future Land Use Map recognizes this entire area as Low Density Residential and the established land use pattern is predominately residential.
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 8 to 0 vote, recommended denial of the zone change and approval of a Conditional Use Permit.
    STAFF RECOMMENDATION:
    Staff does not support the proposed zone change, but supports a Conditional Use Permit.

    Staff's Comments Continued:
    Both Staff and the Planning and Zoning Commission support the issuance of a Conditional Use Permit for a radio tower subject to the following conditions:
    1. The height of the tower and antenna shall be reduced to and are not to exceed 150 feet.
    2. The applicant shall provide liability insurance covering unforeseen damages to adjacent properties
    3. The existing tower's construction must be sealed by a safety engineer.
    4. The applicant must provide a safety inspection report every two years during the entire duration of the Conditional Use Permit.
    5. The Conditional Use Permit is issued to Templo Rosa De Saron, Pastor Hector Patino and is nontransferable.
    6. The applicant will provide evidence of compliance with all applicable licensing and permit requirements by the F.A.A. and F.C.C. on an annual basis.
    7. No additional antennas shall be permitted on the tower.
    IMPACT ANALYSIS
    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?
    Yes, other than vacant areas, the predominant land use is residential.
    Would this change create an isolated zoning district unrelated to surrounding districts?
    No, the surrounding zoning districts are M-1, R-3 and AG.
    Will change adversely influence living conditions in the neighborhood?
    Although there are large tracts of land both north and south of the site zoned M-1, these area have not developed industrially and therefore, the predominate land use which is residential could be negatively impacted by this change.
    Are there substantial reasons why the property can not be used in accord with existing zoning? No, the current zoning allows for residential uses.

CITY OF LAREDO ORDINANCE NO. 2002-O-297

WHEREAS, a zone change has been requested by the owners of All of Block 719, Western Division, located at the 3300 block of Anna Ave., from R-3 (Mixed Residential District) to M-1 (Light 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 October 17, 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; 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 November 18, 2002, on the request and finds the Conditional Use Permit 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,

WHEREAS, all uses not specifically identified by this ordinance shall be prohibited other than those uses customarily allowed by the underlying zoning designation; 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,

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 to Templo Rosa De Saron, Pastor Hector Patino for the communication tower in place on Block 719, Western Division, located at the 3300 block of Anna Ave.

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