Date:
    03/03/03
    SUBJECT: FINAL READING OF ORDINANCE NO. 2003-O-052
    Amending Ordinance No. 2000-O-012 authorizing the issuance of a Conditional Use Permit to Ricardo Paredes for a welding shop on Lot 1, Block 22, Moreno Addition, located at 1417 Harding Avenue, by renewing the terms of the Conditional Use Permit; providing for publication and effective date. (As amended) ZC-95-2002
    Initiated by:
    Ricardo Paredes
    Staff source:
    Keith Selman, Planning Director
    Cynthia Collazo, Asst. City Manager
    Prior action: Since June of 1999, the applicant has initiated two zone change requests (M-1 & B-4) and a Conditional Use Permit request for a welding shop. Staff supported neither of the zone change requests nor the permit request. On 06/17/99, the Commission recommended denial of the proposed M-1 zone change which was later denied by Council. On 12/02/99, the Commission also recommended denial of a B-4 zone change, but recommended approval of a Conditional Use Permit for a welding shop. Though Council denied the B-4 zone change, the welding shop permit was approved. (see page 2 for a listing of the originally approved permit conditions) This item was introduced by Hector J. Garcia at the City Council meeting of 02/18/03.
    BACKGROUND
    Council District: II - Hector J. Garcia
    Proposed use: A residence and a welding shop.
    Site: The site is currently occupied by a single family residence and a welding shop.
    Surrounding land uses: With the exception of the railroad tracks to the north and the Niños Alegres Headstart facility to the south, the site is almost uniformly surrounded by mixed residential type uses.
    Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.
    Transportation Plan: The Long Range Thoroughfare Plan does not identify Harding Ave.
    Letters sent to surrounding property owners: 31 In Favor: 2 Opposed: 0
    STAFF COMMENTS
    Staff does not support the proposed renewal of this Conditional Use Permit. Though the applicant has initiated the renewal of his permit in a timely manner, he has failed to comply with the original conditions of permit, specifically conditions numbered 3 and 6. The structure in which the welding activity occurs is not "within a enclosed structure that provides shielding of sparks and welding light from public view." Furthermore, though the applicant has made an attempt at compliance with the required fencing condition, the fence constructed is comprised of sheet metal and is specifically prohibited by the Land Development Code.
    P&Z COMMISSION RECOMMENDATION:
    The P & Z Commission, in a 6 to 0 vote, recommended denial of the proposed zone change.
    STAFF RECOMMENDATION:
    Staff does not support the proposed Conditional Use Permit renewal.

    Conditions of the original conditional use permit:
    1) Parking of vehicles will be restricted to the site. No parking will be allowed on the public right of way adjacent to the site.
    2) The Conditional Use Permit will be issued for a period not to exceed three years.
    3) The welding shall be done within an enclosed structure that provides shielding of sparks and welding light from public view.
    4) The hours of the welding shop activity shall be restricted to 8 a.m. to 6 p.m. on weekdays and Saturdays.
    5) No recharging of welding tanks shall be permitted at this site.

6) Provide a seven (7) ft. opaque wall from the residence to the rear of the property on all sides.

CITY OF LAREDO ORDINANCE NO. 2003-O-052

WHEREAS, the applicant has requested the amendment of Ordinance No. 2000-O-012 authorizing the issuance of a Conditional Use Permit to Ricardo Paredes for a welding shop on Lot 1, Block 22, Moreno Addition, located at 1417 Harding Avenue, by renewing the terms of the Conditional Use Permit; 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 January 23, 2003; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended denial of the proposed Conditional Use Permit amendment; and,

WHEREAS, notice of the amendment 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 February 18, 2003, on the request and finds the proposed amendment appropriate and consistent with the General Plan of the City of Laredo.

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 permit may commence.

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 amending Ordinance No. 2000-O-012 authorizing the issuance of a Conditional Use Permit to Ricardo Paredes for a welding shop on Lot 1, Block 22, Moreno Addition, located at 1417 Harding Avenue, by renewing the terms of the Conditional Use Permit.

Section 2: The Conditional Use Permit is further restricted to the following provisions herewith adopted by the City Council:

1) Parking of vehicles will be restricted to the site. No parking will be allowed on the public right of way adjacent to the site.

2) The Conditional Use Permit will be issued for a period not to exceed five years.

3) The welding shall be done within an enclosed structure that provides shielding of sparks and welding light from public view.

4) The hours of the welding shop activity shall be restricted to 8 a.m. to 6 p.m. on weekdays and Saturdays.

5) No recharging of welding tanks shall be permitted at this site.

6) Provide a seven (7) ft. opaque wall from the residence to the rear of the property on all sides.

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 _________________, 2003.

_______________________

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