KLRU
Flouting City Ordinances
RECEIVED Fri., Dec. 29, 2006
Dear Editor,
The neighbors of Northcross have many reasons for opposing a Wal-Mart, but one stands out to me in terms of legal clarity. (Quick disclosure: I am a northwest Austin resident but not an immediate neighbor to Northcross. But my sister lives across the street, I grew up within walking distance, and my parents still live there.)
According to Doucet, the firm planning the proposed 24-hour Supercenter, the supply trucks will go along Northcross Drive, which is a residential street (with Chelsea Creekside Apartments), and the trucks will run 24 hours a day.
This proposed truck route flouts the following city ordinances: "9-2-3 GENERAL RESTRICTIONS: A person may not: (1) make noise or use sound equipment in public between 10:30 p.m. and 7:00 a.m; (3) make noise or play a musical instrument audible to an adjacent business or residence between 10:30 p.m. and 7:00 a.m; (5) operate sound equipment in a vehicle audible or causing a vibration 30 feet from the equipment. 9-2-4 RESTRICTION ON DECIBEL LEVEL; 9-2-5 RESTRICTION ON USE OF SOUND EQUIPMENT IN A RESIDENTIAL AREA; 25-3-86 COMPATIBILITY STANDARDS: (B) The noise level of mechanical equipment may not exceed 70 decibels at the property line. 25-5-145 EVALUATION OF CONDITIONAL USE SITE PLAN: (B) A conditional use site plan must: (5) reasonably protect persons and property from erosion, flood, fire, noise, glare, and similar adverse effects." The latter would appear to invalidate the entire existing building/lease agreement.
Why doesn't Wal-Mart relocate its proposal near my neighborhood instead, specifically to the former Home Depot on Great Hills Trail? Much better location.
The neighbors of Northcross have many reasons for opposing a Wal-Mart, but one stands out to me in terms of legal clarity. (Quick disclosure: I am a northwest Austin resident but not an immediate neighbor to Northcross. But my sister lives across the street, I grew up within walking distance, and my parents still live there.)
According to Doucet, the firm planning the proposed 24-hour Supercenter, the supply trucks will go along Northcross Drive, which is a residential street (with Chelsea Creekside Apartments), and the trucks will run 24 hours a day.
This proposed truck route flouts the following city ordinances: "9-2-3 GENERAL RESTRICTIONS: A person may not: (1) make noise or use sound equipment in public between 10:30 p.m. and 7:00 a.m; (3) make noise or play a musical instrument audible to an adjacent business or residence between 10:30 p.m. and 7:00 a.m; (5) operate sound equipment in a vehicle audible or causing a vibration 30 feet from the equipment. 9-2-4 RESTRICTION ON DECIBEL LEVEL; 9-2-5 RESTRICTION ON USE OF SOUND EQUIPMENT IN A RESIDENTIAL AREA; 25-3-86 COMPATIBILITY STANDARDS: (B) The noise level of mechanical equipment may not exceed 70 decibels at the property line. 25-5-145 EVALUATION OF CONDITIONAL USE SITE PLAN: (B) A conditional use site plan must: (5) reasonably protect persons and property from erosion, flood, fire, noise, glare, and similar adverse effects." The latter would appear to invalidate the entire existing building/lease agreement.
Why doesn't Wal-Mart relocate its proposal near my neighborhood instead, specifically to the former Home Depot on Great Hills Trail? Much better location.
Will Cain
