O-2005-1501-OOOO Passed/truck stops

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REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27. 2005 Requested By: Wayne N / Department: Planning: Appropriation Source of Funds: N/A Account Number: N/A Report: Resolution: Ordinance: -X- Amount Budgeted: N/A Exhibits: Amount Requested: N/A P & Z Staff Report Ordinance Amended Industrial Tables Budgeted Item: N/A SUMMARY & RECOMMENDATION City Council, at the May 23, 2005, meeting, held a public hearing to receive citizen comments regarding zoning ordinance amendments permitting truck stops in the Business Industrial (BI) zone. The action on the matter was tabled. Council asked the staff to identify the zoning status and the use of existing truck stop at the intersection of West Barbour's Cut Boulevard and the State Highway 146. The current truck stop falls into a pre-existing use. The original use pre-dated the current zoning ordinance and the use was transferred to the new facility after the freeway expansion. The current development never obtained a Special Conditional Use Permit (SCUP) as would be required under the current regulations. The present facility would be classified as a truck stop under the proposed definitions. The term "truck stop" is in itself defining. Generally and per the usual definitions, a truck stop is an establishment that sells fuel for trucks and usually maintains a restaurant, rest facilities, and other amenities for truck drivers. The Planning and Zoning Commission, at the April 21, 2005, meeting, held a public hearing to consider the proposed amendments related to truck stops. After a careful consideration forwarded their official position for action by Council to deny the recommended changes to Chapter 106 (Zoning). The Commission wished to express that it is very concerned about protecting the residential areas such as south of Barbour's Cut Boulevard and preserve the quality of life issues by examining issues like air pollution, excessive noise, light, and devaluation of residential property. Given the economic challenges to development posed by in-fill lots and to increase sales tax from commercial retail establishments, staff suggested that truck stops should be permitted in the Business Industrial (BI) zoning districts along truck routes. To further protect residential areas, staff recommended only Barbour's Cut Boulevard and State Highway 146 North. In addition, truck stops would adhere to the minimum setbacks established for this zone with heavy landscaping, screening, and no overnight facilities allowed on the premises if adjacent to residential districts. In addition, the La Porte Community Civic Club and residents of the Northside Neighborhood have voiced in favor of the proposed development in their district. Action Required bv Council: 1. Consider and take action to approve or deny an ordinance amending Chapter 106 (Zoning) to amend, change or modify conditions to allow truck stops in a Business Industrial (BI) zone. The Planning and Zoning Commission recommended denial. To overturn the recommendation would require a % vote or 7 of 9 members. Ann roved for City Council Ae:enda ch::1 ft~ Da~ I