2011-04-11 Regular Meeting of the La Porte City Council

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purpose of developing a container /chassis yard at 901 North Broadway, in a planned unit development zoning district (Ord. 3333) — T. Tietjens The public hearing was opened at 6:24 p.m. Planning Director Tim Tietjens presented a summary. Phillip Hoot, 927 Seabreeze, spoke in favor of the recommendation forwarded by the Planning and Zoning Commission. Brian Boomer, applicant, of La Porte Real Property, spoke in favor of the ordinance being passed but with a compromise from what was originally requested and what the P &Z has recommended. He stated there will be no buildings on the property, and it is being used for storage only. The compromise contemplates stacking four containers high on that portion of the property originally zoned HI — heavy industrial, and two containers high on the property originally zoned LI — Tight industrial. Planning Director Tietjens advised the Planning and Zoning Commission sends forward a positive recommendation to approve the SCUP as presented. Public Hearing closed at 6:39 p.m. City Attorney Knox Askins read the caption of Ordinance 3332, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 11- 91000003 FOR THAT CERTAIN PARCEL OF LAND HERIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING A CONTAINER /CHASSIS YARD AT 901 NORTH BROADWAY, IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Leonard moved to adopt the ordinance as written, which allows the stacking of containers two high. Councilmember Moser seconded. Councilmember Martin stated he does not feel it is appropriate to change the rules on the applicant at the last minute; he feels the compromise is workable and would be best. Councilmember Mosteit commented that the City's zoning ordinance allows stacking containers four high. Councilmember Leonard commented stacking four high from ground level is fine, but questioned stacking containers four high on an elevated piece of land. Mayor Rigby also commented the ordinance allow stacking containers four high. Councilmember Martin commented that, economically speaking, it makes sense to allow them to move forward. After comments, the vote was taken on the motion to adopt the ordinance as written. MOTION FAILED. Ayes: Councilmembers Leonard, Zemanek, and Moser Nays: Councilmembers Mosteit, Engelken, Martin, Clausen and Mayor Rigby Absent: Councilmember Black Councilmember Martin made a motion to approve the compromise. Councilmember Clausen seconded the motion. Page 3 of 6 April 11, 2011, City Council Meeting Minutes