05-08-17 Regular Meeting of the La Porte City Council

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of the Code of Ordinances of the City of La Porte by amending regulations related to the parking of commercial motor vehicles at retail parking lot businesses in commercial and industrial zones – I. Clowes City Planner Ian Clowes presented a summary.This item is proposing two amendments to Chapter 70 in the Code of Ordinances in correlation to NAICS Code 812930 – Parking Lot and Garages use. Currently this is a permitted use in the general commercial and all the industrial zones. Mr. Clowes informed Council there have been some issues in the past with applicants who were looking to develop paved parking lots to let trucks be parked on them. After checking with NAICS, this is an allowed use according to NAICS Code 812930. What staff is proposing to add is Footnote 16 to this specific use, “prohibiting the parking of commercial motor vehicles, including truck tractors not in combination with trailers is prohibited.” In addition, Mr. Clowes informed of redefining or adding to the definition of “Commercial motor vehicles” to the recently updated definition of “commercial motor vehicles” in Chapter 70 of the Code of Ordinances. The Planning and Zoning Commission met on March 16, 2017, and voted unanimously to recommend approval of both amendments. There being no public comments, the public hearing closed at 6:11 p.m. Councilmember Daryl Leonard made a motion to approve an Ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by amending regulations related to the parking of commercial motor vehicles at retail parking lot businesses in commercial and industrial zones. Councilmember Dottie Kaminski seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3674: AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY AMENDING REGULATIONS RELATED TO THE PARKING OF COMMERCIAL MOTOR VEHICLES AT RENTAL PARKING LOT BUSINESSES IN COMMERCIAL AND INDUSTRIAL ZONES, PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Zemanek asked if the City is now going to prohibit truck parking, does that mean in all parking lots. Ian Clowes responded, only parking lots that fall under NAICS 812930, if parking lots are accessory to a business, it would not fall under this category. This would only be for the pure and only use for zoning permit for parking - liking this to a park and ride type use. The sole use of the parking lot is to park vehicles, not accessory to any business onsite. Councilmember Zemanek asked if we will continue to allow trucks parked at hotels as long as they are striped properly. Mr. Clowes responded that is correct. Councilmember Zemanek asked for an example where we would not allow them to park. Mr. Clowes responded, an example is the old police station where the City did allow companies to come in under NAICS 812930, essentially to rent the parking lot to park cabs in the evening hours. Councilmember Zemanek asked will it change what we currently have now. Mr. Clowes responded, no. Mayor Rigby asked, it will not affect the truck stop but will it affect the Kroger’s parking lot? Mr. Clowes responded, parking of trucks at that point are accessory to the uses already permitted onsite. 8. REPORTS AND POSSIBLE ACITON TH (a)Receive report on the 125 Celebration and planned activities; and take possible action, if necessary – C. Alexander Mayor Rigby asked City Manager Corby Alexander to add this item to the agenda. Mayor Rigby expressed his concern over the number of ticket sold at some events. He stated he just wanted to get an update and perhaps possible options since the event is only two and a half weeks away. Page2 of 5 April 24, 2017, Council Meeting Minutes