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HomeMy WebLinkAboutO-2009-1501-Q6 restrict trucking terminals to (LI) and (HI) zoning districts when also adjacent to right-of-way of authorized truck routes13/14 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Jan a► 2 / Q�re Requested By: Tim Tiet'eq�s Department: Planninp_ Report: _Resolution: _Ordinance:_X Exhibits: Ordinance 1501 amendment Amendments to Articles V & V1, Chapter 70 Truck Terminals & Container Yards Map Proposed Truck Route Map Appropriation Source of Funds: NA Account Number: NA Amount Budgeted: NA SUMMARY City Council directed staff to conduct a review of the existing provisions of Chapter 106 (Zoning) regarding trucking terminals and truck routes within the City limits of La Porte. At the October 2007, La Porte Citizens Advisory Council meeting, staff gave a presentation on current projects and plans to improve truck transportation and safety. Staff highlighted areas of concern about the language contained in the ordinances governing trucking facilities, terminals/yards, and specifically truck routes. Regulations such as location of truck terminals and truck routes are delineated in the Traffic and Vehicles Ordinance (Chapter 70 of the Code of Ordinances) enforced by the Police Department. Changes proposed for Chapter 70 should better define and correlate the provisions of the Zoning Ordinance (Chapter 106) for suitable placement of trucking facilities by restricting them to locations directly adjacent to the right-of-way of the designated truck routes. After a workshop on November 20t", the Planning and Zoning Commission on December 18, 2008, conducted a public hearing and received citizen input on proposed changes pertaining to the development of trucking facilities within the City. The Planning and Zoning Commission, by unanimous vote, recommends City Council approve an amendment to the Code of Ordinances related to trucking terminals. The Commission also supports the proposed changes to Chapter 70, with a recommended adjustment to the truck route. Action Required by Council: 1. Conduct a Public Hearing 2. Consider Planning and Zoning Commission recommendation to approve an ordinance amending Chapter 106 (Zoning) Section 106-521, Table A, Industrial Uses, Add footnote /' ' I' pertaining to location of trucking terminals adjacent to the right-of-way of authorized tl•uck routes. onsider Staff's recommendation to amend Article V&VI of Chapter 70 and approve -dinance. Ron Bottoms, City Manager 1 /0 lo Date X009— 15 o r to ORDINANCE NO. t"* 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 AMENDING DIVISION 4, "INDUSTRIAL DISTRICT REGULATIONS", SUBDIVISION I, "GENERALLY", SECTION 106-521, "TABLE A, INDUSTRIAL USES" TO RESTRICT TRUCK TERMINALS TO LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL (HI) ZONING DISTRICTS, AND ONLY WHEN ADJACENT TO THE RIGHT-OF-WAY OF AUTHORIZED TRUCK ROUTES IN SAID ZONING DISTRICTS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to -wit, on the 18'h day of December 2008, at 5:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 3. Immediately following such public hearing on December 18, 2008, the Planning and Zoning Commission of the City of La Porte met in regular session to consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated December 22, 2008, a ORDINANCE NO. 1501-19(p Page 2 true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed changes to the ordinance and the recommendation of the Planning and Zoning Commission on the 12t" day of January, 2009, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible changes to the ordinance. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission regarding the amendments to the Zoning Ordinance by amending Section 106-521, "Table A, Industrial Uses", to read as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein verbatim. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan and Thoroughfare Plan. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the ORDINANCE NO. 1501 - Page 3 City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the ATTEST: 10 -� day of January, 2009. CITY OF LA PORTE aW;LBy:- ALTON PORTER, Mayor By:t4jh cl,t.e-K-0a� M HA GILLETT, City SecretEUy "WASUS-19ITT4 CLARK ASKINS, Assistant City Attorney THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Plamiing and Zoning Commission will conduct a public hearing at 5:00 P.M. on the 18"' day of December, 2008, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to receive public input on a proposed amendment to Division 4. Industrial District Regulations, Subdivision I, Section 106-521, Table A, Industrial Uses, Chapter 106 of the Code of Ordinances, for permitting trucking terminals in Light Industrial (LI) and Heavy Industrial (HI) zoning districts, where directly adiacent to authorized truck routes established by the City ofLa Porte. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Conunission. Citizens wishing to address the Commission pro or con during the public hearing will be required to sign in beibre the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum Of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disubilih- accommodations available. Requests fin- oeconmrodcrtions or interpretive services at meetings should he rncrde 48 hours prior to the meeting. Please contact City Secrelarv's oj/ice at (281) 471-5020 or TDD Line (281) 471-5030 fbr fimther iglb nrnlion. �X HIRl� q HE STATE OF TEAS ,OUNT r of HARRIS ;ITY OF LA PORTS royisioni of 06-171 of the irdinances of th! a Porte, and :i ons of the TO overnment GOO hereby giverf 3 Porte Plain oning CommlS5: induct a puhlfi : 5:00 P.M. 6441 ay of Decemf the Council the City Hall rirmont Parke Irte, Texas. )se of this he calve public i oposed amer� vision 4, Indra ct Regulations4 m I, Sectiony ible A, Indusir iapter 106 of .i Ordinances, IC g trucking ten )ht Industrial ;avy Industrial 3 districts, w atly adjacent ti rd truck route hed by the Ci -rto. regular meet inning and immission v 3 public heari rpose of ac public hea d to conduct s pertaining -mmission. 01h the Section Code of City of a provi- rs Local notice that the ng and )n will hearing the 18th r, 2008, 820 S. 8th Street _a Porte, Texas 77571 281-471-1234 Fax 281-471-5763 604 W. i,`a City of La Porte RE: PUBLIC NOTICE e puo CITY OF LA PORTE I is ton a o County of Harris P&z TRUCKING TERMINALS ant to let . Dis- State of Texas Subdivi- 106.521, i Uses, Before me, the undersigned authority, on this date came and e Code nasrmn appeared Adam Yanelli, a duly authorized representative of The .Ij and In ;!on- Bayshore Sun, a semi-weekly newspaper published and generally '`adi- author- distributed in the City of La Porte, Harris County, Texas and who estab- of La after being duly sworn, swears the attached notice was published in I The Bayshore S ad of the e 11/30/08 Zoning follow for the upon items or matii - the Adam Y/ane1NE-c ft6rr/Publisher izens wishing Ito ad - :ss the Co mission or con during the pub- i hearing will be `required sign in before the seting is convened. Sworn and subscribed before me this December ,2008. Notary PUbIIC - DEBORAH SUE STOUT Harris County, Texas My Commission Exprires 03-13-2012 311111141iii##!1lllill111t1#111#1#111#!11#11#!# U113i9 DEBORAH SUE STOUT NOTARY PUBLIC STATE OF TEXAS _ -- 'rfortE�r Comm. Exp. 03-13-2012 = 41133#1111!11911111]111l11111111114111l111#1111!{11111 2nd day of December 22, 2008 its o - L, a . ,to Ilonorable Mayor Alton Porter and City Council City ol'l,a Porte Re: Zoning Ordinance Amendment - Trucking Terminals Dear Mayor Porter and Council: The La Porte Planning and Zoning COmIIIISSIOn, during a regular meeting on December 18, 2008, held a public hearing to consider an amendment to the Zoning Ordinance (Chapter 106 of the Code of Ordinances), by amending Sections 106-521, Table A. Industrial Uses, footnotes; related to the location of trucking terminals within the City. The Planning and Zoning Commission, by unanimous vote, recommends that City Council consider approval of an amendment related to the trucking terminals. Respectfiilly Submitted, Hal Lawler Chairman, Planning and Zoning Commission C- c: Ron Bottoms, City Manager .John Joerns, Assistant City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission THE STATE OF TEXAS COUNTY OF HARRIS CITY OP LA PORTE NOTICE OF PUBLIC HEARING in accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 12"' day of January, 2009, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to receive public input on a proposed amendment to Division 4, Industrial District Regulations, Subdivision I, Section 106-521, Table A, Industrial Uses, Chapter 106 of the Code of Ordinances, for permitting trucking terminals in Light Industrial (LI) and Heavy Industrial (HI) zoning districts, where directly adjacent to the right-of-way of authorized truck routes established by the City of La Porte. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum Of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This fiicilitr has disahilihv uccommodutions available. Requests for accommodations or hiterpretive services at meetings shouldbe made 48 hours prior to the meeting. Please contact Citi,.Seereturtr's gfjice at (281) 471-5020 or TDD Line (281) 471-5030.1orfru•ther hgbrmnation. EXHIBIT D 820 S. 8th Street La Porte, Texas 77571 City of La Porte County of Harris State of Texas 281-471-1234 Fax 281-471-5763 L hereby given chat i La Porte City Council , conduct k •-p f -7 at 6:00 RM. ltead on the .12 day of uncJanuary, I he Coil ChamWrs Sun the City Hall, 604Iit( Fa moat Parkway, LPort Texas. The PFre this hearing isecei"public input oprt (% posed amendmgM to O vision 4, Induafftal oistn( Regulations, j' Subdivisic t, Section1t�•521, Tabl PUBLIC NOTICE A, Industrial ses, Chap CITY OF LA PORTE dinan0es,r 16 of for t , Code of or TRUCKING TERMINA: }!u �9, terrrjOals in Llohi Before me, the undersigned authority, on this date came a appeared Adam Yanelli, a duly authorized representative of T Aa P. tic Bayshore Sun, a semi-weekly newspaper published and genera P -g; distributed in the City of La Porte, Harris County, Texas and w p rtao after being duly sworn, swears the attached notice was publishec Citi. dress, The Bays hpre_Sun-04t d) _12/28/o8 con , All sealed proposals shall be submitted Including one marked original and three (3) duplicates Sworn and subscribed before me this 29thda, on l arty manetrkedfovI Decembernumberand ppp descrip• ' tion. ,2008. Proposals will be received at the City of La Porfe Purchasing of rice, 2963 N. 23rd Street, La Porte, TX 77571 umil v. 2:00 p.m. Monda26" eiAtl rLary 1. 9 200a Notary Public - DEBORAH SUE STOUT DEBORAH ariaProwill be opened nd '. Harris County, Texas names publicly read In the .Public Works up - stairs training I room Imme_ diately after the closing hour for the proposals on said date. An elevator is not ,available. Please My Commission Exprires o3-� 3-20� 2 contact Purchasing at mOalio ssareneeded.aCCOm- THE STATE OF TEXAS NO LATE PROPOSALS 7itl#1i9,;1i¢¢¢III¢11IIIIIIIIIIIIIfIfillfHlllUt!!ti COUNTY OF HA CITY OF POR�� WILL BE CONSIDERED Forms furnished by the Np7t L City of La Porte may be DEBORAH SUE m G obtained without deposit from: ST ` ply NOTARY PUBLIC :? ! UBLIC In Pr is ace th of Section the City of La Porte Purchasing _= S TATE OF TEXAS 1 t7t of th code Ordinances Division of 2%3 N 23rd Street Uomm. EXP. 03-13- 1111UIlIltl7YJitltr'l; 2012 Z of a City La Porte, a the p of La POYte, TX 77571 roar (261)470.5125 rit17Sd13t6¢¢IIIIRIIINIIIIfN� sions of th Texas rnucmmnn, Looel (:aria nM(no A Pre.ProQ4rfdi_._..ScQOI�l- EXHIBIT E 1) That the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning," Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision I, "Generally", Section 106-521, "Table A, Industrial Uses", Subsection "a", "Table A, industrial uses", "Motor Freight Transportation and Warehousing (421,423)", is hereby amended to read as follows: Uses (SIC Code #) BI LI HI Motor freight transportation and Warehousing (421,423) * P(J) P(J) 2) That the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning," Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision 1, "Generally", Section 106-521, "Table A, Industrial Uses", subsection "c", "Footnotes", is hereby amended by adding Footnote "J", to be included in proper alphabetical sequence, to read as follows: "J. Trucking Terminals. Trucking terminals shall be allowed only in Light Industrial (LI) and Heavy Industrial (HI) zoning districts and shall be further restricted to locations directly adjacent to authorized truck routes (as same are designated in Section 70-231 of this Code) located in said LI and HI zoning districts . Any truck terminal operating in whole or in part as a container yard or converting to a container yard shall be restricted to Heavy Industrial (HI) zone only. See Section 106-746 of this Chapter for additional requirements." EXHIPIT I) That the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning," Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision 1, '`Generally", Section 106-521, "Table A, Industrial Uses", Subsection "a", "Table A, industrial uses", "Motor Freight Transportation and Warehousing (421,423)", is hereby amended to read as follows: Uses (SIC Code #) BI LI HI Motor freight transportation and Warehousing (421,423) P(J) 13 j 2) That the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning," Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision I, "Generally", Section 106-521, "Table A, hidustrial Uses", subsection "c", "Footnotes", is hereby amended by adding Footnote "I" to be included in proper alphabetical sequence, to read as follows: "1 Trucking Terminals. Trucking terminals shall be allowed only in Light Industrial (LI) and Heavy Industrial (HI) zoning districts and shall be fin-ther restricted to locations directly adjacent to the right of way of authorized truck routes (as same are designated in Section 70-231 of this Code) located in said LI and HI zoning districts . Any truck terminal operating in whole or in part as a container yard or convertin to a container yard shall be restricted to Heavy lndustrial (HI) zone only. See Section 106-746 of this Chapter for additional requirements."