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OCR for page 54
54 that all Permitted Trucks are in compliance with on-street park- tion Ordinance; and Portland, Oregon's Guild's Lake Industrial ing restrictions by local municipalities. Permitted Trucks not in Sanctuary Zone. service shall be staged off public streets and away from residen- Baltimore created the MIZOD in 2004 around the Port tial districts. Concessionaire shall ensure that Permitted Trucks adhere to any truck routes specified by local and state authorities of Baltimore to balance industrial and non-industrial devel- or the Port, including routes and permit requirements for haz- opment, as well as to protect frontage land along the harbor ardous materials, extra-wide, over-height and overweight loads that had access to at least 18 feet of draft. The overlay was (Port of Los Angeles 2009). carefully crafted to preserve the most vulnerable and criti- cal areas of deep-water frontage for current and future As part of delineating truck routes, some jurisdictions freight use. also restrict the routes on which hazardous materials may Benton, Oregon's Flexible Industrial Overlay Zone was be transported. In 2006, Boston, Massachusetts, halted all created to ensure the orderly industrial development of six daytime permits for trucks carrying hazardous materials specific parcels that were situated within the urban growth through Boston. The city allowed trucks carrying hazardous boundary. The industrial overlay allows light industrial uses, materials to travel through the city only between 6 p.m. including manufacturing uses that may be dependent on and 7 a.m., and they were not allowed to use Commercial trucks. Uses will only be permitted if surrounding land uses Street. However, the City of Boston had not consulted with will not be adversely affected. If it appears that noise, dust, the U.S. Department of Transportation, which must ap- odors, emissions, or other adverse environmental impacts will prove all hazmat routes. extend outside the boundary of a parcel, the planning commis- sion will impose conditions to reduce such adverse impacts In November 2009, FMCSA issued a pre-emption determi- so that the use will not create a public nuisance. nation, which said, "This de facto modification to the city's routing designation ... serves to shift the risk associated with Jacksonville, Florida, authorized its Industrial Land that transportation to neighboring jurisdictions by forcing Preservation Bill (ORD 2007-0398) in May 2007. The ratio- hazardous material motor carriers to use alternative routes nale behind the legislation was to protect industrial land from bypassing the city of Boston" (Trucking Info.com 2010). residential conversion and stop the depletion of land avail- able for job creation (Dorsch 2007). Although the ordinance In May 2010, FMCSA rejected the city's request to reroute does not prohibit zoning conversion of land, the ordinance hazmat trucks around the city but granted Boston a 45-day makes it costly for residential builders to do this because it extension of its ban to work out an alternative approach. The requires increased buffer zones at the builder's expense. City of Boston worked with the Massachusetts Motor Trans- Almost 56,000 acres have been set aside for industry under portation Association (MMTA) to come up with a policy to this ordinance. As part of the ordinance's development, an encourage truckers to use Cross Street instead of Commercial industrial technical advisory committee was created. Its Street. The MMTA agreed to work with the city on keeping responsibilities include review of proposed land-use changes, the traffic on Commercial Street to a minimum during the new rezoning, and text changes to the comprehensive plan and hazmat routing study and public comment process required zoning code in the areas of situational compatibility and indus- by federal regulations (Trucking Info.com 2010). trial sanctuaries. The committee will make recommendations to the Planning and Development Department and city council based on its reviews. Overlay Zones: Industrial and/or Portland, Oregon, implemented the Guild's Lake Indus- Freight Overlay Protection Zones trial Sanctuary (GLIS) Zone in 2001. The sanctuary is located Many cities use special-purpose zoning "overlay" districts between Forest Park in the West Hills and the Willamette that are placed over certain neighborhoods to create specific River. It contains the majority of the industrially zoned land unique characteristics or to retain these characteristics. Overlay in Northwest Portland. GLIS forms an important part of districts modify the controls of the underlying districts. For Portland's overall industrial sanctuary where land is pre- example, overlay districts have been used for airport areas served for long-term industrial use. According to studies of influence and for transit-oriented development (TOD). commissioned by the city, industrial business was thriving Overlays usually will be seen on a zoning map as a hatched, in the district, creating well-paying jobs, and contributing to or other, pattern that is superimposed over a specific use. the region's economy. One study showed that there was a Cities are implementing industrial and freight districts or regionwide shortage of readily developable industrial land industrial flexible overlay zones to foster the preservation that could constrain job growth within 7 to 10 years. There and growth of industrial areas. Examples include the Port was also an acknowledgement that industrial land uses could of Baltimore's MIZOD; Benton, Oregon's Flexible Industrial often be hard to site because of the intensity of industrial Overlay Zone; Jacksonville, Florida's Industrial Land Preserva- uses, and current industrial land was a finite resource. Finally,