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HomeMy WebLinkAboutPR 19585: PUBLIC HEARING AMENDING THE ZONING ORDINANCE TO CLARIFY THAT TOWNHOME DEVELOPMENTS, Z16-09 P.R.NO.19585 10/24/2016 PEB PAGE 1 OF 2 RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE TO CLARIFY THAT TOWNHOME DEVELOPMENTS ARE ALLOWED IN THE CITY OF PORT ARTHUR. Z16-09 WHEREAS, the City of Port Arthur wishes to amend the Zoning Ordinance to clarify that Townhome developments are allowed in the City of Port Arthur; and, WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, a public hearing must precede any changes to the zoning ordinance; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble are true and correct. THAT the Planning and Zoning Commission reviewed this case on Oct. 17, 2016. THAT a public hearing to consider whether to amend the zoning ordinance by clarifying that Townhome developments are allowed in the City of Port Arthur shall be held on Dec. 27, 2016 at 9:00 a.m. in the City Council Chambers, Fifth Floor, City Hall, 444 Fourth Street. THAT notice of the public hearing shall be published at least fifteen days prior in the official newspaper of the City before going to the City Council. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED this day of November,A.D. 2016, at a Regular Meeting of the City Council of the City of Port Arthur,Texas,by the following vote: AYES: MAYOR COUNCILMEMBERS: P.R.NO.19585 10/24/2016 PEB PAGE 2 OF 2 NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Valecia"V1'Tizeno, City Attorney I U APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager Ronald "Ron" Burton, Director of Development Services Draft "A" BOJORQUEZ 12325 Hymeadow Drive Phone: (512)250-0411 Suite 2-100 LAW FIRM, Pac Fax: (512)250-0749 Austin,Texas 78750 TexasMunicipalLawyers.com Confidential/Privileged Attorney-Client Communication MEMORANDUM TO: FROM: Anjali Naini, Consulting City Planner DATE: September 9, 2016 RE: Proposed Townhouse Zoning Category I. INTRODUCTION The City of Port Arthur's Zoning Ordinance does not specifically include regulations for townhomes/townhouses ("townhome"). The Zoning Ordinance does already allow and regulate single-family attached units, which is interpreted to include townhomes. However,the City would like the Zoning Ordinance to be clarified and specifically include townhome regulations, and has prepared a draft zoning amendment to include townhomes. This memo examines the proposed zoning amendment, and provides recommendations on how to address townhomes. II. Analysis & Recommendation' This section of the memo follows the order of Exhibit"A" attached to the draft zoning amendment and provides an analysis and recommendation for each of the items in Exhibit"A." It is generally recommended to combine Single-Family Residence Attached with Townhome, instead of creating a separate item for Townhome. To further simplify, it is recommended to just use the word"Townhome" instead of"Townhome/Townhouse" since they have the same meaning. 1) This section of Exhibit"A" addresses adding Townhome/Townhouse to the Single-Family Residence Attached item in the Land Use Chart in Section 7-100 of the Zoning Ordinance. It is recommended to keep this suggested change so the item will read"Single-Family Residence Attached/Townhome." 1 Black font indicates existing language in the Zoning Ordinance,while red font indicates language from the zoning amendment and/or the planning consultant's recommendations.Language that is crossed out indicates language that is recommended to be deleted. City of Port Arthur Townhome/Townhouse Memo Page 1 of 3 Draft "A" 2) This section of Exhibit"A" describes in which zoning districts Townhome regulations should be added. After comparing the proposed regulations to the existing regulations for Single-Family Residence Attached, it appears that the proposed Townhome regulations are identical to those of Single-Family Attached in each district listed, except for Section 11-200: Two-Family District. To avoid duplicating the existing regulations, it is recommended to include Townhome in the same row as Single-Family Attached instead of adding a new row for Townhome, as follows: Lot Width Front Side Area(sq. ft.) (ft) Yard Yard Rear Yard(ft.) Coverage (ft.) (ft.) Single-family attached/townhome 2,000 18 20 5 10 40% In Section 11-200: Two-Family District, the existing Single-Family Attached regulations are recommended to be revised as follows: Lot Width Front Side Area(sq. ft.) (ft) Yard Yard Rear Yard (ft.) Coverage (ft.) (ft.) Single-family attached/townhome 2,000 18 20 5 10 40% 3) This section of Exhibit "A" addresses amending the Single-Family Attached definition to include Townhomes. To clarify the definitions of Single-Family Attached and Townhome, it is recommended to amend Section 26: Definitions as detailed below. (103) Single-family residence, attached/townhome. A dwelling designed and constructed for occupancy by one family and which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one family. A one-family dwelling unit in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, each unit is separated from any other unit by one of more vertical common fire-resistant walls, and each unit is on a single lot of land intended for sale or lease. This use includes industrialized housing built for said occupancy in compliance with the requirements and standards of Vernon's Ann. Civ. St. art. 5221f-1. 4) This item in Exhibit"A" adds a new Special Condition to Section 22-100 in the Zoning Ordinance to require a Traffic Impact Study for new subdivided residential and multi-unit commercial developments. It is recommended to add a provision to waive the Traffic Impact Study for small residential subdivisions meeting the requirements of a minor plat, at the City Manager or City Engineer's discretion. City of Port Arthur Townhome/Townhouse Memo Page 2 of 3 Draft "A" III.Conclusion To simplify the proposed zoning amendment and to avoid confusion in the Zoning Ordinance, it is recommended to consolidate the existing Single-Family Attached dwelling type and regulations to include Townhomes. Because the intent of the townhome regulations mirrors the existing regulations for Single-Family Attached, it is not necessary to add Townhomes as a separate dwelling type. City of Port Arthur Townhome/Townhouse Memo Page 3 of 3