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HomeMy WebLinkAboutPO 6577: AMENDING APPENDIX A (ZONING) ORDINANCE INTEROFFICE MEMORANDUM TO: CITY COUNCIL&CITY MANAGER BRIAN McDOUGAL FROM: PAUL BROWN, SENIOR PLANNER '4-13 SUBJECT: P.O. 6577—TOWNHOME AMENDMENT TO ZONING ORDINANCE DATE: 01/27/2017 When a local developer first submitted plans to build a townhome subdivision near the Willows Apartments, the developer found fault with the rules for such a development in the city of Port Arthur. In particular, he disagreed with the requirement that all subdivided lots to be sold must be located on improved, dedicated city streets or on private streets built to city standards. He declared that if the city required townhomes to front on city streets, that meant that the city would not allow a townhome development in Port Arthur. And he expressed this belief to many city officials and council members to the point that we determined that I should write a townhome amendment to the zoning ordinance to append the word townhome to the phrase "single-family attached," a term planners use to describe the type of residence that the construction industry often uses for"townhomes." This amendment inserts the word "townhome" to all places in the zoning ordinance that refers to "single-family attached" housing, so that anyone reading the zoning ordinance could easily see that townhome developments are certainly allowed in Port Arthur, even if they do not recognize that"single-family attached" housing is also considered to be townhome housing. The amendment does not remove the requirement that townhomes must front on improved, dedicated city streets or private streets built to city standards. This ordinance also adds a"Special Condition" to the appropriate section of the Zoning Ordinance that requires a Traffic Impact Study of appropriate detail, extent, and completeness relative to the size and area of the commercial project or number of residential units. The required completeness of the study would be related to the type, size, and volume of expected post-deveopment traffic compared to predevelopment especially if the development has fronts only on local residential access streets not built to current city standards and specifications. 1 P.O.NO.6577 01/26/17-PEB/HT PAGE 1 OF 5 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A (ZONING) OF THE ORDINANCE OF THE CITY OF PORT ARTHUR, AS IT PERTAINS TO CREATING A SPECIAL CONDITION FOR "NEW RESIDENTIAL AND COMMERCIAL DEVELOPMENTS"; ADDING A RESIDENTIAL BUILDING TYPE OF"TOWNHOME"TO ALL THE EXISTING LISTINGS OF THE ZONING DISTRICT SECTIONS; AND BY ADDING THE DEFINITIONS. (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN CHAPTER 1, SECTION 1-13 OF THE CODE OF ORDINANCES, AS AMENDED, BY A FINE NOT EXCEEDING TWO THOUSAND [$2,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. WHEREAS,all the requirements of Article XI of the Charter and the Zoning Ordinance, of the City of Port Arthur, Texas, including the Texas Local Government Code, Sections 211.006 and 211.007,having been fulfilled,the City Council held a public hearing on December 13, 2016 at 6:00 P.M.; and, WHEREAS, the proposed change has not been protested in accordance with subsection (d) of said Section 211.006; and, WHEREAS, having received and considered the recommendation of the Planning and Zoning Commission that the proposed change in the Zoning Ordinance be approved to add information about townhome developments, the City Council fmds that it would be in the public interest and general welfare of the City to add such information as delineated in much the same way as shown in Exhibit"A;" and, WHEREAS, pursuant to subsections (d) and (f) of Scction 211.006 Local Government Code, Section 24-105 of the City Zoning Ordinance requires, in order for the proposed change to take effect, the affirmative vote of at least three-fourths of all members of the City Council (i.e., at least seven [7] members) if the proposed change is protested in accordance with said subsection (d) or if P.O.NO.6577 01/26/2017-PEB PAGE 2 OF 5 the City's Planning and Zoning Commission recommends that the proposed change to a regulation or boundary be denied; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the City's Zoning Ordinance (Appendix A) be amended in much the same way as delineated in Exhibit A. SECTION 2. That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 3. That all ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. SECTION 4.That any person,firm or corporation who violates any provision of this Ordinance or the City's Zoning Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two Thousand ($2,000.00) Dollars as provided in Chapter 1, Section 1-13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 5. That this Ordinance or its caption and penalty shall be published at least one (1) time within ten days after formal passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. SECTION 6. That because Section 24-105 of the Zoning Ordinance does not apply, seven (7) votes are not required to adopt this Ordinance. READ,ADOPTED AND APPROVED this day of January A.D. 2017, at a Regular Meeting of the City Council of the City of Port Arthur,Texas,by the following vote:AYES: P.O.NO.6577 01/26/2017-PEB PAGE 3 OF 5 Mayor: Councilmembers: Noes: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: n ' Valecia"V�' ize City Attorney .10 APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager I'' 40;,‘, Ronald "Ron" Burton, D.►.ctor of Development Services P.O.NO.6577 01/26/2017-PEB PAGE 4 OF 5 Exhibit "A" P.O.NO.6577 09/20/2016-PEB PAGE 5 OF 5 Exhibit "A" 1. Add the "Townhome" building type to the "Single-Family Residence Attached" item in the Land Use Chart in Section 7-100 and retaining the same Zoned Districts for which such use is allowed "By Right." 2. Add the "Townhome" building type in all the zoning district sections of the Zoning Ordinance that include a listing for the"Single-Family Attached"building type,to wit,Section 11-200, Two-Family District Regulations; Section 12-200, Multiple-Family Regulations; Section 13-200, Mobile Home District Regulations; Section 14-200, Neighborhood Service District Regulations;Section 15-200, Light Commercial District Regulations;Section 16-200, Heavy Commercial District Regulations. In all of the above sections, the "Single-Family Attached,Townhome"building type shall require: Minimum Lot Area of 2,000 square feet; Minimum Lot Width of 18 feet; Minimum Front Yard Setback of 20 feet; Minimum Side Yard Setback of 5 feet; Minimum Rear Yard Setback of 10 feet;and Maximum Under-Roof Lot Coverage of 40 percent. 3. Add a Special Condition for"New Residential and Commercial Developments" to Section 22-100 (30) stating as follows: "New subdivided residential and multi-unit commercial developments proposed after the date this ordinance becomes effective shall provide a Traffic Impact Study of appropriate detail, extent, and completeness relative to the size and area of commercial projects or number of residential units, and also in relation to the type, size, and volume of predevelopment traffic, especially if the development has access to only local residential access streets not built to current city standards and specifications (i.e. concrete with curbs,gutters and storm drainage,and is at least 27-feet wide from back of curb to back of curb)." The City may waive the Traffic Impact Study for small residential subdivisions meeting the requirements of a minor plat, at the Planning Director's discretion. 4. Add an entry to Section 26 - Definitions: "Single-Family Attached& Townhome:a one- family dwelling 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 or 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."