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HomeMy WebLinkAboutPO 6681: MOBIL HOMES, MANUFACTURED HOMES AND RV'S �_ aa'Q1 iliaCity of girt rthu Tetac www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 13, 2018 To: The Honorable Mayor and City Council Through: Harvey L. Robinson, Interim City Manager From: Ronald"Ron"Burton, Director of Development Services 4�`�� RE: P.O. NO. 6681 — An Ordinance granting a waiver not to exceed 18 months to allow FEMA to provide temporary direct housing assistance in the form of MHUs, MH, and RVs. Introduction: The intent of this Agenda Item is to request that City Council grant a waiver not to exceed eighteen (18) months to allow for Manufactured Homes, Mobile Housing Units, and Recreational Vehicles in floodplains,special flood hazard areas,and to temporarily locate in any zoning district for temporary use as requested by the Federal Emergency Management Agency (FEMA). Background: Dated October 24, 2017, the City of Port Arthur received a request from FEMA identifying the City of Port Arthur as a potential recipient of temporary housing units. The document also requested that units such as RVs or MHUs be allowed in areas identified as Special Flood Hazard Areas (SFHA). The placement of these units would be temporary and not to exceed 18 months from the date of the declared disaster Hurricane Harvey DR-4332. FEMA will allow applicants receiving the Manufactured Housing Units that are placed on their private property the opportunity to purchase the unit at the end of the 18-month period; however, if the unit is placed in a SFHA the applicant would not have the ability to purchase unless the unit is relocated outside of the SFHA. The City regulates manufactured housing, mobile homes and RV placement through various City Code requirements including zoning, the International Residential Code, and utility regulations; therefore, residents' receiving manufactured housing units, mobile homes and RVs 1 that do not comply with said requirements must remove the non-compliant structure from the areas where the structures are not permitted (allowed) by the zoning ordinance after the 18- month period. Budget Impact: None Recommendation: It is recommended that City Council grant a waiver not to exceed eighteen (18) months to allow for Manufactured Homes, Mobile Housing Units, and Recreational Vehicles in floodplains, special flood hazard areas, and to temporarily locate in any zoning district for temporary use as requested by the Federal Emergency Management Agency (FEMA). "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O.NO.6681 02/27/2017 AN PAGE 1 OF 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, GRANTING A WAIVER NOT TO EXCEED EIGHTEEN (18) MONTHS FROM THE DATE OF THE DECLARED DISASTER HURRICANE HARVEY DR-4332 FROM FLOOD ELEVATION REQUIREMENTS IN THE CODE OF ORDINANCES, CHAPTER 42: FLOODS AND ZONING REQUIREMENTS IN THE CODE OF ORDINANCES, APPENDIX A: ZONING TO ALLOW FOR MANUFACTURED HOMES, MOBILE HOUSING UNITS, AND RECREATIONAL VEHICLES IN FLOODPLAINS, SPECIAL FLOOD HAZARD AREAS, AND TO TEMPORARILY LOCATE IN ANY ZONING DISTRICT FOR TEMPORARY USE TO ALLOW THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO PROVIDE TEMPORARY DIRECT HOUSING ASSISTANCE IN THE FORM OF MANUFACTURED HOMES, MOBILE HOUSING UNITS, RECREATIONAL VEHICLES, AND OTHER READILY FABRICATED DWELLINGS, IN RESPONSE TO WIDESPREAD DAMAGE CAUSED BY HURRICANE HARVEY; AND PROVIDING FINDINGS OF FACT. WHEREAS, on September 25, 2017 the City Council adopted Ordinance No. 17-37 continuing the Declaration of a Local State of Disaster due to imminent threat from Hurricane Harvey; and WHEREAS, on August 24, 2017 a Major Disaster Declaration was issued resulting from the impact of Hurricane Harvey; and WHEREAS, due to widespread residential property damage necessitating repairs and rehabilitation and the unavailability of housing and rental properties including hotels and multi- family dwellings, the City has an urgent need to provide temporary public housing for residents; and WHEREAS, the Federal Emergency Management Agency (FEMA) plans to make RVs, Manufactured Homes, and Mobile Housing Units (MHUs) available to City residents for temporary shelter not to exceed 18 months from the date of the declared disaster due to Hurricane Harvey while their homes are being repaired; and P.O.NO.6681 02/27/2017 AN PAGE 2 OF 7 WHEREAS, FEMA has requested the City to allow temporary placement and anchoring of these readily fabricated dwellings on residents' property or on property they have legal permission to use; and WHEREAS, on October 24, 2017 FEMA requested permission (Attachment "A") to place these temporary-use housing units at the highest level practicable, which may be below base flood elevation in some of the City's Special Flood Hazard Areas (SFHA) when necessary, and utilizing Proposed Floodplain Maps as guidance, as necessary; and WHEREAS, the emergency need of the City residents for this temporary housing until they can safely return to their repaired homes necessitates the placement of manufactured or mobile homes in areas where such housing types are not regularly allowed by the Zoning Ordinance; and WHEREAS, Once the residents' homes are repaired and they move back into them, either FEMA or the residents shall remove the non-compliant manufactured or mobile homes from the areas where the structures are not allowed by the zoning ordinance; and, WHEREAS, the City and its Community Rating System (CRS) will not be negatively affected by FEMA's placement of Manufactured Homes, RVs, and Mobile Housing Units at an elevation lower than the area's Base Flood Elevation (BFE) nor will the City's participation in the National Flood Insurance Program be jeopardized by allowing FEMA to locate these manufactured homes in areas where the Zoning Ordinance prohibits their placement; and WHEREAS, due to widespread residential property damage necessitating repairs and rehabilitation and the unavailability of housing and rental properties including hotels, the City has an urgent need to provide temporary housing for residents; and P.O.NO.6681 02/27/2017 AN PAGE 3 OF 7 WHEREAS, the City regulates manufactured housing, mobile homes and RV placement through various City Code requirements including zoning, the International Residential Code, and utility regulations; and WHEREAS, the City Council finds the passage of this Ordinance will protect public health, safety,property, and the general welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the findings and recitations set out in the preamble to this Ordinance are found to be true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes. Section 2. That the City Council hereby authorizes the City Manager or designees to permit the temporary placement of manufactured homes, recreational vehicles, or mobile housing units in areas where they are not usually permitted by Appendix A: Zoning of the Code of Ordinances. Section 3. That the City Council hereby authorizes the City Manager or designees to permit the temporary placement of manufactured homes, recreational vehicles, or mobile housing units in areas designated as floodplains or Special Flood Hazard Areas, and waives flood elevation requirements found in Chapter 42: Floods of the Code of Ordinances. Section 4. That the City Council hereby finds that it is necessary to the public interest to protect public health, safety, property, and the general welfare of the public to grant a waiver not to exceed eighteen (18) months from the date of the declared disaster Hurricane Harvey DR- 4332 for said temporary housing, until the City Council extends the waiver. P.O.NO.6681 02/27/2017 AN PAGE 4 OF 7 Section 5. That the purpose of this Ordinance is to allow the Federal Emergency Management Agency to provide temporary direct housing assistance in the form of manufactured homes, recreational vehicles, mobile housing units or other readily fabricated dwellings, and to temporarily waive City Code of Ordinance provisions as described in the sections above. This waiver is granted to meet an urgent and compelling need to provide temporary housing to eligible applicants whose homes were damaged or destroyed as a result of Hurricane Harvey. Section 6. That the placement of temporary housing for disaster applicants, within the City of Port Arthur, is allowed below the identified Base Flood Elevation as indicated on the Flood Insurance Rate Maps. FEMA recognizes that its ability to place such housing in the floodplain is regulated by Federal law(DAP9453.3) and specifically, but without excluding other limitations from law, FEMA assures that the housing units will be elevated to the highest level practicable, notwithstanding usual elevation standards of the City. Eligible applicants receiving temporary housing from FEMA may have the option to purchase the home at the end of the 18- month period following the date of the declared disaster caused by Hurricane Harvey. However, if it is placed in a Special Flood Hazard Area they cannot purchase it unless it is moved to a location outside of the Special Flood Hazard Area, coastal high hazard area, Coastal Barrier Resource Act, or otherwise protected area. Section 7. That this waiver is limited in time in that this authority will end on February 24, 2019. All manufactured homes placed by the Federal Emergency Management Agency, using this authority, must be removed by February 24, 2019 or upon issuance of a Certificate of Occupancy for the repair or reconstruction of the individual's residence, whichever date comes first. P.O.NO.6681 02/27/2017 AN PAGE 5 OF 7 Section 8. That the City Council hereby determines that this temporary waiver and suspension of regulations governing manufactured housing and mobile homes is considered reasonable and necessary for regulatory purposes to meet an urgent need for temporary housing. This Ordinance does not imply that land or the temporary dwellings located within the Special Flood Hazard Area will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City or any official or employee thereof for any flood damages, property damage, or personal injury that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. Section 9. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clause, sentences,paragraphs and sections of this Ordinance. Section 10. That all Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only. Section 11. That a copy of the caption of this Ordinance shall be spread upon the Minutes of the City Council. Section 12. This Ordinance shall be effective immediately. READ,ADOPTED,AND APPROVED,this of , 2018 A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: P.O.NO.66S1 02/27/2017 AN PAGE 6 OF 7 Councilmembers: Noes: Derrick F. Freeman, Mayor ATTEST: Sherri Bellard, TMRC, City Secretary AP ROVE 1 ASTO FORM: d4HTh Valecia"Val"Tizeno 0 ity Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager 011 lir Ronald"Ron" Burt. , Assistant City Manager/ Director of Development Services Texas General Land Office U.S.Department of Homeland Security Community Development and Revitalization FEMA Region 6 1700 Congress Ave 800 N.Loop 288 Austin,Texas 78711-2428 Denton,TX 76209 .k OE4A�\P 111,0 FEMA■T�' TXGLOdt4xn SE0 J4 October 24,2017 Information Regarding Mobile Housing Units or RV's on Individual Sites in Special Flood Hazard Areas The purpose of this letter is to ensure that the placement of Mobile Housing Units(MHU)or Recreational Vehicles (RVs)in the Special Flood Hazard Area(SFHA)is done in a manner that minimizes risk to life and property while providing temporary accommodation for displaced homeowners and meet all local regulations. Your community has been identified as a potential recipient of some of these units. If these are provided,would your community allow units such as RVs or MHUs in your special flood hazard area? The placement of these units would be temporary and not to exceed 18 months from the date of the declared disaster Hurricane Harvey DR-4332. If the applicant,who receives an MHU,places that unit on their private property,they will have the opportunity to purchase it at the end of the 18-month period. However,if it is placed in a SFHA they cannot purchase it unless they move it to a location out of the SFHA,coastal high hazard area,Coastal Barrier Resource Act(COBRA)or otherwise protected area. WE ASK THAT EACH FLOOD PLAIN ADMININSTRATOR PLEASE RESPOND TO THE FOLLOWING QUESTIONS BY EMAILING THE ANSWERS TO: FEMA-4332temphousing@FEMA.dhs.gov • Would your community allow placement in the SFHA,despite any standing local laws or ordinances that may currently prevent such placement? • Would your community allow placement of any MHUs or RVs below base flood elevation(BFE)? • Would your community require certain permits per unit and,if so,what are those permits and is there an expedited process to get those obtained? • Would your community allow blanket permitting for qualified recipients of MHUs or RVs identified by FEMA or TX GLO? • Would your community allow occupancy of MHUs and/or RVs without an elevation certificate(EC)? Procedure Units will be elevated to the highest level practicable,and subsequently due to the temporary nature of the housing units may be placed below base flood elevation(BFE)Code of Federal Regulations allowed by DAP9453.3. FEMA will not consider the placement of these units in the SFHA a National Flood Insurance Program(NFIP)violation,nor will this have an impact on Community Rating System(CRS)ratings. When you reply;please indicate your approval of this procedure and your preference to either a single permit or blanket permit,by sending your response to: FEMA-4332temphousing@FEMA.dhs.gov " /4f CAttiti - Ur( et M.Hays Charlie Cook Deputy Director for Federal Programs Floodplain Management and Community Development and Revitalization Insurance branch Chief Texas General Land Office Federal Emergency Management Agency Attachment:Fact Sheet www.fema.gov E: 1 Declaration of Disaster City of Port Arthur, Texas WHEREAS, the City of Port Arthur on the 24th of August, 2017 is facing the imminent threat of suffering widespread or severe damage, injury, or loss of life or property resulting from the Tropical Storm Harvey storm system; and, WHEREAS, the Mayor of the City of Port Arthur has determined that extraordinary measures must be taken to alleviate the suffering of people and to protect or rehabilitate property. NOW, THEREFORE, BE IT PROCLAMED BY THE MAYOR OF THE CITY OF PORT ARTHUR: 1. That a local state of disaster is hereby declared for the City of Port Arthur pursuant to §418.108(a) of the Texas Government Code. 2. Pursuant to §418.018(b) of the Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or renewed by the City Council of the City of Port Arthur. 3. Pursuant to §418.018(c) of the Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. Pursuant to §418.018(d) of the Government Code, this declaration of a local state of disaster activates the city emergency management plan. 5. That this proclamation shall take effect immediately from and after its issuance. ORDERED this the 24th day of August, 2017. Affi Mayo Perric F. Freeman City of Port Arthur