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HomeMy WebLinkAboutPO 6740: AMENDING ORD 18-09 EXTENSION FROM 18 MONTHS TO 27 MONTHS, HURRICANE HARVEY, FEMA TO PROVIDE TEMPORARY DIRECT HOUSING ASSISTANCE I + City of ort rthu 7it www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: November 21, 2018 To: The Honorable Mayor and City Council Through: Harvey L. Robinson, Interim City Manager From: Pamela D. Langford, Development Services Manager Cc: Ronald "Ron" Burton, Director of Development Services RE: P.O. NO. 6740 — An Ordinance amending Ordinance No. 18-09 as it pertains to an extension from 18 months to 27 months from the date of the Declared Disaster Hurricane Harvey, 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 an extension to a waiver not to exceed twenty-seven (27) 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. 1 The Port Arthur City Council approved Ordinance No. 18-09 granting said waiver. The Texas General Land Office (GLO) has requested that this waiver be extended an additional nine months from its original not to exceed date, to allow residents more time for repairs or reconstruction of their primary dwellings. 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 that do not comply with said requirements must remove the non-compliant structure form the areas where the structures are not permitted (allowed) by the zoning ordinance after the 27-month period. Budget Impact: None Recommendation: It is recommended that City Council grant an extension to a waiver not to exceed twenty- seven (27) 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.D. NO.6740 11/21/2018 pdl PAGE 1 OF 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, AMENDING ORDINANCE NO. 18-09 AS IT PERTAINS TO A WAIVER FOR 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 March 13, 2018, the City Council adopted Ordinance No. 18-09 granting a waiver 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 manufactures homes, mobile housing units, and recreational vehicles in floodplains, special flood hazard area. 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, WHEREAS, the Texas General Land Office ("GLO") has requested that the municipality support the request for extension submitted to the FEMA for an additional nine months: extending the waiver for a total of 27 months from the date of the declared disaster Hurricane Harvey DR-4332; and, Y.O.NO.6681 11/21/2018 pdl PA(;I 2 OF 7 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) made RVs, Manufactured Homes, and Mobile Housing Units (MHUs) available to City residents for temporary shelter due to Hurricane Harvey while their homes are being repaired; and, WHEREAS, FEMA 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 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 (SF HA)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 P.O.NO.6681 11/21/2018 pdl PAGE 3OF7 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, 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 is both necessary and reasonable to 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 continue 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. P.O.NO.6681 11/21/2018 pol PAGE.4OF7 Section 3. That the City Council hereby authorizes the City Manager or designees to continue 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 in the public interest to protect public health, safety, property, and the general welfare of the public to extend the waiver not to exceed twenty-seven (27) months from the date of the declared disaster Hurricane Harvey DR-4332 for said temporary housing, until the City Council extends the waiver. 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 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 P.O.NO.6681 11/21/2018 pd1 PAGE 5OF7 applicants receiving temporary housing from FEMA may have the option to purchase the home at the end of the 27-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 the waiver is limited in time in that this authority will end on November 24, 2019. All manufactured homes placed by the Federal Emergency Management Agency, using this authority, must be removed by November 24, 2019 or upon issuance of a Certificate of Occupancy for the repair or reconstruction of the individual's residence, whichever date comes first. 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 P.O.NO.6681 11/21/2018 pol PAGE 6 OF 7 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. That this Ordinance shall be effective immediately. READ, ADOPTED, AND APPROVED, this of December, 2018 A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: Noes: Derrick F. Freeman, Mayor ATTEST: Sherri Bellard, TMRC, City Secretary P.O.NO.6681 11/21/2018 pdl PAGE 7 OF 7 APPROVED FOR ADMINISTRATION: Harvey Robinson, InterimCityManager Ronald "Ron" Burto A ssistant City Manager/ Director of Development Services APPROVED AS TO FORM: V6V , , fAX alecia R. •- -olk City Attorney