The URL can be used to link to this page

Home My WebLink AboutPO 6804: AMENDING THE APPENDIX A (ZONING), SECTIONS 7 AND 13 City of , 4 ort rth 7c•i�i www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 30, 2019 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, Interim City Manager From: Pamela D. Langford, Acting Director of Development Services RE: P.O. No. 6804 —An ordinance amending the Appendix A (Zoning), Sections 7 and 13 Introduction: The intent of this Agenda Item is to request approval of Proposed Ordinance No. 6804, amending Appendix A (Zoning), Section 7, Use of Land and Buildings and Section 13, Mobile Home District Regulations of the City of Port Arthur Code of Ordinances. The purpose of this request is to remove the allowance of mobile homes as a permitted use within the city, and to make recreational vehicle parks allowed by right and /or special use permits in fewer districts. Staff is also requesting to add Recreational Vehicle Park to the chart located in Section 13, in order to provide anyone who may be interested in developing a Recreational Vehicle Park to the appropriate section where the development standards are located. Background: On May 21, 2019, City Council approved Ordinance No. 19-20, defining the rules and regulations concerning constructing and operating a RV Park within the City of Port Arthur. The adopted RV Ordinance states in Chapter 58, Section 58-122 that the location of RV Parks shall only be placed in an area that is properly zoned for such use. Under the current ordinance, both mobile homes (structures built prior to 1976) and recreational vehicle parks are allowed by right in Mobile Home, Light Commercial, Heavy Commercial, and the Industrial districts, and allowed by Specific Use Permit (SUP) in the Agriculture and Neighborhood Services districts. Staff is proposing to only allow them by right in the Mobile Home District, and by SUP in the Agriculture District, and to remove them from all of the other districts on the use chart. Section 1201 of Texas Occupations Code requires that cities provide a place where HUD-code manufactured homes (built after 1976) shall be allowed, and the city still has a zoning district that allows those and no amendments are proposed. However, Occupations Code does not require that a city have a place for mobile homes (those structures built prior to 1976). Thus, it is staffs recommendation to remove this allowance, and those that currently exist would be considered a legally non-conforming use. The overall goal is to continue to improve the standards set forth for these developments in an effort to promote safe, orderly, and healthful development within the City of Port Arthur. Budget Impact: None Recommendation: It is recommended that City Council approve Proposed Ordinance No. 6804, amending Appendix A (Zoning), Section 7, Use of Land and Buildings and Section 13, Mobile Home District Regulations of the City of Port Arthur Code of Ordinances. "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. 6804 10/1/2019 RM/LM/PDL PAGE 1 OF 4 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A (ZONING), SECTION 7, USE OF LAND AND BUILDINGS AND SECTION 13, MOBILE HOME DISTRICT REGULATIONS OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES PROVIDING THAT VIOLATION OF THIS ORDINANCE IS PUNISHABLE AS PROVIDED IN SECTION 1-8 OF THE CITY CODE OF ORDINANCES AS AMENDED BY A FINE NOT TO EXCEED TWO THOUSAND DOLLARS [$2,000.00] AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. RECREATIONAL VEHICLE PARKS WHEREAS, pursuant to Section 1201 of Texas Occupations Code, the City of Port Arthur has the power to regulate Recreational Vehicles: and WHEREAS, the City of Port Arthur wishes to regulate the location of Recreational Vehicle Parks, as amended in Exhibit A; and WHEREAS, the proposed changes are in compliance with Section 47.01(4)(B) of the Texas Penal Code; and 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 September 24, 2019 at 9:00 a.m.; as delineated in Exhibit B; 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: 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. P.O. NO. 6804 10/1/2019 RM/LM/PDL PAGE 2 OF 5 SECTION 2. That Appendix A, Zoning Ordinance, Section 7, Use of Land and Buildings, and Section 13, Mobile Home District Regulations, be amended as delineated in Exhibit "A". SECTION 3. 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 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. That any person, firm or corporation who violates any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two Thousand ($2,000) Dollars as provided in Section 1-8 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 6. 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. SECTION 7. That a copy of the caption of this Ordinance shall be spread upon the Minutes of the City Council. SECTION 8. That this Ordinance shall take effect immediately after the date of such publication. P.O. NO. 6804 10/1/2019 RM/LM/PDL PAGE 3 OF 5 READ, ADOPTED AND APPROVED this day of October A.D., 2019 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: 471-P- / 1/Iii Ia. � Valec ./Val" A zeno, City Attorney APPROVED FOR ADMINISTRATION: Ron Id'fRon" Burton, Inter yity Manager ��11 1l` v�Yn Ct/► Z:0 Pamela D. Langford, Acting Director of Development Services P.O. NO. 6804 10/1/2019 RM/LM/PDL PAGE 4 OF 5 EXHIBIT "A" Appendix A, Zoning Section 7, Use of Land and Buildings Section 13, Mobile Home District Regulations Section 7, Use of Land and Buildings Type Use A SF 2F MF MH NS LC HC I OW PRK S/COND lie Home/Recreational S X Vehicle Park Section 13, Mobile Home District Regulations Area (sq. Lot Front Side Rear Coverage ft.) Width Yard (ft) Yard (ft) yard (ft) (ft) Recreational See Chapter 58, Article III for Recreational Vehicle Park Standards Vehicle Park P.O. NO. 6804 10/1/2019 RM/LM/PDL PAGE 5 OF 5 EXHIBIT "B" The News / Weekend, September 7-8, 2019 PUBLIC NOTICE Notice is hereby given that a Pubic Hearing of the City Coun- I cil of the City of Port Arthur will be held on Tuesday, September 24, 2019 at 9:00 a.m., in the City Council Chamber,fifth floor, City Hall, 444 Fourth Street, Port Ar- thur, Texas, to consider whether • to amend Appendix A, Section 7, Use of Land and Buildings and Section 13, Mobile Home District Regulations of the Zon- ing Ordinance to remove the al- lowance of mobile homes as a permitted use within the city and to consider whether to continue to make recreational vehicle parks allowed by right and/or to require special use permits in fewer districts. The Public Hearing will offer an opportunity for interested per- sons and agencies to comment on the proposed consideration. Specific questions regarding this project can be addressed by contacting the Planning and Zoning Department (409) 983- 8135. Kelly Moore,Assistant City Sec- retary Port Arthur News: Sept. 7, 2019 PUBLIC HEARING