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HomeMy WebLinkAboutPR 21169: APPOINTING/REAPPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENTS AND APPEALS City of 7 ort !(P www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: November 8, 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. R. No.21169—Resolution appointing and/or reappointing members to the Zoning Board of Adjustments Introduction: The intent of this Agenda Item is to seek the City Council's approval of Proposed Resolution No. 21169, appointing and/or reappointing members to the Zoning Board of Adjustments. Backi round: In accordance with Ordinance No. 15-57,the City Council changed the composition of the board as to delete the alternate positions and to delineate the manner of appointment as denoted in Appendix A, Section 25-100 of the Zoning Ordinance of the City of Port Arthur, Texas. The Board shall consist of the same number of board members as the city council (including its chairman). Each councilmember will appoint a respective member to the board of adjustment. Councilmembers will notify the city secretary of the name of their appointee.A resolution giving notice of the appointment will be provided for city council agenda for the public record. The board member will serve for a term of two years. On June 16, 2019, at a Regular Meeting of the Zoning Board of Adjustments, members were informed of their term expiration, as well as official certified letters were mailed on August 30, 2019. Budget Impact: None Recommendation: It is recommended that City Council approve Proposed Resolution No. 21169, appointing and/or reappointing members to the Zoning Board of Adjustments. "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.R.NO.21169 11/08/2019 PDL PAGE 1 OF 8 RESOLUTION NO. A RESOLUTION APPOINTING AND/OR REAPPOINTING MEMBER(S) TO THE ZONING BOARD OF ADJUSTMENT. WHEREAS, the Zoning Board of Adjustment was originally created by Ordinance No. 89-54; and, WHEREAS, in accordance with Texas Local Government Code Section 211.008(b) the board of adjustment must consist of at least five members to be appointed for terms of two years. The governing body may authorize each member of the governing body, including the mayor, to appoint one member to the board.The appointing authority may remove a board member for cause, as found by the appointing authority, on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired terms; and, WHEREAS, per Ordinance No. 15-57, the City Council changed the composition of the board as to delete the alternate positions and to delineate the manner of appointment as denoted in Appendix A, Section 25-100 of the Zoning Ordinance of the City of Port Arthur, Texas, as delineated in Exhibit"A"; and, WHEREAS, the terms of office of the current members expired on August 15, 2019, as delineated in Exhibit"B"; and, WHEREAS, the Mayor and Councilmembers wish to appoint the following members to the Board as delineated in Exhibit"C". NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. P.R.NO.21169 11/08/2019 PDL PAGE 2 OF 8 Section 2. That the City Council hereby appoints the following members as delineated in Exhibit"C" for a two (2)year term, expiring on September 24, 2021. Section 3. That in accordance with Resolution No. 98-157, the appointee shall immediately contact the City Secretary and be sworn in, receive a copy of the Charter and the Zoning Ordinance, and attend an orientation seminar from the City Attorney's Office. Section 4. That appointees,upon taking the required oath of office and doing all things necessary to qualify for such office, shall have all rights and powers provided by the Statutes and Ordinances pertaining thereto appertaining. Section 5. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED,this day of November, 2019 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: • Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TMRC, City Secretary P.R.NO.21169 11/08/2019 PDL PAGE 3 OF 8 APPROVED AS TO FORM: h1.- o eAafoe ale . `Val" f eno, City Attorney APPROVED FOR ADMINISTRATION: Ronald"Ron" Burton, Interim City Manager owr a 1:1 Sni Pamela D. Langford, Acting IIirector of Development Services P.R.NO.21169 11/08/2019 PDL PAGE 4 OF 8 EXHIBIT "A" 25-100. - Organization. There is hereby created a board of adjustment consisting of the same number of board members as the city council (including its chairman). Each councilmember will appoint a respective member to the board of adjustment. Councilmembers will notify the city secretary of the name of their appointee. A resolution giving notice of the appointment will be provided for city council agenda for the public record. The board member will serve for a term of two years. The members are removable for cause by council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment. Each member reappointed, or each new appointee, shall serve for a full term of two years unless removed. (Ord. No. 15-57 , § 2(Exh. A), 12-8-2015) 25-200. - Procedure. The board of adjustment shall adopt rules to govern its proceedings. The rules must be consistent with this ordinance or statutes of the State of Texas. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. 25-201.Appeals. 1) Appeals to the board of adjustment may be made by any person aggrieved or by any officer, department or board of the municipality affected by the decision of the building official. Such appeal shall be made within 15 days after the decision has been rendered and shall specify the grounds for the appeal. The building official shall transmit to the board of adjustment all the papers constituting the record of the action being appealed. 2) An appeal shall stay all proceedings of the action appealed unless one of the following actions is taken: a. The building official certifies to the board of adjustment in writing that a stay would, in his opinion, cause immediate peril to life or property. The certificate shall state the reasons for his opinion. P.R.NO.21169 11/08/2019 PDL PAGE 5 OF 8 b. A restraining order is granted by the board of adjustment or by a court of law having jurisdiction over such matters. 3) The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the owners of the property affected by the appeal notice of the hearing by mail and notify the public of the hearing by publishing a notice in a paper in general circulation in the City of Port Arthur at least ten days prior to the date set for the hearing. 25-202. Jurisdiction. When in its judgement,the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment may,in specific cases,after public notice and public hearing,and subject to appropriate conditions and safeguards authorize the following and take the following action: 1) Hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the building official in the enforcement of this ordinance. 2) Special exceptions: a. Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building. Permit reconstruction of a structure less than 60 percent destroyed. Permit the addition to off-street parking or off-street loading to a nonconforming use. b. Require the discontinuance by a specific time of nonconforming uses of land or structures under an amortization plan. The amortization plan shall consider the general character of the neighborhood, the necessity of all property to conform to the regulations of this ordinance,and the full value of the structure and facilities. Any discontinuance shall consider both the property rights of the persons affected and the public welfare. 3) Permit variances in specific cases where special conditions will make literal enforcement of the provisions of the ordinance an unnecessary hardship. Any such variance must not be contrary to the public interest. In granting a variance, the board of adjustment shall make three of the four following findings: a. Special circumstances exist relating to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district. b. A variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed under the ordinance, by other properties in the vicinity and zone. c. The granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and that it will not P.R.NO.21169 11/08/2019 PDL PAGE 6 OF 8 adversely affect any other feature of the comprehensive plan of the City of Port Arthur. d. The variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity. 25-203.Actions of the board 1) The board of adjustment may change or affirm the action appealed. In making its decision, the board may also impose reasonable conditions on the applicant. The board shall conform to V.T.C.A., Local Government Code §§ 211.008 and 211.009. 2) The concurring vote of four members of the board of adjustment shall be necessary to revise any order, requirement, decision or determination. 3) Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department or board of the municipality may present to the court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten days after the filing of the decision by the board of adjustment and its recommendation in the minutes and not thereafter. Cross reference—Boards, authorities, commissions and committees, ch. 14; zoning board of adjustment, § 14-481 et seq. P.R. NO.21169 11/08/2019 PDL PAGE 7 OF 8 EXHIBIT "B" ZONING BOARD OF ADJUSTMENT REV. 10/25/2017 COUNCIL Current Term Term Original DISTRICT Appointee Resolution Beginning Ending Resolution Appt. & Date Appt. & Date 1 Langston Adams, Esq. RES 17-276 08/15/2017 08/15/2019 RES 17-276 10/25/2017 10/24/2017 2 Beverly Raymond RES 17-210 RES 17.210 08/15/2017 08/15/2019 08/15/2017 08/15/2017 3 Reginald Rose RES 17-210 RES 17-210 08/15/2017 08/15/2019 08/15/2017 08/15/2017 4 / John Beard 0/25/RES 076 RES 17-276 08/15/2017 08/15/2019 10/24/2017 1RES 17-276 RES 17-276 5 Reginald Trainer 10/25/2017 08/15/2017 08/15/2019 10/24/2017 6 Ron Arceneaux, P.E. RES 17-276 08/15/2017 08/15/2019 RES 17-276 10/25/2017 10/24/2017 7 William V. Larrain, P.E. RES 17-210 08/15/2017 08/15/2019 RES 15-47 08/15/2017 02/03/2015 8 Anthony Leger RES 17-210 RES 15-47 08/15/2017 08/15/2019 08/15/2017 02/03/2015 Mayor Cade Spell RES 17-276 RES 17-276 08/15/2017 08/15/2019 10/25/2017 10/24/2017 APPOINTED BY: Councilmembers and approved by majority vote. LIAISON: Ronald Burton, Director of Development Services TERMS: Two (2) Years ** The Zoning Board of Adjustment was created by City of Port Arthur Ordinance No. 89-054, Section 25-100 on August 1, 1989. Composition of the Board was amended by Ordinance No. 15- 57 on December 8, 2015. P.R. NO.21169 11/08/2019 PDL PAGE 8 OF 8 EXHIBIT "C" ZONING BOARD OF ADJUSTMENT REV. 11/18/2019 COUNCIL Current Term Term Original DISTRICT Appointee Resolution Beginning Ending Resolution Appt. & Date Appt. & Date 1 RES 19-??? 11/18/2019 09/24/2021 11/18/2019 RES 19-??? 2 11/18/2019 09/24/2021 11/18/2019 RES 19-??? 3 11/18/2019 09/24/2021 11/18/2019 RES 19-??? 4 11/18/2019 09/24/2021 11/18/2019 RES 19-??? 7 11/18/2019 09/24/2021 11/18/2019 RES 19-??? 8 11/18/2019 09/24/2021 11/18/2019 Mayor RES 19-??? 11/18/2019 09/24/2021 11/18/2019 APPOINTED BY: Councilmembers and approved by majority vote. LIAISON: Ronald Burton, Director of Development Services TERMS: Two (2) Years ** The Zoning Board of Adjustment was created by City of Port Arthur Ordinance No. 89-054, Section 25-100 on August 1, 1989. Composition of the Board was amended by Ordinance No. 15- 57 on December 8, 2015.