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HomeMy WebLinkAboutPO 6839: WORKFORCE HOUSING P.O. No. 6839 3/27/20 vt ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR AMENDING CHAPTER 22 (BUSINESSES) BY ADDING A NEW ARTICLE XII (WORKFORCE HOUSING)TO REGULATE THE CONSTRUCTION AND MAINTENANCE OF WORKFORCE HOUSING WITHIN CITY LIMITS; VIOLATIONS OF THIS ORDINANCE ARE PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CITY CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS [$2,000]; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. WORKFORCE HOUSING WHEREAS, the City of Port Arthur is a Home Rule municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code and the Port Arthur City Charter, provide the City authority to adopt ordinances for the good,peace, order, and welfare of the municipality; and WHEREAS,pursuant to Section 1202 of Texas Occupations Code,the City of Port Arthur has the power to regulate industrialized housing and buildings; and WHEREAS, the City of Port Arthur wishes to regulate the construction and maintenance workforce housing within City limits, as amended in Exhibit"A"; 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. SECTION 2. That Chapter 22 (Businesses) of the Code of Ordinances of the City of Port Arthur, be amended by adding a new Article XII entitled "Workforce Housing" in substantially the same form as 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 Dollars ($2,000) as provided in Section 1-13 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 (10) 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 7. That a copy of the caption of this Ordinance shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of March A.D.,2020 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"Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary Port Arthur-Workforce Housing Page 2 of 11 APPROVED AS TO FORM: Valecia"Val"Tizeno ` Attorney APPROVED FOR ADMINISTRATION: Ronald"Ron"Burton, City Manager Pamela Langford Director of Development Services Port Arthur-Workforce Housing Page 3 of 11 EXHIBIT "A" CHAPTER 22. —BUSINESSES; ARTICLE XII. WORKFORCE HOUSING Port Arthur-Workforce Housing Page 4 of 11 EXHIBIT "A" CHAPTER 22.—BUSINESSES; ARTICLE XII. WORKFORCE HOUSING Port Arthur-Workforce Housing Page 4 of 11 Article XII—Workforce Housing Section 22-636—Definitions. Words and phrases used in this Article shall have the meanings set forth in this section. Terms that are not defined below, but are defined elsewhere in the Code of Ordinances, shall be given the meanings set forth in the Code. Words and phrases not defined in the Code of Ordinances shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number(and vice versa); and words in the masculine gender shall include the feminine gender(and vice versa). The word"shall"is always mandatory, while the word"may" is merely directory. Headings and captions are for reference purposes only. Site Restoration means that upon revocation or expiration of the Specific Use Permit, or termination of use of the property for Workforce Housing, if earlier,the applicant shall restore the site to pre-development condition or a more pristine state in accordance with an approved Site Restoration Plan. Site restoration shall include the removal of all Workforce Housing units and temporary buildings. Utility services, fences, and roads may be allowed to remain on the property if they can be used for a permanent development in the future. The site will require re- grading, weed control,planting, and fertilization necessary to restore the site to pre-development or more pristine condition. Workforce Housing means a conglomerate of five (5) or more industrial housing units or buildings, or any other movable structure(s) serving as housing exclusively or primarily for construction, industrial, or oilfield related workers and which provide accessory units for one of the following: common restroom/showering facilities and eating facilities. Recreational vehicles, mobile homes, motor homes, or any other similar type, shall not be used as portable housing units, portable building/structures, or common areas in Workforce Housing. Workforce Housing Permit means a revocable Specific Use Permit allowing for the construction and/or operation of workforce housing within City limits. Workforce Housing Site means a parcel of land under single ownership upon which Workforce Housing is located. Section 22-637—Approval of Plans and Plats Required. No Workforce Housing shall be developed on an unplatted lot. Prior to development, the developer, owner, or their designee shall meet the standards for platting as set forth in Chapter 98, Article III of the City of Port Arthur, Texas Code of Ordinances. Section 22-638—Specific Use Permit for Workforce Housing. No Workforce Housing shall be placed on any tract of land which is not properly zoned for such use. Prior to the initiation of Workforce Housing in an approved zoning district, a person must make an application for a Workforce Housing Permit. Port Arthur-Workforce Housing Page 5 of 11 A Workforce Housing Permit may be issued only after review and approval by the Planning and Zoning Commission and the City Council in accordance with Section 21 of the Zoning Ordinance of the City of Port Arthur and the posting of a reclamation bond or its equivalent (as approved by the City Attorney) for the removal of the moveable housing, the grading, and revegetation of the property, and the filling of any subsurface pools or basins, to the satisfaction of the City Manager upon expiration of the Workforce Housing Permit. Section 22-639—Application for Specific Use Permit. (a) A person desiring to construct, operate or maintain Workforce Housing shall file a written application for a Workforce Housing Permit with the Planning & Development Department. (b) The application must be on a form provided by the City and the following information is required in the application: 1. Name and address of the applicant. If the applicant is a corporation or other business association, the applicant shall provide the names of the managers and directors of the corporation, satisfactory proof of the authority of the signatory to the application to bind the corporation, and the name and address of the agent for service of process in the State of Texas; 2. Name and address of property owner, current use of the property, and copy of landowner's permission for the location of the Workforce Housing; 3. Statement indicating the projected duration of use; 4. Statement indicating the total number of projected employees; 5. Statement indicating the total number of beds the Workforce Housing Site will contain; 6. Site plan drawn to scale; 7. Date upon which the occupancy and use of the Workforce Housing will commence; 8. Legal description of the property; 9. A copy of the applicant's deed and/or lease to the real property on which Workforce Housing will be located; 10. Provision for solid waste collection and disposal, water, and sewage, including the location of service buildings, sanitary stations, and any other proposed structures; 11. A copy of the approved sewage disposal plans and State permits; Port Arthur-Workforce Housing Page 6 of 11 12. Plans and specifications of all buildings constructed or to be constructed; 13. The location and details of lighting and electrical systems; 14. Plans and specifications of the water supply, refuse, and sewage disposal facilities, including the location of water and sewer lines and riser pipes; and a filed copy of water supply plans and applicable permits; 15. Site Restoration plan and a timetable for completion of all phases of grading, revegetation, and the filling of any subsurface pools, basins, or anything that collects debris present as a result of the Workforce Housing; 16. Plans for security, fire, and emergency evacuation; 17. List of rules and regulations applicable to Workforce Housing Site; and 18. Policies on drug and alcohol use, noise, and weapons at Workforce Housing Site. Section 22-640 —Site Plan. The site plan for Workforce Housing, drawn to scale, shall include at a minimum, the following: (a) The location of all housing units, structures, and common areas with the occupancy capacity of each; (b) All building setbacks to property line/fence; (c) Ingress and egress to property and proposed structures; (d) Utilities, with reference to location, availability and compatibility; (e) Preliminary drainage plan; (f) The location of Improved Surface Parking Areas. "Improved Surface Parking Area" is defined as an all-weather surface, such as concrete, asphalt and gravel, which is clearly delineated by curbs, landscaping, or similar features to distinguish the parking area from the remainder of the yard; (g) The location of usable open space; (h) The location of street lamps and/or lighting equipment for all Workforce Housing units, structures, common areas, appurtenances, and roads within the Workforce Housing development; (i) Refuse areas; (j) Proposed screened, buffered and fenced areas indicating which type of material is to be used; (k) The location of emergency service roads (fire lane) in accordance with the City's adopted codes; (1) The location of fire protection equipment; (m)The names of adjacent streets; (n) The street number assigned to each housing unit, structure, or common area for Port Arthur-Workforce Housing Page 7 of 11 identification and emergency response purposes; and (o) Such other information as requested by the Planning and Zoning Commission or the City Council as conditioned with the approval of the Specific Use Permit. Section 22-641 —Subject to City Codes. All Workforce Housing and all improvements required therein are subject to all city permits, codes, and regulations, and state regulations including but not limited to the following: the Port Arthur Zoning Ordinance, the International Fire Code, the International Building Code, the National Electrical Code, the International Plumbing Code, the International Fuel Gas Code, and the International Mechanical Code. Section 22-642—Building Permit Required. No person shall erect, install, or construct, or proceed to erect, install, or construct, add to, enlarge, improve, alter, repair, convert, extend, or demolish any housing unit, building, structure, fence, or any part of the same, or install any plumbing, electrical, or mechanical equipment as a part of the Workforce Housing unit, building, or structure, or may make any other improvements to any Workforce Housing Site, or cause the same to be done within a Workforce Housing Site without obtaining a building permit. Section 22-643 —Application for Workforce Housing License Required; duration; fee. Upon approval of the site plan submitted to the Planning and Zoning Commission, the person intending to establish a Workforce Housing Site must abide by the following: (a) Application for license. An application for the initial license to operate a Workforce Housing Site shall be made to the City Council of the City of Port Arthur. Such applications shall state the name and address of the person desiring to engage in such business, and if the applicant is a partnership or corporation,the names and addresses of the respective partners and/or directors, and a description of the property, including street address of the premises where such Workforce Housing Site is to be operated so that it can be easily identified. It shall also give the name of the owner of such premises, and such other and further information as may be required by the City. (b) Required; duration. It shall be unlawful for any person to establish, maintain, conduct, or operate any Workforce Housing Site within the limits of the City without first obtaining a license from the City. Such license shall be for the calendar year or any part of such year, ending on December 31 of each year. Application for the renewal of a license shall be made to the building official or designee. (c) Fee. The annual fee for each license or renewal to operate a Workforce Housing Site shall be as follows: For Workforce Housing Sites with one (1)to fifty (50) workforce housing units: Port Arthur-Workforce Housing Page 8 of 11 License Fee $300.00 Annual Renewal $150.00 License Transfer $100.00 For Workforce Housing Sites with more than fifty (50)housing units: License Fee $550.00 Annual Renewal $250.00 License Transfer $150.00 Section 22-644 —Standards for Workforce Housing Sites. Workforce housing shall be designed, installed, and constructed in compliance with all applicable City ordinances, codes, and regulations, and with all applicable state and federal laws, rules, and regulations. The following minimum standards shall be required: (a) That no garbage,junk, litter, debris, unused construction materials, or refuse shall be allowed to accumulate or remain on the Workforce Housing premises; (b) Storage of equipment or materials that are not directly related to the purposes of housing or maintenance of the Workforce Housing is prohibited; (c) That no "Home Business" or"Home Occupation" shall be conducted or allowed to be conducted on the Workforce Housing Site in a manner that causes a public or private nuisance, or in any manner that violates City ordinances; (d) A solid fence at least eight(8) feet in height must be placed on the property line so that the Workforce Housing Site will be buffered from view. The fence will be installed on all sides and at the rear of the property. The fence must be a solid,permanent screening fence or wall made of masonry,metal, or galvanized material. No wood fences are allowed; (e) The maximum density for a Workforce Housing development shall be thirty(30)housing units per one (1) acre; (f) Occupancy shall be limited to two (2)persons per unit at the same time; (g) Each housing unit shall be spaced a minimum of twenty (20) feet apart. Clear access shall be maintained around the perimeter of the housing structures, with no storage, vehicles or other structures permitted between individual housing units. All accessory structures shall be shown on the site plan; (h) The front setback for the housing units shall be a minimum of fifteen(15) feet from the private internal street, or from the fire lane; (i) It is the City of Port Arthur's policy and practice to provide reasonable accommodations to individuals with disabilities. Workforce Housing units shall provide accommodations for persons with disabilities according to the Federal and State ADA requirements; Port Arthur-Workforce Housing Page 9 of 11 (j) All Private streets shall be constructed of a minimum of asphalt and shall be well drained under normal use and at storm event weather conditions. The private streets shall also be constructed to be able to handle fire truck traffic loads of 33,500 pounds minimum, as well as all proper turn radii, and meet fire lane requirements as outlined in the City's adopted fire code; (k) The area designated for the placement of Workforce Housing shall be graded and designed to drain all storm water, surface water in a safe efficient manner. Drainage analysis shall be performed by a licensed professional engineer in accordance to City and Drainage District No. 7 regulations and ordinances and easements for the conveyance of surface water off-site shall be obtained, if necessary. Post development of Workforce Housing Sites shall not impact stormwater pre-development discharges; (1) The water supply system, fixtures, and other equipment must be installed in accordance with applicable codes adopted by the City. A master water meter shall be installed to serve the Workforce Housing Site. Sub-metering or re-metering is not permitted; (m)A backflow prevention assembly will be required in accordance with Chapter 110 Article II, Section 110-36 of the City of Port Arthur, Texas Code of Ordinances; (n) All proposed wastewater service lines shall be connected to the city wastewater system. The city must approve all proposed wastewater plans prior to construction; (o) All Workforce Housing Sites shall be provided with safe and acceptable facilities for the collection and removal of waste and garbage. Storage, collection, and handling will be conducted so as to minimize accidents, health hazards,rodent harborage, insect breeding areas, or fire hazards; (p) Fire hydrants must be located such that each Workforce Housing unit is within six hundred(600) feet from one; (q) The Workforce Housing Site shall meet all code requirements of the International Fire Code, 2015 edition with amendments, as adopted by the City Council of the City of Port Arthur, Texas. This includes but is not limited to fire lane access to the site, as well as providing adequate fire flow; and (r) All housing units and structures in the Workforce Housing Site shall be provided with electrical service. All electrical service shall be underground and installed in accordance with the National Electrical Code. A master electric meter shall be installed to serve the Workforce Housing Site. Sub-metering or re-metering is not permitted. Section 22-645—Filing name of supervisor of Workforce Housing with city building official. The owner or operator of a Workforce Housing Site, before allowing any individuals to reside therein, shall file with the city building official the name of the person who will be managing the Workforce Housing, and who is authorized to act on behalf of the owner or operator. The owner, operator, or designee shall immediately provide written notice to the city building official of any change of the supervisor of Workforce Housing. Port Arthur-Workforce Housing Page 10 of 11 Section 22-646 — Duties of supervisor of Workforce Housing. It shall be the duty of the owner, operator, or Workforce Housing supervisor: (a) To keep at all times a register of all persons staying in Workforce Housing, which register shall be at all times open to inspection by city, state, and federal officers. Such register shall record the names and home addresses of all persons staying in the Workforce Housing,the date of their arrival, date of their departure,the license number of all trailers and automobiles in the Workforce Housing,the name of the state and county in which they are registered, and the trailer unit on which each is located; (b) To maintain the Workforce Housing in a clean, orderly, and sanitary condition at all times including, but not limited to, maintenance of landscaping, fences, or barriers; (c) To require every plumbing fixture in the Workforce Housing to be connected to the sewer during its entire stay in the Workforce Housing; (d) To see that all required lights are kept lighted as provided for in the City of Port Arthur Code of Ordinances; (e) To see that garbage and trash is deposited in trash receptacles and see that all such trash receptacles are collected, cleaned, and redistributed as required by the city code; (1) Not to permit any domestic animal in the Workforce Housing Site unless they meet the requirements of the provisions of the city code pertaining to such animals; and (g) To report promptly to the proper authorities any violation of law which may come to their attention. Section 22-647— Office building required; Workforce Housing register required. A Workforce Housing Site shall maintain an office building in which the Workforce Housing supervisor shall be located. The Workforce Housing register shall be kept in such office at all times. The license required by Section 22-643 shall be conspicuously displayed in the office at all times. Section 22-648—City's Authority to Inspect. The City of Port Arthur, its officials, employees, and designees, including but not limited to the Chief of Police and their designees and the City Engineer and their designees, shall be allowed to enter and inspect the Workforce Housing Site and its facilities at reasonable times for purposes of determining the total number of beds and compliance with this Article and any other law. Section 22-649—Prohibited Housing Types. Recreational vehicles, motor homes, or any other similar type, are prohibited and shall not be used as Workforce Housing units,portable building/structures, or common areas in a Workforce Housing. Port Arthur-Workforce Housing Page 11 of 11