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14-Deliberate and act on ordinance extending the moratorium on the issuance of permits under the City Code of OrdinancesCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11/06/09 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Corrunission Engineering, Planning and 14. 11 /09/09 Develo ment RECOMMENDED MOTION: Move to invoke the supermajority rule and move to approve an ordinance extending the moratorium on the issuance of permits under the City Code of Ordinances and specific use permits under the City Zoning Ordinance for the placement of mobile homes or HUD-Code manufactured homes on any property located within the corporate city limits of the City of Paris. POLICY ISSUE(S): HUD-Code Manufactured Housing Subdivision Ordinance BACKGROUND: A subcommittee of the Planning and Zoning Commission (P&Z) has completed its work in developing a HUD-Code Manufactured Housing Subdivision Ordinance. The ordinance was presented to P&Z in June and advised that other sections of the Code of Ordinances need to be revised so the proposed ordinance can be implemented. The proposed ordinance will impact several sections throughout the Code of Ordinances which, in turn, will also have to be amended. For example, the ordinance as written will need to be worked into the existing subdivision regulations (Appendix `B') and the zoning ordinance (Appendix `C') will need to be revised to show that all homes that fall into this category must be placed in a HUD-Code Manufactured Housing Subdivision. The current moratorium expires on November 18, 2009. The proposed ordinance was presented to City Council on November 2, 2009, at a Special Meeting of the City Council and Council direction was to extend the moratorium for a period to be determined. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance Y7'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities I City of Paris Revised 2/04/08 92 DRAFT attorney\ordwork\current\Mobile Home Moratorium Ord 11-9-09 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, EXTEIVDING AN ADDITIONAL O1VE HUNDRED EIGHTY (180) DAY MORATORIUM ON THE ISSUANCE OF PERMITS UNDER THE CITY CODE OF ORDINANCES AND SPECIFIC USE PERMITS UNDER THE CITY ZOIVING ORDINANCE FOR THE PLACEMENT OF MOBILE HOMES OR HUD-CODE MANUFACTURED HOMES ON ANY PROPERTY LOCATED WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO WORK WITH THE PLANNING & ZONING COMMISSION TOWARD DEVELOPING NEW REGULATIONS FOR MOBILE HOMES AND HUD-CODE MANUFACTURED HOMES TO BE PRESENTED TO THE CITY COUNCIL; PROVIDING A PENALTY CLAUSE, SAVINGS CLAUSE, REPEALER CLAUSE, SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 1201.003 of the Texas Occupations Code defines a mobile home as a structure constructed before June 15, 1976; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the travelling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet in size, and includes the plumbing, heating, air conditioning and electrical systems of the home; and WHEREAS, the City Zoning Ordinance, Ordinance No. 1710, allows mobile homes to locate in a One-Family Dwelling District (SF-3) with a specific use permit approved by the City Council of the City of Paris, WHEREAS, a HUD-code manufactured home is defined by State law as a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode is at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; includes the plumbing, heating, air conditioning and electrical systems of the home; and does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g); and WHEREAS, because the Ciry Zoning Ordinance has not been updated to recognize the distinction found in state law between mobile homes and HUD-code manufactured homes, the City Zoning Ordinance contains no definition or regulations applicable to HUD-code manufactured homes; and WHEREAS, state law allows cities to prohibit the placement of any new mobile homes inside their city limits, but it requires municipalities in Texas to provide at least one zoning district in their city which allows HUD-code manufactured homes to be located. The City of Paris currently has few regulations related to mobile homes. A zoning change with a specific use permit is all that is required, and they are currently located throughout the city. There are no provisions in the City Zoning Ordinance regulating HUD-code manufactured housing, so such housing is currently permitted in any area of the City; and, WHEREAS, on May 12, 2008, the Planning and Zoning Commission adopted a new Comprehensive Future Land use Map for the City of Paris which designated certain areas of the City for possible future development of manufactured housing; and, WHEREAS, on or about October 6, 2008, the Planning & Zonning Commission created a Manufactured Housing Study Committee to study the Future Land Use Map and Zoning Ordinance of the City of Paris and to develop draft regulations for HUD-Code Manufactured Housing; and, WHEREAS, on June 1, 2009, the Manufactured Housing Study Committee completed their work and presented recommendations to the City's Planning and Zoning Commission; and, WHEREAS, following the presentation by the HUD-code Manufactured Housing Study Committee, the Planning and Zoning Commission directed staff to make certain revisions to the proposed regulations before presenting an ordinance to City Council; and, WHEREAS, on November 2, 2009, the City Council conducted their first workshop and discussion on the proposed HUD-code Manufactured Housing Regulations and have requested the Manufactured Housing Study Committee to attend the next workshop session to provide more information and detail about the committee's recommendations; and, WHEREAS, the City Council needs additional time to review and consider the recommendations received from the HUD-code Manufacturing Housing Study Committee and Planning and Zoning Commission and to work with City staff to develop an appropriate ordinance and amendments to the City Zoning and Subdivision ordinances; and, WHEREAS, the City Council hereby finds and determines that in order to protect the status quo and to prevent the hurried and haphazard construction of mobile homes and HUD-code manufactured homes throughout the city without thoughtful and proper regulation, it is necessary to extend the current moratorium (which expires IVovember 18, 2009), an additional 180-days on the issuance of permits or specific use permits for mobile homes and HUD-code manufactured homes to be located in the corporate city limits of the City of Paris, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That for a period of one hundred eighty (180) days from and after the expiration date of the current moratorium (November 18, 2009), no application for a permit under the City Code of Ordinances or International Building Code, nor application for a specific use permit under the City Zoning Ordinance, shall be accepted for the - ~ - 9 lx placement of a mobile home or HUD-code manufactured home upon any property located within the corporate city limits of the City of Paris, Texas. Section 3. That during the term of this moratorium, City staff is hereby directed not to accept any applications for permits for a mobile home or HUD-code manufactured home under the City Code of Ordinances or International Building Code; or application for a specific use permit under the City Zoning Ordinance on any property located in the corporate city limits of the City of Paris, Texas; any documents received purporting to apply for such a permit shall be returned to the applicant along with a copy of this ordinance and any application for a permit declined for processing pursuant to this ordinance shall be considered administratively incomplete. Section 4. That the City Manager, City Attorney, and City staff shall be and are hereby instructed during the term of this moratorium to work with the City Planning Commission to develop regulations for locating, permitting and regulating mobile homes and HUD-code manufactured homes within the City of Paris, Texas and to present said regulations to the City Council for their future consideration and adoption. Section 5. That this ordinance does not prohibit and shall not be construed to prohibit the granting of any permit for a mobile home or HUD-code manufactured home in any circumstance in which a properly completed, administratively complete application for said permit was submitted in accordance with all applicable City rules and regulations prior to the effective date of this ordinance. Section 6. That the moratorium created by this ordinance shall remain in full force and effect for a period of one hundred eighty (180) days from and after the end of the existing moratorium (November 18, 2009) which will extend the moratorium to May 17, 2010, unless earlier repealed by an official act of the Paris City Council or extended by an official act of the Paris City Council. Section 7. That any person, association, corporation, partnership, limited liability company, or other legal entity that places a mobile home or HUD-code manufactured home within the city limits of Paris, Texas during the term of this moratorium, except as authorized herein, commits an offense which is punishable by a fine of up to $2,000.00 per violation; each day or portion thereof during which a violation of this ordinance continues shall be deemed a separate violation. Section 8. That there is hereby established a variance and appeal process from the provisions of Section 2 of this ordinance dealing with applications for permits or specific use permits for mobile homes and HUD-code manufactured homes during the moratorium. The City Manager, or his authorized designee, is hereby authorized to receive and consider a variance request from any person or entiry desiring to place a mobile home or HUD-code manufactured home in the City of Paris which would be subject to the restrictions of Section 2 of this ordinance. As justification for a variance, the applicant must be able to demonstrate unique circumstances and/or substantial hardship caused by the restrictions of Section 2 of this ordinance. The burden of proof shall be on the applicant. The City Manager or his designee may, at their discretion, conduct an informal hearing or decide whether or not to grant the variance solely on the basis of the application and written material provided by the applicant. The City Manager or his designee may request additional information. Following receipt and review of a complete ~ 9 5) variance application and/or completion of the informal hearing, the Ciry Manager or his designee shall render a decision on the variance request within five (S) business days and advise the applicant accordingly. The City Manager or his designee may grant, deny, or modify and grant any variance request. Any applicant dissatisfied with the Ciry Manager's or his designee's decision may appeal this decision by appearance on the agenda of the next regularly scheduled City Council meeting for which an appearance may be scheduled in accordance with the notice requirements of the Texas Open Meetings Act and the City's agenda process. The request for appeal must be presented in writing to the City Clerk within three (3) calendar days of the date the applicant is notified of the Ciry Manager's or his designee's decision. Any mobile home or HUD-code manufactured home for which a variance is granted must still comply fully with the City's current mobile home or HUD-code manufactured home regulations and all other applicable ordinances. Section 9. That any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an amount not to exceed $2,000.00. Each day or portion thereof during which a violation of this ordinance shall continue shall constitute a separate offense. Section 10. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 11. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 12. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validiry of any other portion of this ordinance. Section 12. That by a supermajority vote of _ ayes and _ nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 13. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on this 9th day of November, 2009. Jesse james Freelen, Mayor ATTEST: Janice Ellis, City Clerk - - _ 9 E> APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - - - q ;