HomeMy WebLinkAboutMinutesTransportation Plannef Hard stated that this issue has also- been reviewed. by the. City's 'legal
department. They indicate that. the. City can set aside. certain times when vehicles can. park in bike Ganes,
but that: the City has a legal duty to warn cyclists of the change. This amendment could be viewed as a
compromise solution between the need for on-street parking and the desire for bike lanes. The City's
Parks and Police Departments are in favor of this :change. "~
Chairman Hawthorne stated that he has a real problem with changing. the ordinance to .allow parking
within bike lanes. It appears that when parking is needed in these areas, people are also riding their
bikes. He stated that the City should reassess the goals of bike ways before making such a change in the
ordinance.
Commissioner Lightfoot stated `that he understands the need for bike lanes; however, he also respects
the needs. of the City and the Police. department.. The proposed ordinance, would allow the City the
flexibility to regulate the times at which parking could or could not occur within bike lanes. It does not
mean that parking will be allowed in bike lanes throughout the: City; however, it allows the City to use
its discretion when they feel the. parking is needed.
Commissioner Garner moved to recommend approval of the proposed ®rdinance amendment.
Commissioner Massey seconded the motion which passed unopposed (5 - 0).
AGENDA ITEM'N®. 10: Discussion of the Mobile. Home Park Ordinance and Section 7 of
the Zoning Ordinance. '(96-804) ~
Planning .Intern Evans informed the Commission that very recent additions to the Texas Manufactured
Housing Act have rendered the city's regulations pertaining to mobile homes void. The: act defines
mobile homes separately from manufactured. homes and has separate provisions for both. A
municipality cannot change-.the definitions. Essentially, a "mobile home" is any transportable structure
built before June. of 1976, built on a chassis, is at least 8' X 40', and can be used with or without a
permanent foundation.. A "HUD-code manufactwed home" is any transportable structure built after
1976, is at least 8' X 40 ;and is either with or without a permanent foundation. The problems with our
current regulations are that we do not have provisions for a manufactured home, and have in the interim
had to allow several. in R-1 zoned areas because the manufactured home is not distinguishable from the
single family home as our ordinances currently...read.
As staffunderstands it,.here's what a city can and cannot do:
(1) A city can completely ban anyadditional mobile homes in the city. Preexisting mobile
homes are grandfathered. `
(2) A city must allow HUD-code manufactured homes in a city.
(3) A city can regulate the location of HUD-code manufactured housing. ,
(4) A city may. require a permit ..for the use and occupancy of a HUDmcode manufactured
home, which is automatically approved. within 45 days. unless the city denies the permit in
writing.
P & ~ Minutes August 1, 1996 Page 8 of 10
e
(5) A city may not. require any permits fee, bond,. or insurance for the transportation or
installation of a HUDmcode manufactured home if that installation is performed by .a
registered retailer orinstaller.
(6) A :city can designate through TXDOT the r®utes to be used:: in transporting they units.
Planning Intern Evans stated that there is a case pending that may determine whether or not a city can
distinguish among the different types of manufactured homes in establishing: their location. If the City
®f College Station'.. provides for` a variety. of opportunities for these .types of homes, we should be on
fairly good; legal ground. Staff is bringing his issue forward with slides of examples of manufactured.
homes. to gain direction from the Commission for an ordinance amendment to regulate the location and
minimum standards bylocation'for this relatively new land use. Planning Intern Evans presented several
slides of various manufactured homes and made the following recommendations:
(1) ' Amend the R-7 zoning district to become aManufactured -Home Parke District which
would allow for parks, subdivisions and single lots.
(2) Allow manufactured housing in both R-1 and It lA zoning districts only as a conditional
use permit.
(3) Allow manufactured. housing in A O, A-OX and A-OR as a permitted use.'..
(4) Allowing manufactured. housing within a Planned Unit Development (PUD) would
require no changes to existing ordinances.
(5) Prohibit mobile homes as currently defined (pre-1976).
The Commission discussed the presentation and made the following recommendations:
(1) The consultants for the Comprehensive Plan should examine this issue further and make
specific recommendations for dealing with manufactured housing including where they
should be located throughout the City.
(2) The current R-7 Mobile Home zoning district should be rewritten to allow manufactured
housing as well as mobile homes.. The revised ordinance should also include definitions
of manufactured and mobile homes.
(3) Manufactured housing should~not be allowed in R-1 or R-lA zoning districts.
(4) Manufactured housing should be allowed in agricultural areas.
(5) Aesthetic controls should be developed ,.for all. manufactured housing regardless of
zoning district to deal with the overall appearance. Aesthetic controls should even be
applied in R 7 zoning districts to improve the quality and character. of the neighborhood.
(6) A Planned Unit Development (PUD) could be used to create a manufactured housing
developme~.
P & Z Minutes August 1, 1996 Page 9 of 10
X^ Regular Item
® Consent Item
Statutory Item
Item Submitted By: Sabine McCully, Senior Planner
For Council Meeting Of: 9-26-96
Director Approval:
City Manager Approval
Ends Statements /Strategic Issues: Ends Statement # 8: Civic Pride. Citizens benefit from well planned,
attractive residential and commercial areas.
Item; Public .hearing and consideration of an ordinance amendment to define manufactured homes and
list them as permitted uses under the A-O, AO-X, and R-7 zoning districts. (96-804)
Item Summary: Very recent additions to the Texas Manufactured Housing Act have rendered our
regulations pertaining to mobile homes void. The act defines mobile homes separately from manufactured
homes. and has separate provisions for both. A municipality must adopt the definitions and must provide
for a reasonable amount of land devoted to the use of manufactured homes within the city limits. The act
and subsequent court findings .have held. that municipalities are restricted from applying certain local
ordinances to manufactured homes. However, cities may restrict their locations to certain zoning districts
and may apply setback restrictions.
Due to the fact that the current ordinances do not effectively define manufactured homes separately from
single, family homes, Staff has been obligated to approve these homes in single family areas. The draft
ordinance will specifically define manufactured homes separately from single family homes and will allow
them'' in the agricultural and mobile home park zones only.
Financial Summary: N/A
Staff Recommendation: Staff recommends approval.
City Attorney Recommendation: See opinion.
Council Action Desired: Approval or denial of amendment.
Supporting Materials:
1. Ordinance
2. Legal opinion
4. Staff memo
3. P&Z minutes
o:~groupldeve_ser~cvsht~96-804.doc