CITY OF LAREDO ORDINANCE NO. 2002-O-273

AN ORDINANCE AMENDING SECTIONS OF THE LAREDO

LAND DEVELOPMENT CODE PERTAINING TO MANUFACTURED HOMES SPACE LEASING, SECTION 24.63.2, PERMITTED USES

AND SECTION 24.93.2, MANUFACTURED HOUSING PARK, AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, Section 24.63.2 of the Laredo Land Development Code addresses Permitted Uses; and,

WHEREAS, Section 24.93.2 of the Laredo Land Development Code regulates Manufactured Housing Parks; and,

WHEREAS, the Laredo Land Development Code does not identify leasing of space for manufactured homes and this ordinance will regulate the use through a Special Use Permit.

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the ordinance; and,

WHEREAS, notice of the proposed ordinance amendment was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the Planning and Zoning Commission on this matter; and,

WHEREAS, the City Council has held a public hearing on October 21, 2002, on the request and finds the ordinance appropriate and consistent with the General Plan of the City of Laredo.

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1. Section 24.63.2. Permitted Uses of the Laredo Land Development Code be and is hereby amended as follows:

Section 2. Section 24.93.2. of the Laredo Land Development Code be and is hereby amended as follows:

Section 24.93.2. Manufactured Housing Park.

(a) Leasing of spaces for manufactured homes shall not be allowed in any zoning district except with a Special Use Permit.

(a) (b) APPLICATION PROCEDURES

Prior to the commencement of any type of construction work pertaining to a mobile home park, the owner or developer of the property shall obtain from the Council a special use permit for a manufactured housing park. He shall, prior to approval, submit to the Commission an application complete with eight (8) copies of the proposed site plan and construction plans that conform to design standards as set forth in this section.

1. Application Form. The application shall be made on a form approved by the Director of Planning, and shall include the following information:

a. The name, address, and telephone number of the applicant and the applicant's agent, if any;

b. The location and area of the proposed manufactured housing park;

c. The number of manufactured homes, mobile homes, trailers or recreational vehicles which the proposed park is designed to accommodate;

d. Restrictions proposed for units placed in the park, including any restrictions concerning the dimensions, make, model or year of manufacture of any manufactured housing unit.

e. The number of parking spaces required and the number of parking spaces provided.

2. Site plan requirements. The site plan shall include the following information:

(a) The location and dimensions of any permanent type house, manufactured or modular home to be occupied by a resident manager; and

(b) The location and dimensions of any commercial uses to provide services for the occupants of the park;

(c) The location and dimensions of any buildings or permanent structures used exclusively to provide services for occupants of the park such as a recreation building, swimming pool and bathhouse, laundry room, mobile home park office, storage rooms, or the like; and

(d) The location and dimensions of any accessory building or structures that are clearly incidental to a mobile home such as a carport, cabana, and the like.

(e) The location and dimensions of any advertising signs provided, however that

1. No signs shall be placed in the interior of the development except for signs located at the entrances to the development.

2. Directional signs to assist in guiding persons to various locations within the park provided that the maximum area of each sign shall not exceed two square feet.

(f) The location and dimensions of all areas for storage of boat and recreational vehicles owned by residents of the park and maintained by the park management.

(g) The proposed placement of all manufactured housing units, mobile homes, trailers and recreational vehicles, and the dimensions of all spaces.

(h) The name, address, and telephone number of the person or firm preparing the site plan.

(i) Proposed access to the site from any public road, including the right-of-way and paving section.

(j) The alignment of all private roads or sidewalks providing access to individual housing sites.

(k) The location and dimensions of all parking areas proposed.

(l). The location of all existing and proposed utility lines and meters, and the source of supply or service for garbage and trash removal, gas, electricity, telephone, sewage disposal, storm drainage facilities, and water.

(m) The location of petrochemical or gas extraction, storage, transportation, or transmission facilities located within five hundred (500) feet of the proposed project.

(n). Details of proposed landscaping, fencing or other physical improvements designed to protect individual privacy or to mitigate the adverse effects of noise, vibration, heat, dust or housing density.

3. Construction Plans. Construction plans for the proposed manufactured housing park shall include:

(a) A contour map and drainage plan which shall be submitted to the City Engineer for his review and approval

(b) Plans and specifications for any public or private street construction which shall be submitted to the City Engineer for his approval.

(c) Plans and specifications for any water and sewer facilities which shall be submitted to the Laredo Water Works System for approval. Fire hydrant locations shall conform to the requirements of the Laredo Fire Department.

Once a set of manufactured housing park plans showing the proposed development has been submitted with an application for a manufactured housing park and approved by the council, such plans shall be considered as an integral part of the application, and development of the park shall be in accordance with the plans as approved. Any change in plans or deviation therefrom shall not be permitted unless a new application with revised plans is filed and another processing fee is paid, and a new manufactured housing park plan approval is issued for the property involved.

(b) (c) DESIGN STANDARDS.

Manufactured housing parks shall meet the following design standards:

(1) A manufactured housing park shall include spaces for not less eight than (8) manufactured housing units and/or recreational vehicle lots.

(2) All manufactured housing parks shall have direct access to one or more public streets.

(3) The design and construction of the interior street system shall be sufficient to adequately serve the size and density of the development and shall be approved by the City Engineer. All streets and areas designated for resident or visitor parking or storage shall be paved. Streets which are to be dedicated to the public shall be dimensioned and improved in accordance with general subdivision regulations. The design and construction of private streets shall have a minimum width of 30 feet.

(4) Not less than 0.01 acres per manufactured housing unit space shall be reserved for recreational and open space uses. A credit against open space requirements not to exceed 50% of the total requirement may be approved for permanent recreational improvements accessible to all units. The value of the credit shall be established based on $35,000 per acre.

(5) Each manufactured housing unit shall have a dedicated space of not less than 3,500 square feet for single-wide units and 4,500 for double wide units. Smaller spaces may be allowed with the approval of the Planning & Zoning Commission and the City Council, provided however, that spaces which do not meet the area requirements are specifically limited to units which meet all setback and building code requirements. Recreation camps included in a Special Use Permits shall have not less than 500 feet of dedicated space per camping unit.

(6) There shall be a minimum clearance of not less than fourteen (14) feet between individual manufactured housing units or other buildings which are not accessory to the manufactured housing unit itself.

(7) Not less than two paved off-street parking spaces shall be provided per manufactured housing unit space. If recreation camps are included in the Special Use Permit, there shall be not less than one paved parking space per unit required.

(8) Each manufactured housing unit pad shall be provided with a level and stable base upon which to place the mobile home as recommended by the Federal Housing Administration.

(9) Anchors and tie-downs for manufactured housing units shall be in accordance with applicable building codes.

(10) Each manufactured housing unit shall be skirted within 90 days after its placement. Skirting shall be of a type approved by the Building Standards Board of the City of Laredo.

(11) Not less than two (2) trees per manufactured housing unit space shall be provided. The trees may be planted in any location, provided however, that all trees planted or existing trees preserved for purposes of compliance with this section shall be protected from inadvertent damage occasioned by motor vehicles or mobile home relocation by mean of curbs, curb-stops or other reasonable methods which shall be approved by the city.

(12) The front setback requirements for all manufactured housing units shall be ten (10) feet from the paving section of any private street or roadway. Setbacks from public streets and roadways shall conform to the requirements of the R-3 (Mixed Residential Zoning District).

(13) Electrical service to all manufactured housing units or recreational vehicles shall be installed underground in accordance with the underground service policy of the electric utility. Primary, secondary and street light conductors shall be located in dedicated utility easements. The Planning & Zoning Commission may recommend variances to this requirement, provided however, that no variance may be given which would compromise the standards set forth in adopted building codes. The Planning & Zoning Commission may require specific mitigation as a condition of granting a variance.

(14) The manufactured housing park shall be screened by means of an opaque fence of not less that seven (7) feet in height in conformance with the requirements of Section 24.79.2 Fencing and Screening - Other requirements from any adjacent non-residential use. The Planning & Zoning Commission may recommend variances to this requirement, provided however, that no variance may be given which would compromise the standards set forth in adopted building codes. The Planning & Zoning Commission may require specific mitigation as a condition of granting a variance.

(c) (d) EXCEPTIONS

More than one, but not more than three manufactured homes in place on May 30th, 1993 which are located on a platted lot in an R-3 (Mixed Use Residential District) zone with direct access to a paved public street at least one of which is owner-occupied. In addition to meeting all building, off-street parking, and front set-back requirements, the following is also required:

(1) A paved parking area for not less than two motor vehicles per manufactured housing unit; and

(2) Paved walkways and a paved patio of 100 square feet adjacent to each manufactured housing unit; and

(3) The placement of a permanent stabilized base for each manufactured housing unit and anchoring pursuant to standards established by the Department of Housing & Urban Development; and

(4) Skirting of each unit immediately or within ninety days of placement; and

(5) Screening from adjacent property by means of an opaque fence of not less than seven feet in height in conformance with the requirements of Section 24.79.2 Fencing and Screening - Other requirements..

(d) (e) OTHER PROVISIONS

All non-conforming mobile home developments continuing in existence after August 9, 1993 are deemed illegal and the property shall be converted to another land use, unless the development has obtained a special use permit. It is specifically provided, however, that no person or entity shall be prosecuted for the failure to comply with the provisions of this section before August 9, 1994. If applicant, in making application for a Special Use Permit proposes a specific schedule for making the improvements required under this section, and such schedule is approved by the City Council, it shall be deemed to be a part of the Special Use Permit, and applicant shall be bound thereby in the same manner as all other requirements of the permit. If no schedule is proposed or submitted, no moving permit shall be issued for any manufactured housing unit until and unless all improvements are in place. No moving permit shall be issued for the placement of any manufactured housing unit unless all improvements required under the terms of the Special Use Permit are in place for the space to be occupied. The parking of recreational vehicles in spaces designated for manufactured housing units shall constitute a violation of the Special Use Permit, rendering such permit void.

(e) (f) The conditions and requirements of a Special Use Permit may be amended only by action of the Council, following review by the Planning & Zoning Commission. The Board of Adjustment shall have no authority to permit variances or amendments to the terms of an approved Special Use Permit.

Section 24.93.2.1. RECREATION CAMP

The special use permit may include provisions for campground areas that are designed for use by tents, recreational vehicles, or other similar camping structures. These areas shall not be located in any sections designed for the placement of manufactured housing units. Areas designed for tent camping and recreational vehicles shall be indicated on the special use permit. Areas set aside for tent camping and recreational vehicles shall be excepted for the requirements of open space. required under Section 24.93.2 subsection (b)(4) (c) (4)

Section 3. This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

Section 4. This ordinance shall become effective as and from the date of publication specified in Section 3.

Section 5. Severability- If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of the same to any person or set of circumstances ifs for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of an other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose.

Section 6. Open Meetings- The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meeting Law, Texas Government Code, Section 551.001 ET.AT.; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter approves and confirms such written notice and the contents and posting thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE

__________ DAY OF ____________, 2002.

______________________________

ELIZABETH G. FLORES

MAYOR

ATTEST:

__________________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

__________________________

JAIME FLORES

CITY ATTORNEY

__________________________

BY: ALLAN W. MCGRAW

ASSISTANT CITY ATTORNEY