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Item 8E City of Southlake Department of Planning MEMORANDUM March 28, 2002 TO: Honorable Mayor and City Council Members FROM: Bruce Payne, AICP, Planning Director SUBJECT: Ordinance No. 480-NN – AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO. 480, as amended, Section 29 “MH – Manufactured Housing” district, Section 34 “Accessory Uses” and Section 44 “Board of Adjustments”. _____________________________________________________________________________________ REQUESTEDACTION: Consider first reading of proposed Ordinance No. 480-NN regarding the “MH - Manufactured Housing” district and associated areas of the “Accessory Uses” and “Board of Adjustments” sections of the Comprehensive Zoning Ordinance No. 480, as currently amended. APPLICANT: Four Peaks Development, Inc. BACKGROUND: The purpose of this request is to allow detached single family residential The purpose of this request is to allow detached single family residential dwellings, or “Site Built” structures within the “MH” Manufactured dwellings, or “Site Built” structures within the “MH” Manufactured Housing zoning district and to include the “MH district in the list of Housing zoning district and to include the “MH district in the list of accessory uses and special exception uses that are normally associated with accessory uses and special exception uses that are normally associated with single family dwellings. The “MH” district currently permits only single family dwellings. The “MH” district currently permits only Manufactured Homes, Mobile Homes and Modular or Prefabricated Manufactured Homes, Mobile Homes and Modular or Prefabricated Homes within the list of permitted residential uses. Homes within the list of permitted residential uses. Changes to setbacks, plan requirements and the effects residential Changes to setbacks, plan requirements and the effects residential adjacency are also proposed. The Ordinance Attachment ‘A’ includes staff adjacency are also proposed. The Ordinance Attachment ‘A’ includes staff comments and recommendations comments and recommendations FINANCIAL CONSIDERATIONS : None LEGAL REVIEW: Currently under review by the City Attorney's Office. No comments have been received. 1 SUPPORTING DOCUMENTS: Attachment A - Proposed Ordinance Changes with Staff Comments Attachment B - Applicant’s Comments P&Z ACTION: March 21, 2002; Approved (4-1) incorporating staff recommendations under (5. f.) and (5. h.), Attachment A, Page 2. BP/dkk Attachments (2) N:\Community Development\WP-FILES\MEMO\2002cases\Ordinance 480-NN.doc 2 ORDINANCE No. 480-NN PROPOSED MODIFICATIONS TO SECTION 29 (and related areas) “MH” MANUFACTURED HOUSING DISTRICT 1. Section 29.1 is unchanged. Staff Comment: Staff recommends adding language to address the permissibility of single family detached dwellings 2. In Section 29.2, we suggest the following modifications (changes are highlighted): 29.2 PERMITTED USES a. Residential Uses. 1. Manufactured Homes as defined by state statute (Tex. Rev. Civ. Stat. Ann., Art 5221f, Sec 3 [Vernon, 1987]). 2. An existing mobile home, as defined by state statute (Tex. Rev. Civ. Stat. Ann., Art 5221f, Sec. 3 [Vernon, 1987]), which was previously legally permitted and used or occupied as a residential dwelling, shall be a legal nonconforming use. Permits for use and occupancy will be granted for the replacement of such mobile homes with a HUD-Code Manufactured Home, pursuant to Tex. Rev. Civ. Stat. Ann., Art 5221f, Sec. 4A (Vernon, 1987). 3. Modular or prefabricated housing 4. Single Family Detached Dwelling (constructed on site) Staff Comment: This will allow a site built single family structure within a manufactured housing or mobile home development. b. Community Facility Uses - City hall, police and fire stations and other municipal uses. 3. Section 29.3 is unchanged. 4. Section 29.4 is unchanged. 5. In Section 29.5, we suggest the following modifications (changes are highlighted): 29.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: Ord. 480-NN Attachment A Page 1 a. Height: No building or structure hereafter erected, reconstructed, altered or enlarged shall exceed two and one-half (2-1/2) stories, nor shall it exceed thirty-five (35) feet. b. Front Yard: There shall be a front yard of not less than twenty-five (25) fifteen (15) feet. Corner lots shall have a minimum side yard of fifteen (15) ten (10) feet on the second front yard. c. Side Yard: There shall be a minimum side yard requirement of not less than fifteen (15) five (5) feet on all lots, except that corner lots may have a minimum side yard of five (5) feet on the side yards adjacent to interior lots (As amended by Ordinance No. 480-U.) d. Rear Yard: There shall be a rear yard having a depth of not less than fifteen (15) feet. e. Only one residential structure may be placed upon an approved lot. f. Lot Area: The minimum area of a lot shall be six thousand (6,000) square feet, provided that where a lot has less than herein required and was of record and in separate ownership at the time of passage of this ordinance, this regulation shall not prohibit the erection of a mobile home or manufactured home or single family detached dwelling. The minimum lot area for property not served by a sanitary sewer shall be determined by the Zoning Board of Adjustment to provide adequate septic tank drainage. Staff Comment: Staff recommends changing ‘…at the time of passage of this ordinance…’ to ‘…at the time of passage of the original Ordinance No. 480 …’ g. Width of Lots: The width of a lot shall be a minimum of sixty (60) feet at the building line. h. Floor Space: The main residence shall contain a minimum of one thousand two hundred fifty (1,250) square feet of livable floor space, exclusive of garage, porches and breezeways, and incidental storage areas. Staff Comment: Staff recommends adding a Maximum Lot Coverage and a Maximum Accessory Building Area regulation. This district does not currently have this regulation. Due to the minimum lot size permitted in this district, staff believes a maximum 50% Lot Coverage is appropriate. This would allow up to 3,000 square feet of aggregate building coverage on a minimum 6,000 sf lot. A maximum Ord. 480-NN Attachment A Page 2 sum total of 600 sf of accessory building per lot. This is in line with the SF-20 single family residential district. 6. Delete Section 29.6 and replace with "Intentionally Deleted". Staff Comment: This is the section requiring that this district meet the “Residential Adjacency Standards”. The primary requirements that would affect construction in the “MH” district are masonry requirements, and articulation requirements. Since manufactured homes and mobile homes are not typically masonry nor articulated in their design, staff recommended deletion of this section. 7. In Section 29.7, we suggest the substitution of a Concept Plan (as with other single family residential districts) for the whole rather than approval of a Site Plan for each lot: 29.7 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zoning to an MH Manufactured Housing district. Staff Comment: This is another recommendation made by the city staff. The current ordinance requires approval of a site plan by the Planning and Zoning Commission and City Council, for each lot, prior to issuing a building permit. Due to the limited scope of development on these type lots, we did not feel that there was much to gain by the Site Plan requirement. Staff feels that a more appropriate requirement would be a Concept Plan approval along with any request for ”MH” zoning. This is similar to the requirements of the “SF-20” and “SF-30” single family residential districts. 8. Section 29.8 is unchanged. 9. Section 34, ACCESSORY USES, is modified by adding "MH" as a District where each of the following Accessory Uses is permitted: g. Lanais, gazebos, etc. i. Home occupation uses, as defined by this ordinance. j. Parking and storage of private boats, etc. k. Model and/or sample homes, etc. Staff Comment: This adds the “MH” district to the list of accessories normally associated with a residential property. 10. The Special Exception Uses in Section 44, BOARD OF ADJUSTMENT, are modified by adding "MH" as a District where each of the following Special Exception Ord. 480-NN Attachment A Page 3 Uses is permitted (assuming that such use is approved in accordance with the terms and conditions of the Ordinance): 3. The construction of accessory buildings or structures of a size or aggregate size greater than that permitted under the accessory building requirements of the zoning district in which the property lies. 5. In-home day care per state regulations. 6. In-home swimming lessons. Staff Comment: This adds the “MH” district to the list of special exception uses normally associated with a residential property. Ord. 480-NN Attachment A Page 4 Ord. 480-NN Attachment B Page 1