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HomeMy WebLinkAboutA004 - Council Action Form dated July 14, 1992 I ITEM #: 16 DATE: K COUNCIL ACTION FORM SUBJECT: Motion to Set July 28, 1992 as the Date of Public Hearing to Consider a Request to Approve Amendments to Section 29.20 of the Zoning Ordinance to Allow "Garages" as Accessory Buildings in Mobile Home Parks, to Delete the Requirement for "Storm Shelters" in Mobile Home Parks, and to Allow the Placement of Awnings and Raised Decks Within the Thirty (30) Foot Setback Area in Mobile Home Parks. ACTION FORM SUMMARY: This is a request to approve amendments to the zoning ordinance requirements for mobile home parks. City staff agree with the proposed amendments to add "garages" as permitted accessory buildings and to allow the placement of awnings and raised decks inside the required thirty (30) foot setback area. The Planning and Zoning Commission and staff recommend that the requirement for "storm shelters" be retained in the Zoning Ordinance for the safety of residents in mobile home parks. BACKGROUND: The owner of Meadow Lane Mobile Home Park has requested three amend- ments to Section 29.20. 11R-5" (Mobile Home) District, of the Municipal Code. 1. An amendment to add "garages" as a permitted accessory build- ings. 2. An amendment to delete the requirement for "storm shelters" in mobile home parks. 3. An amendment to allow the placement of raised decks and awn- ings in the required setback area. These three amendments are being requested at this time in conjunction with a proposed three (3) acre expansion of Meadow Lane Mobile Home Park. City Council referred this request to City staff at their meeting on May 12, 1992. 2 ANALYSIS: 1. The following ordinance amendments are necessary to add "garages" as permitted accessory buildings: Existing Text: Section 29.20. 11R-5" (Mobile Home) District. (5) Permitted Accessory Uses. The following accessory uses are permitted so long as such uses are incidental to and operating as an integral part of the mobile home park. (a) Certain accessory buildings or structures which are comple- mentary to the mobile home such as carports, cabanas, patio awnings, porches, and storage buildings. Accessory structures shall not obstruct required openings for light and ventilation and shall not prevent inspection of mobile home equipment and ventilation. Proposed Text: (5) Permitted Accessory Uses. The following accessory uses are permitted so long as such uses are incidental to and operating as an integral part of the mobile home park. (a) Certain accessory buildings or structures which are comple- mentary to the mobile home such as carports, cabanas, garages, patio awnings, porches, and storage buildings. Accessory structures shall not obstruct required openings for light and ventilation and shall not prevent inspection of mobile home equipment and ventilation. Explanation: The word, "garages", was added to the list of permitted accessory uses. Existing Text: (18) Design and Development Requirement. Mobile home parks shall provide the following minimum requirements: (f) A minimum setback between mobile homes or permanent buildings within the mobile home park shall no be less than twenty (20) feet. If structural additions to a mobile home are anticipated, design distances between mobile homes must be computed in anticipation that the addition is already a part of the mobile home. Proposed Text: (f) A minimum setback between mobile homes or permanent buildings within the mobile home park shall no be less than twenty (20) feet, except in the case of a detached garage. If structural additions to a mobile home are anticipated, 3 design distances between mobile homes must be computed in anticipation that the addition is already a part of the mobile home. A detached garage may be permitted in the twenty (20) foot setback area, provided a minimum of six (6) feet is maintained between structures. Explanation: The change in the text addresses minimum setback require- ments for detached garages. The six (6) foot setback is the same as the side yard requirement for a one-story single-family dwelling. If a building is placed closer than five (5) feet to the lot line, additional fire protection techniques must be taken to be in compliance with the building code. Existing Text: (18) Design Development Requirement. Mobile home parks shall provide the following minimum requirements: (h) Open space depth. (i) The open space depth on any side of the mobile home which does not have the paved outdoor living area or face the street shall have a depth minimum of ten (10) feet. (ii) The open space depth which has the paved portion of an outdoor living area shall have a minimum depth of fifteen (15) feet, plus 10% of the length of the mobile home stand. Proposed Text: (h) Minimum Setback and Size Requirements for Detached Ga- rages and Accessory Buildings. (i) The minimum required setback for detached garages and buildings that are accessory structures shall be twenty (20) feet from the street, twenty (20) feet from the rear of the structure to the next structure, and six (6) feet between structures on the side. (ii) The maximum gross floor area for a detached garage or other accessory building shall be six hundred (600) square feet. Explanation: Regulations for "open space depth" have been deleted and replaced with minimum setback requirements for detached garages and accessory buildings. The maximum size of 600 square feet is sufficient in size for two vehicles. The "open space depth" requirement makes it difficult to place accessory buildings in this open space. Proposed setback requirements for detached garages and accessory buildings control the amount of open space. The minimum setback of twenty (20) feet from the street is necessary to allow adequate space to park a vehicle on the drive- 4 way in front of the garage. The setback of twenty (20) feet between the structures is one-half of the minimum required setback for R1-6 (Low-Density Residential) districts, since R1-6 zoning requires a minimum of twenty (20) feet to the property line which equates to forty (40) feet between structures. Proposed Text: (i) Written Agreement Addressing Ownership of Detached Garages and Other Accessory Buildings. (i) Prior to the issuance of permits for the construction of a detached garage and other accessory buildings, a signed agreement between the owner of the mobile home park property and the owner of the mobile home that addresses ownership of the proposed building, must be submitted to the City for approval. 2. The request under consideration includes deleting the zoning ordi- nance requirement for "storm shelters" in mobile home parks: Existing Text: Section 29.20. "R-5" (Mobile Home) District (6) Storm Shelters. A structurally adequate storm safety facility capable of providing adequate shelter from tornadoes and other forms of severe weather for all mobile home park residents shall be provided. The minimum floor area for the storm shelter shall be fifteen (15) square feet per mobile home unit and each shelter shall provide restroom facilities. This facility may serve in a dual capacity as an indoor recreation facility and be included in computations required by subsection (10) . Proposed Text: There is no change proposed to this section of the ordi- nance. The owner of Meadow Lane Mobile Home Park is requesting that Section 29.20(6) be deleted. Explanation: The person making the request to delete this requirement offers the following justification: Ames is somewhat unique in this requirement. National site develop- ment standards from the Department of Housing and Development, which are applied to areas that have no local code, have no such requirement. Other Iowa cities, including Des Moines, Iowa City and Cedar Rapids, have no such requirement. Mobile homes are subject to state regulations that require tie-down systems that anchor mobile homes below frost level. This system provides a high level of stability and load/wind bearing capacity for the structure. 5 Other forms of housing (i.e. , wood frame single-family homes, apart- ment and condominium buildings) that do not have basements have no requirements for separate storm shelter facilities. With adequate load bearing structural capacities, mobile home developments are unfairly singled out for storm shelter requirements. There may be serious liability issues if storm shelters in use by residents do not provide full protection in a very severe storm. There is always the possibility that a resident could file suit against the landowner and the City in case of injury. Mobile homes are seen as a very viable form of affordable housing in this community. The costs and economic feasibility for development of mobile home parks are further compromised with inclusion of require- ments that add unnecessary costs to the project. There is also the issue of whether residents would in fact utilize shelters in a severe storm. Even if such a facility were to be pro- vided, most residents would not likely make use of the shelter for protection. City staff have contacted other Iowa cities and the Planning Advisory Service (P.A.S.) in Chicago, Illinois to determine if other cities require storm shelters in mobile home parks. All but one of the cities contacted do not require storm shelters. Mason City, Iowa, is the only city that we contacted that requires storm shelters. This does not mean that storm shelters in mobile home parks are unnecessary or an unreasonable feature to require. Since the June 3rd Planning and Zoning Commission meeting, City staff and the applicant have done additional research to determine what other alternatives there are to a requirement for storm shelters in mobile home parks. STATE OF MINNESOTA REGULATIONS - The state regulations for manufactured home parks in Minnesota offers an alternative to storm shelters in certain instances. The following state code requirements specify that a plan for the evacuation of park residents to a safe place of shelter within a reasonable distance, may be an alternative to providing a storm shelter in the manufactured home park. The State of Minnesota requires all manufactured home parks with ten (10) or more manufactured home, receiving a primary license after March 1, 1988, to provide a storm shelter. A manufactured home park with ten (10) or more manufactured homes, licensed prior to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the evacuation of park residents to a safe place of shelter within a reasonable distance of the park for use by park residents in times of severe weather, including tornadoes and high winds. The municipality may require the park owner to construct a shelter if it determines that a safe place of shelter is not available within a reasonable distance from the park. 6 In the case of a manufactured home park with less than ten (10) manufac- tured homes, a plan for the sheltering or the safe evacuation to a safe place of shelter must be provided for the residents of the park in times of severe weather conditions, such as tornadoes, high winds, and floods. STATE OF IOWA DEPARTMENT OF PUBLIC SAFETY - The applicant has contacted the State of Iowa Department of Public Safety regarding comparisons of wind loads for manufactured homes versus site built units. Manufactured homes are built to a Federal Construction Standard published and enforced by the Department of Housing and Urban Development (HUD) . Site built homes have to meet the wind load requirements in the Uniform Building Code (UBC) . Wind load requirements for manufactured homes and site built homes are as follows: Manufactured Homes Site Built Homes Horizontal: 15 psf 25 psf Up-Lift: 9 psf 15 psf The applicant asserts that a storm shelter would not be necessary if enough tie downs were added to each manufactured home to equal the wind load requirements for site built homes. City staff believes that increasing the wind load capacity for manufactured homes to equal that of site built homes does not eliminate the need for storm shelters in manufactured home parks. There continues to be a need for storm shelters. The primary purpose for zoning regulations is to protect the basic health, safety, and welfare of the citizens. The requirement for storm shelters in mobile home parks directly addresses the City's desire to provide a degree of safety for citizens who chose to live in mobile home parks. 3. The following amendment is necessary to allow raised decks and awnings in the required setback area: Existing Text: (18) Design and Development Requirement. Mobile home parks shall provide the following minimum requirements: (e) No part of any mobile home, room addition, or related awnings shall be located less than thirty (30) feet from the exterior boundary of the mobile home park. Proposed Text: (e) No part of any mobile home, or room addition shall be located less than thirty (30) feet from the exterior 7 boundary of the mobile home park, except for awnings and raised open decks. Awnings and open decks may extend up to ten (10) feet into the required thirty (30) foot setback area. Explanation: Allowing awnings and decks to extend within twenty (20) feet of the exterior boundary of the mobile home park is consistent with the minimum setback of twenty (20) feet from the street for garages and twenty (20) feet between structures. The Planning and Zoning Commission reviewed this request at their meeting of July 1, 1992 and recommended that the requirement for "storm shelters" be retained in the Zoning Ordinance for the safety of residents of mobile home parks. ALTERNATIVES: 1. The City Council can approve of these technical amendments to Sec- tion 29.20. 2. The City Council can deny the technical amendments to Section 29.20. 3. The City Council can approve the technical amendments to allow detached garages as accessory buildings and to allow the placement of awnings and raised decks ten (10) feet inside the thirty (30) foot setback area and deny the request to delete the requirements for storm shelters in mobile home parks. 4. The City Council can modify this request and approve the technical amendments. 5. The City Council can refer this request back to the developer or City staff for further information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #k3. Staff and the Planning and Zoning Commission agrees with the proposed ordinance amendments for detached garages, awnings, and raised decks. Storm shelters in mobile home parks, although not required by many other Iowa communities, do serve an important purpose in offering protection for the residents of mobile home parks. City staff believe the requirement for storm shelters is reasonable and addresses the City's objectives of protect- ing the health, safety, and welfare of its citizens. Staff does not believe that an evacuation plan or additional tie downs are acceptable alternatives to a storm shelter located in the manufactured home park. Attachment h\bpo\caf\amend.714