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HomeMy WebLinkAbout90-160 . (\1 : \ . ... ~\)J , ~.:-.~ ." . .....1 ;}_;...._:.J 9"' " RESOLUTION NO. 90-160 0.00 NC A RESOLUTION AMENDING THE MOHAVE COUNTY ZONING REGULATIONS TIIROUGH HIE ADDITION OF THE ESTABLISHMENT OF "HUD" LABEL REQUIREMENTS FOR ALL MOBILE HOMES PLACED WITHIN BOARD APPROVED URBAN/BUILDING OVERLAY ZONES AND MOBILE HOME PARKS OUTSIDE OF THE INCORPORATED COMMUNITIES IN MOHAVE COUNTY WHEREAS, the Mohave County Pl anni ng and Zoni ng Commi ss i on was requested by the Board of Supervisors to consider changes to the Mohave County Zoning Regulations in the areas outlined in Resolution P&ZC: 90-1, and WHEREAS, at the regular meeting of the Mohave County Planning and Zoning Commission held on June 6, 1990 a public hearing was conducted to adopt amendments to the Mohave County Zoning Regulations, and WHEREAS, public input taken at the June 6, 1990 Public Hearing extolled the Commission to consider the plight of the poor and elderly that should have a right to purchase and reside within pre-1976 constructed mobile homes that would not have been constructed to IIHUDII standards, and WHEREAS, pub 1 i c input taken in regard to "HUDIZED" retrofitt i ng of pre- HUD labeled mobile homes was clear that many mobile homes find their way into the State without receiving the minimal upgrade and that the "HUDIZED" retrofit did not mean that the mobile home met "HUD" standards, only that VERY MINIMAL modifications which may not meet any structural standards were accomplished on those units stopped at State lines, and :'/}~::~ ri,..~ .~~ r\C.:>UIU1.1VII ....V. .:JV-J..VV , -'::J - - . . ~ ~GE 2 OF 7 ~ 1326 PG 954 (FEE~90- 1 abe 1 program means that each mobile home 82249) :. ~-,~ '\ . . WHEREAS, the government "HUlJ" 'manuf~ctured under these standards meets the minimum health and safety standards for fire egress; electrical, mechanical, and plumbing installed during construction; and that each phase of construction was inspected by certified personnel assuring those minimum life, safety'standards, and WHEREAS, public testimony received at the hearing pleaded the cause of those citizens who may be living in a pre-HUD label mobile home that for some reason may be forced to relocate their unit through no fault of their own, and because of the language of this amendment, be forced to purchase a "HUD" label unit while loosing value on their pre-HUD unit, and WHEREAS, further public hearing testimony pointed to the fact that this change was intended for Urban Overlay Zones and Mobile Home Parks only, where it could be expected that through urban density and close proximity of placement of pre-HUD homes in parks the chance of fire was greater, thus, this change only addressed the health and safety aspects of mobile home living in urban or mobile home park residential schemes, and WHEREAS, questions were asked of the Commission staff if the County could develop a program to insure inspection of the retrofitting to HUD standards those previously manufactured mobile homes; information was presented that it would be physically and monetarily prohibitive, and WHEREAS, cou1 d the County grandfather those moved, pre-HUD mobil e homes through the permit process, and testimony pointed to the State Statutes which prohibit the County from inspecting the placement of mobile homes, making that action prohibitive, and ,-' ~~.-- t, ~E 3 OF ; 4IIt ~ 1326 PG 955 (FEE~90- 822~9) WHEREAS, . the Pl ann'i ng Commi ss i on, .when it came to a vote after taking public input and discussion of alternatives, voted a tie vote and the Chair broke the tie with a "NO" vote, and WHEREAS, when asked by Commission staff if they were going to provide an alternative recommendation to the language presented for consideration to the Board of Supervisors, the Planning and Zoning Commission declined any further comment other than the majority were uncomfortable with the language presented for consideration, and WHEREAS, that the Board of Supervisors, at their regular meeting on Monday, July 2, 1990 CONTINUED consideration of this amendment to their ,9':".,) Special Meeting scheduled for Monday, July 23, 1990, and ~;t.}i ~~~-~ '.;,::;....:'-1 WHEREAS, that the Board of Supervisors, at their Special Meeting on Monday, July 23, 1990 TABLED this change to the Mohave County Zoning Regu 1 at ions as out 1 i ned herei n to appoi nt a committee at a 1 ater date to consider the impact of this change, and WHEREAS, as of the regular meeting of the Planning and Zoning Commission on October 10, 1990 the appointment of a committee to study the impact of this change was not accompli shed, and the Commi ss i on had through contact with the public seen the impact, and WHEREAS, at the regular public hearing of October 10, 1990 the Planning and Zoning Commission reintroduced discussion as to the use of the HUD label for mobile homes within the UrbRn Overlay Zones and Mobile Home Parks in the outlaying areas of the County. During the discussion it was recommended that · :~di:id"alS who migh~ind the~selves "in PAGE 4 OF 7 . 1326 f'G 956 (FEE~90- an existing mobile home park, an 82249) owner 'of a pre-HUD label mobile, and the park closed through no fault of the lessor, that they in this specific instance would have the following non- conforming right: They would be given the right to relocate the pre-HUD mobile into another mobile home park if the owner of said par~ was willing to accept the pre-HUD label mobile, or they could locate it outside the urban overlay zones, and WHEREAS, the Planning and Zoning Commission by voice resolution requested that the Board bring back and reconsider the immediate implementation of the "HUD" label requirement as set forth in this resolution, adding the above non- conforming right. This was by unanimous vote of the Commission, and WHEREAS, the reason for th is change of pos it i on by the Pl ann i ng and Zoning Commission was the numerous complaints registered by the public to their district planning commissioners since the last discussion. Specifically, these were the placement of old warn out trailers into good neighborhoods that dramatically affected the value of the surrounding property, and WHEREAS, the Board of Supervisors, at their Special Meeting on Monday, October 22, 1990 moved to continue this item until each member could appoint a member and an alternate committee member to study the impact of such a change and make recommendation to the Board. The Director of Planning and Zoning was instructed to chair the meeting as soon as possible after it was formed to assure a timely decision on the matter, and \ .- WAGE 5 OF 7 ~ . ~ 1826 PG 957 (FEE~90- Board appointed. Comm.ittee met on Tuesday, November 19, 1990 822+9) WUEREAS', the . at 2':00 p.m. to discuss the merits and impacts of enacting a change as proposed by the Planning & Zoning Commission. During the one hour and fifteen minute meeting all aspects of the change was discussed. The commi ttee chai rman repeatedly asked the members if there were .any other concerns or avenues to be exp 1 ored. An executive summary of the discussion revolved around the history of the change, an overview of the Urban Overlay areas and a review of Resolution 90-160 as it was last seen by the Board. The discussion mostly revolved around identification of a nonconforming use and how it fit into or would affect such a change as proposed. The nonconforming use clause would continue to authorize the retention of pre-HUD label mobile homes in the following cases: a. Anywhere outside of the Urban Overlay Zones if they were not placed within a mobile home park or they may be placed within a park if the mobile was forced out of a closed park through no fault of the owner and the park management would accept it. b. An individual could retain a pre-HUD label home on an existing site and sell it in place. This change would not cause the removal of pre-HUD label mobiles that are already in place. c. If the owner of a pre-HUD label mobile were to trade in the mobile it may not be place again within the Urban Overlay Zones or within mobile home parks outside of the Urban Overlay Zones. The mobile could be placed in non-Urban Overlay Zones of which 96% of the County qualifies. The committee further felt that a standard was needed and they could not come up with one that was more uniform in its approach than the HUD label as proposed. They also felt a concern that if a standard such as the HUD label was not initiated then we would continue to see many non-HUD label mobiles being placed by landlords for rent. That the sheer age and the fact that they were not inspected at construction initially brings cause for concern for those in the community that end up having to rent these structures for their primary dwelling. The committee 'r PAGE 6 OF 7 . 1826 foG 958 <fEE:91)- the changes to the Mohave 822+9) l <:oted onan i mOus 1 Y to tP.connnend to the < Board that 'County Subdivision Regulations as outlined within this resolution be passed and enacted, as they were in the best interest of the community, and NOW THEREFORE BE IT RESOLVED, that the Board of. Supervisors, at their Regular Meeting on Monday, December 3, 1990 approved the modified language presented to the Board by the Planning and Zoning Commission and the Special Committee appointed by the Board to study the impacts of this change and moved to enact these regulation changes as outlined within the body of this resolution with an effective date of January 3, 1991. Section 27 GENERAL PROVISIONS (continued), ~ 48 K.3. All mobile homes sited/placed within the Board of Supervisors approved Urban/Bui lding Overl ay Zones shall have an affixed "HUO" 1 abe 1 certifying that the unit has been manufactured as a Mobile Home in accordance with the June 15, 1976 Federal Guidelines. This is effective January 3, 1991, prior to that date shall be nonconforming. Section 27 GENERAL PROVISIONS (continued) r ~ 53 I.l.d. All mobile homes sited/placed within Mobile Home Parks shall have an affixed "HUO" label certifying that the unit has been manufactured as a Mobile Home in accordance with the June 15, 1976 Federal Guidelines. The one (1) exception to this would be the closing of an existing mobile home park where the owner of a pre-HUD 1 abe 1 mobile wou 1 d be forced to remove thei r mobile. In this case the owner would be able to relocate the mobile into another mobile home park if the park owner accepted the mobil e. Thi s is effective January 3, 1991, prior to that date shall be nonconforming. NOW THEREFORE BE IT FURTHER RESOLVED, by the Board of Superv i sors that this amendment specifically addresses the health and welfare of Mohave County citizenry who choose to reside in mobile homes placed in areas that are determined to be urban in development density or mobile home parks that due to siting of dwellings would place homes within close proximity. The remainder of the County where density of development is low, this placement proximity is \ , ~ . . 'not as. great of concern. The BOord of Supervisors :- H'..n: t ur I' -. ':;J - , BK 1826 PG 959 (FEE~90- . would encourage owners of 822+9) l, 'each 'pre-HUD label mobile home to consider Hudizing their dwelling structure to State of Arizona Standards and to assure that when purchasing pre-HUD label homes that proper structure and physical changes are made that would address life, safety items, and MOHAVE COUNTY BOARD OF SUPERVISORS (%'1ff,' f'~,J/ 0-< + Lois J~ Hub &Pd, C airman ( :, V 6()j) .. . MORAVE COUNTY BOARD of SUPERVISORS 809 EAST BEALE KINGMAN. ARIZONA 86401 Phone 753-0729 FAX 753-0732 Dist,1 W,J, Roper Dist.2 Ron Bernstein Dist,3 Jerry A, Holt Dist.4 Lois J. Hubbard Dist.5 Becky Foster County Manager David J. Grisez Clerk of the Board Pat Chastain AFFIDA VIT OF ERRONEOUS RECORDING At the Board of Supervisors meeting held July 23, 1990, the Mohave County Board of Supervisors referred the resolution amending the Mohave County Zoning regulations for all mobile homes placed within Board approved urban/building overlay zones and mobile home parks outside of the incolporated communities in Mohave County to a committee for study and returning that committee's recommendations to the Planning and Zoning Commission for hearing. The recordation of Resolution No. 90-160, (at fee No. 90-55770 Book 1771 Pages 147, 148, 149, 150, 151) was therefore erroneous and therefore as Clerk of the Board of Supervisors, request that this affidavit of erroneous recording be duly recorded this 21st day of August, 1990. ATTEST: .1' \ 111111,,, """ \\' n\! IS ", .... ,(\ '\..'i\ ~ I O,?(, "'" /.."" ~< <..J', '.' (,) . ~. ., .. ~~ ..... ,:' <-<, 'c:;) ~ I ,,':' C;:) ?~ ~ <:: :: C [e}-Ii ,: v (...,::: :., c:> . :;:' ~ ~ ., Jf. >f, " """" -1 R I Z G \~ ~ ",,"'- "" tl'\ "'" rill' It. " ~OEXEI MlCRQEll..MED :1=90- 60205 BY. 1780 PG 103 OFFICIAL RECORDS OF HOHAVE COUNTY, AZ. *JOAH McCALL, MOHAVE COUNTY RECORDER* 08/22/90 J:OO p.n. PAGE 1 OF 1 B05 RECORDING FEE 0.00 HC ~..'..----: ,': 'i::f\,~~-'\>.lj5I'Z:-~~~~~ :7.,'~~_~d~.~r'1:~. '-1ES_Y;.~]-~~":'}:~ I .r:-r" 1111t ','., ;0,. '~. < 'S"'~_;1",~t,~~:-r 'fIT . ~.~_M "', ~ . . MORAVE COUNTY BOARD of SUPERVISORS '.!StW"!I;/'o~"~.fb<;,'t.":1".I:>VC";.,,,~,;,rt.:t'~o!i.",>t.""',;'W-.".)::!<'1,'<:--Y"-;."t4~\~;::'-:"'~"'ii""di:W!'&1,~"~J:lli:t;l->.J.1f~~;o.):"~,.;;.+_~";,.:.,,,?,:,'7't'';>~'~...;'';,j'''Q~,aJ~''i'1!~-:O''l~t"<l-I~~,'''*',,\i'~-;,?:!,t;.;i<~W:'i~','".:.._.,: '.:-C"'r"~ 809 EAST BEALE KINGMAN, ARIZONA 86401 Phone 753-0729 FAX 753-0732 Dist.1 W,J. Roper Dist,2 Ron Bernstein Dist.3 Jerry A. Holt County Manager David J. Grisez Dist.4 Lois J. Hubbard Dist.5 Becky Foster Clerk of the Board Pat Chastain TO: Jim Neblett, Mohave Co. Planning & Zoning Director FROM: Pat Chastain, Clerk of the Board a (b' . Mohave Co. Board of Supervisors DA TE: October 29, 1990 SUBJECT: Committee to evaluate an amendment to the Mohave County Zoning Regulations in regard to "HUD" label requirements Please be advised at the Special meeting of the Board of Supervisors held October 22, 1990 the Planning and Zoning item 2-5: Evaluation of an amendment to the Mohave County Zoning Regulations through the addition of the establishment of "HUD" label requirements for all mobile homes placed within Board approved urban/building overlay zones and mobile home parhs outside of the incolporated communities in Mohave County was postponed to the December 3, 1990 Board of Supervisors meeting. Board action included the appointment of a committee to review this proposed changed (recommendations to be made to the Board of Supervisors at the December 3, 1990 meeting) comprised of two (2) names from each of the Board members and the Planning and Zoning Director. Please be advised that the Board of Supervisors have submitted the following names: W.J. "Bill" Roper - Supervisor District I: Barbara Ricca Century 21 4005 Stach ton Hill Road Kingman Az. 86401 757-2100 ~ ~~-vb 6()\(l~ 75~<;-ZI2/ att .~ / cr/t/ r ., .. "~ ~ ~ . Page 2 Jerry A. Holt - Supervisor District 3: Frank Holland Holland West Inc. P.O. Box 699 Bullhead Ci ty Az. 86442 763-6996 Brenner Holland (Alternate) Holland West Inc. P. O. Box 699 Bullhead Ci ty Az. 86442 763-6996 ().L<#-l - oJ(Q.- yP Lois J. Hubbard - Supervisor District 4 Jim Zaborsky Village Oak Mortgage 1979 Hwy 95 Suite 35 Bullhead City Az. 86442 763 -3773 (Work)- 758-4073 (Home) Doug Cain (Alternate) 831 Riverfront Drive Bullhead City Az. 86442 763 -5854 (Home) 763-9100 (Work) '/ " I-I.' tP Becky Foster - Supervisor District 5: Mr. Jim Cash 4405 Charles Drive [{ingman Az. 86401 (Telephone: Sunnybrook .* Mr. Ron Wood (Alternate) Arizona West Mobile Homes 4495 Stoclt ton Hill Road [(ingman, Az. 86401 ? / '7 :~,.~;,,~? Mobile Homes) \" q,\ .,) .. 1wr ~ . I will remind Supervisor Bernstein to notify this office of his appointments. Thank you. ~ d /1114 ffL . ~iE f, THE ~ERSIG.O HEREBY' FSTr;IC:i Tl-':S !.iCHAE .Y BGARU (:it' SUPERVr-BO.KS 'iO t1PG~ADE T:iS Sl'.\1'HJ,\{{jJ1:S Ur U~AN ARSA :,!CBIIZS TO I\T iE.\S'r THE :.uNIMUM OF HUD 1 S STA...'\i'DA!i.DS. Nlu\!l!.; A.DD:BSS DA.'!'!!. 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(li' ,,' /).,' I '7f:... L _P; ,I' C~'-'C"-Z7 :J~-).--,,- ,I. I . ,) \,/ I t) /-____u / (! -~ /' S ') 1;' , J' ,r.1>~/', ;J~~,.Ll/ )2 ro -- . <.."1 ) t X \. l~) (' /5 '-j '/ ~'/ (, / c ,!I-' Sf //,,',. 2)'- / I,.. ( i r I / l' < ( /1.. } L.. ,....1:," / i{ fl.,) c. , . fie fe-.h, .& / ,I -< . (:))1')'-: 'l '~ L-- \ (:",<( {; I< " ( '~Yt tj )> 0,/{':..2F /(} // rl L cre:, fj (,. .. to f ~':() J A 1 'I't...;. it -2kVi:' 17 ( Ir r . \ e- /1 ~ Ii , I( -'1' :'- '"' / _,t.O-- ") ,,- t' -,'.....- C, ~/ :::- ~ . . . " ...V/E, THE; ~DERSIG.O rlEREBY' PETI;IG~ TI-'S HCHAVE .Y BOARU C~ SUPERVISO.KS ''cO UPGRADE T~S 31'ANUAoH.u:::S u~ u~AN AREA. ;.!CBlLE5 TO .I\T ill.'\S'l' THE 1-1INUroM Cpt , " RUDIS STANDAHDS. NA.\!I!; i\DD~lSSS DATI!. / , . ~" :J'/ () y ;{,.- 1 ....-".-- f:~ _'u_________ ..5, "._.,- ~.,.~ 7'- ~ - -, ~l ...; , /Z', , If -.......: /2 lJ_ I '1=.:.. /5'L Ie ~---- /7 ~,- Ii ~ 11~._ .2u~ \ , J .. l ~ "" J .' 7'- f 2'~. ,21 , ',' ',.., . "'\ ' ,_ Li-- ') -- - s_ _ c, .j '"--'