Aso ~~~, /. ~s /<< COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom MEETING DATE: Mav 8, 2006 OFFICE: ROAD & BRIDGE TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action concerning the Manufactured Home Rental Communities Rules, how they apply to properly at 150 Lydick, and the possibility of a variance from samer Pcf 1 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom/Steve Howard ESTIMATED LENGTH OF PRESENTATION: 15 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request fot Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the earliest opportuniTy. See Agenda Request Rules Adopted by Commissioners' Court. ,~ $ 0 F etm d,~,~ Kerr County Road & Bridge 4010 San Antonio Hwy Kemille, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: May 1, 2006 RE: Manufactured Home Rental Community Rules The Howards own just over 2 acres at the end of Lydick. When they purchased the property there was a house and one manufactured home rental. They moved in another manufactured home and when they applied for a septic permit to add 2 manufactured homes to the lot and were told they needed to check with us about the rules for a rental community. They use the house for an office, rent one manufactured home, and are asking the Court for a variance to rent the second home without platting it as a Manufactured Home Rental Community. Th Steve howard xERr5t.,~ Aron k~~~ s~~~ W~~ ~..t~,~. OSSr t lAN ~~>~ : yrs~a~ I f10 LYC~uI l.M+t ~ KGUw~It Tf'AM7y S~~L EVM.uRfwu + 5t`,A~£ 1~ - IDQ~ ~ccrE,NO *s-= SalMcl:wE .. ~.. z-~ ,d «. ruwrw~ ~I ,r. w,,.<< w~.R ,.dra•..e r. ,~., .-•---•~ • N ~~ ~ APt.e«:w - ~ ~ t pllrav0 i i+.w.cr - : Wcciari ~ ` r• nn ` FIRIwtK i 1 ..__ ___.. _3_ ~ ' --_~~ ~ ' \ ~. .. 1 ! ~"e ilk; MooruE Mork ~Y4'r yARk ~ k AU E „• Kt54 fArw ~,,r PuAUC, SGIlpoL ~' PIAT@ROKNO' !`re! •e Js~Aee~ Crwr fLT/r4C K `f-R.rg1G t7 PRo F I l E c ® ;~ ~ 4d - y -....,, f _,,,-t_. ~ ""fir u4 rYy~ryj~ a, u ak~r_~~ ~ >:tt P tawta rR:prtW I•5~5~•I 1! ~Nw erfo}+ 1w< ~r~g o z ~' .. °wm ~ ~, Kerr County Road & Bridge Leonazd Odom, Jc 4010 San Antonio Hwy Telephone: 830-257-2993 Administrator Kemille, Texas 78028 FAX: 830-896-8481 Email kcroads~ktacom Truby Hardin Assistant Administrator April 19, 2006 Steve Howard 150 Lydick Lane Kerrville, TX 78028 Re: Adding a Manufactured Home to Existing Lot Kerr County adopted rules in November 30, 2000, regulating Manufactured Home Rental Communities. Two or more rentals on one lot are considered a Rental Community. Therefore, under those guidelines you aze responsible to file a development plan and plat. The only alternative you have to developing this lot as a "Manufactured Home Rental -- Community" is to appear before the Commissioners Court and ask for a variance. You might want to explain the following to them: 1) each home has individual driveways to a County maintained road 2) each home has its own septic 3) no additional homes will be added to the lot You may contact Buster Baldwin, Commissioner of Pct. 1, or our office to be placed on the Court Agenda. Court dates are the 2"d and 4s' Mondays of every month, but the request to be placed on the agenda has to be turned in to the County Judge one week before the court date. Let us know what you decide. Sincerely, Jr. Cc: Miguel Arreola Buster Baldwin Th Steve howazd /X.~/ c//L/`u. ~POe c/J~(.tC(~2X~ .. ~! . __ r', Apri118, 2006 To Whom It May Concern: We have moved a trail in at I50 Lydick Lane, which is going to be a rental. We already have one trailer that we rent which is attached to the property. There are separate driveways to each trailer and we are requesting that you give us an answer towards the rules on the septic. ~- If you have any questions regarding this matter please contact me at the above phone number. Sinc ely, St vl~ard ,[~ ! . ~ ry. ~ ~;f ~ t ~;; .,, ~ ~~ ~ ~ ~.~ ~; a, C ~ -- ; - ~ ;~dy~s i?So yn~~ V~ c I I __ o:--~ _. `~ d `~ i i t I ~W ;~ ;' ~~ ~ .rs ~ i 1, ~~ ~, ~ -,.,~,.. --_~ ____ _._~ - __,? i I ~ ~ nl !~ ,~ ~ u ~~ u 2 pi~ i ~ J O J M ,~ _ i ~,x} O 4' p !( ti ~~ c .%1'"OL aw d oss 7JG y~ -mow o~ z~cro of t~ I. i0~ :~ .i•' i.. r~~,l,„~ I , \ °~, . ~ k ~F. riFi .-i i g r"S . ~~ ~/Z 3/O/ 21 1 is Item Number 3, consider and discuss a clarification of 2 Mobile Home Rental Community Rules and application thereof. 3 Franklin Johnston. 9 MR. JOHNSTON: This has come up -- there's 5 been a couple situations arise, one in Precinct 4 and one in 6 Precinct 2, where there's been more than one mobile home on 7 a lot. Some lots aren't platted, but they're -- they're 8 acreage-type lots. And the question arises, does two mobile 9 homes on a lot constitute a manufactured home community? Or 10 is it just -- especially if they're used for a family member 11 to live in, like a -- a parent or a child? U.G.R.A. had 12 the -- they defined the ordinance as more than one. They 13 won't approve septic permits. 14 JUDGE HENNEKE: I think we have to look at 15 what the definition is. It's not a manufactured home 16 community; it's a manufactured home rental community. 17 MR. JOHNSTON: Rental. 18 JUDGE HENNEKE: Either the lots or the 19 manufactured homes have to be held out for rent -- 20 MR. JOHNSTON: Right. 21 JUDGE HENNEKE: -- in order for it to qualify 22 for it under the requirement for minimum infrastructure 23 standards. 29 MR. JOHNSTON: Y think, in this case, one 25 person owns both homes, and they -- they're probably renting z2 1 to the other one, but they claim in their letters to family 2 members. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 COMMISSIONER LETZ: I think -- I mean, the -- going a step further from what the Judge said, to me, you would have to rent two of them. I mean, if you own one and rent one, that doesn't qualify. You have to rent two, to have two rental spaces_ I mean -- and, to me, I mean, I don't think that -- I think, to me, it does not qualify. I mean, you've got to hold -- 'cause it says two or more spaces that are rented, so if you own one and rent one, that doesn't qualify. If you own one and rent two, then it does qualify. It depends on, you know, the -- if you're renting two of them, yes, it does qualify. It depends on what they're renting. I mean, the fact that there's mobile homes there is irrelevant. I mean, it's how many rental home -- mobile home spaces they're renting. COMMISSIONER BALDWIN: What if they're renting two to family members? JUDGE HENNEKE: Still a rental. COMMISSIONER WILLIAMS: Still a rental. COMMISSIONER LETZ: It's included, then, if there's a house on the property and they rent two to family, that's a community? COMMISSIONER GRIFFIN: I don't believe there are -- in either of the cases that we're talking about, that 23 1 that's a problem. On one metes and bounds piece of 2 property, there is a -- a residence plus two rental mobile 3 homes. I don't think that's the case in -- 9 MR. JOHNSTON: One of them has two extra 5 mobile homes and one of them's not -- they say it's not a 6 rental. 7 COMMISSIONER GRIFFIN: That's just like -- 8 let's assume that it's not mobile homes we're talking about, 9 but -- but fixed structures. Now, I can build a guesthouse 10 on my property if I want to, as long as I can get it past 11 the hookup requirements for a septic system and good water 12 to it and that sort of thing, but that has -- as long as I'm 13 not subdividing the property, then I don't think there's any 14 mobile home rental community, unless there's more than two 15 rented on the same piece of property, so I think the answer 16 to the question here is no. Now, I mean, I think -- this is 17 not a mobile home rental community in either of the cases 18 that we've looked at. 19 JUDGE HENNEKE: These definitions are state 20 definitions 21 MR. JOHNSTON: Mm-hmm. 22 JUDGE HENNEKE : Has to be at least two that 23 are held out for rent. 24 COMMISSIONER BALDWIN: Is there any 25 difference in whether you -- you own all the mobile homes 29 1 there and you're renting the mobile homes, or you are 2 renting a space? Is there a difference in those two things? 3 JUDGE HENNEKE:. Nb, not by the definition. 4 Either of those circumstances is a rental home -- 5 manufactured rental home com[nunity. 6 MR. BARRON: Judge, what if -- 7 JUDGE HENNEKE. Come forward and identify 6 yourself, sir. 9 MR. BARRON: Stuart Barron with U.G.R.A., 10 Upper Guadalupe River Authority, Some of them have been 11 represented to us that they're just going to give them the 12 house to live in, without collecting rent. Is there 13 anything that stipulates that what -- new mobile homes and 19 new septic systems? 15 JUDGE HENNEKE: Once again, under the law 16 that we're working with, it says these have to be rented. I 17 don't know what the exact language is, but it's -- 18 COMMISSIONER GRIFFIN: I think the answer to 19 that question, Stuart, is that -- is that you would have the 20 same ruling on your question as you would if it had nothing 21 to do with mobile homes. 22 MR. BARRON: Yeah, exactly. 23 COMMISSIONER GRIFFIN: If I build a home on 24 property and give it to somebody to use, there's no 25 restriction in our Subdivisiion Rules that would keep me from 25 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 doing that. Now, I would still have to meet the -- the O.S.S.F. requirement for having enough space for a drainfield or use a cluster system or whatever, but the fact that it's a mobile home -- MR. BARRON: Yeah. COMMISSIONER GRIFFIN: -- wouldn't have anything to do with it. MR. BARRON: I agree completely with that. One of them that's in question is actually plotted as a mobile home rental community with KCAD, and maybe that hasn't been switched yet. There's actually three -- these happen to be mobile units out there right now. She said one of them's just going to be storage, and the other two are going to be -- I don't know if she said they were going to be leased to a niece or a nephew; they're all going to be family members there. COMMISSIONER WILLIAMS: That's why we were wondering. COMMISSIONER BALDWIN: I think the owner's going to live in one, niece live in one, and one's going to be a storage unit. MR. BARRON: And there's -- she actually 23 lives in another one. 24 COMMISSIONER BALDWIN: Oh, there's another 25 one? 26 1 MR. BARRON: There's actually four of them 2 there. 3 COMMISSIONER BALDWIN: Okay. 4 JUDGE HENNEKE: Well, if she leases two of 5 them, it qualifies. You have to meet the standards. 6 MR. BARRON: Okay. 7 JUDGE HENNEKE: I don't care who she leases 8 them to, if she leases them to her dog. 9 MR. JOHNSTON: The fact that it's a family 10 member in this case doesn't really make any difference. 11 JUDGE HENNEKE: Family member doesn't enter 12 into it. No exception. The issue is whether they're 13 leased, whether she collects rent. 14 COMMISSIONER WILLIAMS: How would the Court 15 or U.G. R.A. know that after the fact? 16 JUDGE HENNEKE: Well, I mean, if -- we're 17 going to rely on the honesty of the citizens, unless it 18 becomes blatantly obvious. If there's 16 mobile homes out 19 there, and they're all being -- 20 COMMISSIONER WILLIAMS: Sixteen might be a 21 clue. 22 JUDGE HENNEKE: -- and they're all being 23 occupied by family members, you know, that's either a big 24 family or somebody's not telling us the truth. But, if 25 someone tells us they're not leased, they're simply being 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 given to a family member, I don't think we look beyond that unless the circumstances tell us that there's some question about that. MR. BARRON: Should we get something to -- sign something to that effect? JUDGE HENNEKE: I think, from your point of view, that would be a good thing to do. Again, it's -- the family member has nothing to do with it. The question is, are they leased? Are they held out for rent? COMMISSIONER BALDWIN: Wait just a second. Get them to sign what? MR. BARAON: Sign something that says that they're not collecting rent for that piece of property. Or shall we just let it go at their -- their word that they're not collecting rent? COMMISSIONER BALDWIN: Well, I -- MR. BARRON: I'm just thinking, just send us a letter saying that, you know, it's going to be for a family member. COMMISSIONER BALDWIN: Does U.G.R.A. have that authority to ask that question? MR. BARRON: That's what we're coming to y`all to find out, if we -- how deep do we need to go in this? Do we just take their word for it that they're all going to be family members? Or -- 26 1 COMMISSIONER LETZ: I would think that we 2 would ask them to send us a letter. 3 JUDGE HENNEKE: Yeah. 4 COMMISSIONER LETZ: I'd rather us not have a 5 form; I'd rather say if it's not -- if you're not going to 6 rent these, send us a letter to that effect and we'll put it 7 in the file, and that's it. I mean, I think that's -- 8 COMMISSIONER BALDWIN: That's not the 9 feelings of Precinct 1. I think we just need to take their 10 word for it. If you catch them, throw the book at them, but 11 requiring something in writing, it's not my opinion. But, 12 I'm outnumbered, so you might as well go ahead and do it. 13 COMMISSIONER WILLIAMS: I think I like 14 Commissioner Let z' idea. You might -- you might advise them 15 what the regulations are with respect to rental communities 16 and indicate them to certify that theirs does not meet that 17 standard. 18 COMMISSIONER GRIFFIN: How about turning it 19 around? Just an idea. Instead of requiring that they 20 certify that, we -- our Designated Representative advises 21 them that those properties -- that they cannot get into the 22 mobile home rental business under the approval, and that we 23 make that letter a part of the pie, so that we've told them 24 that that's the case. Not that it's the other way around. 25 COMMISSIONER LETZ: That's fine. 29 1 COMMISSIONER GRIFFIN: That we -- there's no 2 question, if they get into the mobile home rental 3 business -- 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 knowing -- COMMISSIONER WILLIAMS: They're doing it COMMISSIONER GRIFFIN: -- they're doing it after we told them that that's not permitted. And, if we catch them at it, we throw the book -- MR. JOHNSTON: If they do so, utilities aren't supposed to be hooked up. COMMISSIONER GRIFFIN: Right. COMMISSIONER LETZ: It's not that long of a document, ten pages. We can just give them -- it's not going to come up that often. You just give them a copy of the rules and say, "Here's the rules." COMMISSIONER GRIFFIN: And make that a part of our report, that we've so notified them. MR. BARRON: Yeah. COMMISSIONER GRIFFIN: I think that would -- that removes the onus that Commissioner Baldwin's talking about of putting it on the landowner to certify. It's just that we're certifying we've told them what the rule is. JUDGE HENNEKE: Okay. Thank you, Stuart. COMMISSIONER BALDWIN: Thank you, Stuart, for bringing that to us. It's good to see somebody from 30 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U.G.R,A. over here. MR. BARRON: Okay, JUDGE HENNEKE: Let's move on to Item Nnmber 4, consider for approval the final revision of plat for Lots 231 to 239 of Northwest Hills, Phase II, Precinct 1. Commissioner Baldwin. CONIIII SSIONER BALDWIN: The Kerr County Engineer, Franklin Johnston, I think, will make this presentation. MR. JOHNSTON: This is a replat of several lots, and it's combining two lots to make one big lot with an acreage of 1 1/2 -- 1.4 to 2 acres. While it sounds small, they exist now as less than 1 acre, so they're making them larger by combining lots, COMMISSIONER GRIFFIN: We always like to see them getting bigger. COMMISSIONER WILLIAMS: Going in the right direction. COMMISSIONER BALDWIN: I move that we approve the final revision of plat for Lots 231 through 239 of Northwest Hills, Phase II. COMMISSIONER LETZ; Second. COMMISSIONER GRIFFIN: Third. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Let z, that the Court