BY ANDY TAYLOR
Montgomery County Chronicle
CANEY — City councilors on Monday night failed to garner enough votes to allow single-wide mobile homes to be placed outside the city limits but within the city’s zoning jurisdiction.
Councilors cast a deadlocked 3-3 vote to allow single-wide mobile homes outside the city limits. A minimum of five votes were needed for the motion to pass.
At issue was the property owned by Raylene Metcalf, who owns a single-wide mobile home on county road 1550, one-eighth of a mile south of East Third Street. Metcalf left her property in January 2007 to live with other family members due to illness. City water service to her mobile home was subsequently shut off.
When she acquired a different mobile home in April to replace her older mobile home on that property (the older mobile home had been located on that property for several decades), she was informed that city water could not be reconnected because the newer mobile home violated city’s zoning codes. The city council imposed a policy in 2005 that prohibited single-wide mobile homes anywhere in the city’s zoning jurisdiction (including the zoning jurisdiction area outside the city limits). That policy did allow for single-wide mobile homes only in mobile home parks.
Metcalf then presented her case to the city council in June. Council members at that time indicated a desire to allow Metcalf to use her rural property for the single-wide mobile home but sent the issue to the Caney Planning and Zoning Commission with a specific direction: to recommend a policy that would allow single-wide mobile homes outside the city limits.
The planning and zoning commission met on July 23 and voted 4-2 to recommend a policy toward allowing single-wide mobile homes in areas outside the city limits but within the City of Caney’s zoning jurisdiction.
At Monday’s council meeting, councilors heard a plea from Mayor Dale McBride, who asked the council to rethink its original desire to change the zoning code.
The council in 2005 made a decision — based on information and study from the city’s planning and zoning commission — to confine placement of single-wide mobile homes only into mobile home parks, he said. To change course just four years later would damage the work and efforts that the planning and zoning commission as well as the council put into that issue four years ago.
He said the planning and zoning commission’s 4-2 vote to recommend a change in zoning policy was “not a strong vote.” And, in preparing the proposed ordinance allowing single-wide mobile homes outside the city limits, city counselor Paul Kritz indicated a reluctance to endorse the change, McBride told the council. Kritz was not present at Monday’s meeting.
McBride also said several residents — inside and outside the city limits — had voiced concerns to him about the proposed change in zoning policy.
“I came to the conclusion that this was not in the best interest for the residents of the City of Caney,” said McBride.
In presenting the planning and zoning commission’s recommendation for the council’s consideration, city administrator Don Whitman said planning and zoning commission were reluctant to cast a vote in the matter — knowing that they were given a specific directive by the council.
“Because a specific directive came from the council, the planning and zoning commission was reluctant to not agree with you,” said Whitman. “The vote (4-2) was not indicative of how they really felt. But, some of the planning and zoning commission members voted in favor of the change simply because they knew that this would end up back in their court again.”
Councilor Joe Taylor, who presented the motion to allow for single-wide mobile homes outside the city limits, said he felt the impact would not be as dramatic as other councilors or residents believe.
“I don’t think you’ll see that much impact,” said Taylor.
Councilor Jason Moore, who voted against Taylor’s motion, said he had difficulty accepting a wholesale change in zoning law. He said he would have rather seen an exception made whereby qualified mobile home owners can make their case to the council for consideration.
“Changing the entire area outside the city limits is a bad idea,” he said. “I’d rather see a one-time exception being made.”
Councilors indicated a desire to allow Metcalf to use her rural property for her mobile home. Councilors said they were willing to examine other alternatives — such as amending zoning codes to allow for case-by-case situations to be presented to the planning and zoning commission for consideration.
Until then, the City will continue to abide by its 2005 policy that forbids single-wide mobile homes in all areas except in mobile home parks.
Voting in favor of allowing the single-wide mobile home outside the city limits were councilors Roger Hawthorne, Dan Johnston and Joe Taylor. Voting against the measure were councilors Erin Munday, Chad Bradford and Jason Moore. Councilors Penny Coy and Kelly McIntosh were absent from Monday’s meeting.
In another zoning issue addressed by the council on Monday, city councilors agreed with a recommendation from the planning and zoning commission to have a conditional use permit issued to John Morris, who plans on establishing a small engine repair business at his home at 600 N. Wood. The council had previously rejected the permit because of confusion regarding a fence requirement in the city’s zoning code.
However, the planning and zoning commission addressed the issue at its July 22 meeting and agreed to waive the fence requirement.
Councilors then voted 5-1 to go along with the recommendation. Councilor Jason Moore cast the lone dissenting vote.
