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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 08/26/2002 COMMUNITY DEVELOPMENT Fred N Satterstrom, C D Director PLANNING SERVICES • Charlene Anderson,AICP, Manager \N7 KENT Phone 253-856-5454 WASH I N O T O N Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING August 26, 2002 The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon at 7 00 p m on Monday, August 26, 2002 in Chambers West of Kent City Hall LUPB MEMBERS PRESENT: STAFF MEMBERS PRESENT: Ron Harmon, Chair Charlene Anderson, AICP, Planning Mgr David Malik, Vice Chair Gloria Gould-Wessen, GIS Coordinator/Planner Steve Dowell William Osborne, Planner Nicole Fincher Katherin Johnson, Mgr Human Services Jon Johnson Lori Flemm, Parks, Planning & Development Deborah Ranninger Nathan Torgelson, Economic Dev Mgr Les Thomas Kim Adams-Pratt, Asst City Attorney APPROVAL OF MINUTES Les Thomas MOVED and Steve Dowell SECONDED to approve the Minutes of July 22, 2002 Motion CARRIED. ADDED ITEMS TO THE AGENDA None COMMUNICATIONS Planning Manager Charlene Anderson stated that the services of a Spanish Interpreter and American Sign Language interpreter have been made available for the public at tonight's meeting NOTICE OF UPCOMING MEETINGS Planning Manager Charlene Anderson stated that a Housing Forum would be held September 12, 2002, 7 00 p m at the Senior Center She stated that a Special Public Safety meeting will be held September 16, 2002 at 4 00 p m in the Council Chambers followed by a full City Council meeting on September 171h at 7 00 p.m concerning Secure Community Transition Facilities Ms Anderson extended an invitation to the Board to attend a State Chapter conference of the American Planning Association to be held September 22 — 24`h at the Hilton Seattle Airport MOBILE HOME PARK CLOSURES AND RELOCATION ASSISTANCE ORDINANCE Planner William Osborne clarified that the City of Kent is not aware of any mobile home parks that have indicated an intent to close, with the exception of the Still Manor Mobile Home Park He stated that no financial relocation assistance is being considered as part of this ordinance. Planner William Osborne submitted the following exhibits for the record Exhibit #1 - a letter dated 7/18/02 from Joan Brown, Executive Director with Washington Manufactured Housing Association voicing support of the ordinance Exhibit #2 — a letter dated August 26, 2002 from Doug Hobkirk Executive Director with the Manufactured Housing Community Preservationists voicing support of the ordinance Exhibit #3 — an e-mail letter dated August 26, 2002 from John Still voicing disapproval of the ordinance Exhibit#4 —a letter dated August 26, 2002 from John E Woodring, an Attorney for Manufactured Housing Communities of Washington voicing disapproval of the ordinance Mr. Osborne stated that the ordinance under consideration would amend Kent City Code Chapter 12 05, The Mobile Home Park Code, to require the preparation, certification and city approval of relocation assistance reports and plans He stated that the ordinance addresses impacts of mobile home park closures on tenants The Land Use and Planning Board had expressed concerns about such impacts at the Public Hearing of December 10, 2001, related to a comprehensive plan amendment proposal Mr Osborne stated that on February 5, 2002, the City Council noted concerns of mobile home park closure on tenants and asked staff to prepare a discussion paper on mobile home park relocation assistance for the Planning Committee to review at their February 19 meeting He stated that the Planning Committee held three meetings on this issue An ordinance was drafted and considered Staff researched what other South County jurisdictions provided for relocation assistance. Mr. Osborne stated that at the August 12, 2002 workshop the Board voiced concern over the appeals process for both owners and tenants of mobile home parks He stated that staff addressed the Board's concerns by adding an appeals section to the ordinance Mr Osborne stated that relocation assistance is not addressed in the Kent City Code or other development regulations of the City He stated that goals and policies of the Comprehensive • Plan's Housing Element speak to the preservation and improvement of low-income housing, which includes mobile home parks and refers to providing tenant relocation assistance to low- income households Mr Osborne quoted Policy H6 6 — "Where feasible, provide relocation assistance to low-Income households as outlined In the GMA." Mr. Osborne stated that the Comprehensive Plan's Housing Element also promotes community awareness of affordable housing resources. Mr Osborne stated that the proposed ordinance primarily affects mobile home park owners seeking to change the land use of their park or close the park He stated that the ordinance requires park owners to prepare a relocation assistance report and plan containing descriptive information about the conditions of a mobile home park. Mr Osborne stated that this report would be submitted to the City for review, approval and certification by the City of Kent's Housing and Human Services Manager fulfilling the intent and goal of Goal H-7 and Policy H-7 1 Mr Osborne stated that a permit application would be approved only after the relocation assistance report and plan had been approved. Mr Osborne stated that the relocation assistance report includes a "current conditions" section consisting of a detailed census of spaces within the mobile home park and containing information volunteered by tenants Mr Osborne stated that this information would include household characteristics, space rent, utility costs, terms of leases, and anticipated cost of relocating or removing an existing unit, or relocating the household to an entirely different housing arrangement . Mr Osborne stated that the relocation assistance report and plan would include an anticipated schedule of the closure process along with an explanation of the actions to be undertaken by the park owner. Land Use and Planning Board Minutes August 26, 2002 Page 2 of 8 Mr Osborne stated that the ordinance would recognize the legal authority of the Revised Code of Washington or State laws, particularly Chapters 59 20 and 59 21 in regard to mobile home parks, closures, relocation assistance and public notice for both landlords and tenants of mobile home parks Mr. Osborne stated that staff has incorporated a provision in the ordinance creating the relocation assistance report as a Process 1 application or action where the Housing and Human Services Manager makes a final decision which is appealable to the Hearing Examiner. Mr Osborne stated that language concerning enforcement of revisions to the Mobile Home Park Code would be handled under Section 12 05 360, Administration, Section of the Mobile Home Park Code. Chair Harmon questioned what safeguards would be implemented to protect mobile home owners when they wish to move a mobile home into a park or sell their mobile home and the park owner has filed intent to close a park Assistant City Attorney Kim Adams-Pratt stated that this ordinance mandates that once a relocation plan has been finalized it must be provided in writing to a prospective purchaser or lessee. Steve Dowell MOVED and David Malik SECONDED to open the Public Hearing Motion CARRIED. Les Thomas MOVED and David Malik SECONDED to accept the Exhibits into the record. Motion CARRIED • Betty Visser, 15232 SE 272"' St., Space #39, Kent, WA 98042 stated that she resides at Cascade Mobile Home Villa Park and is concerned as a mobile home owner that if forced to relocate, who will pay the mortgage on her mobile home Ms Visser stated that she has experienced problems with resident managers and the landowner having taken them to small claims court over her lease agreement and space rental issues. Walt Olsen, Olsen Law Firm, 604 W. Meeker St., Suite 101, Kent, WA 98032 stated that he is an associate member of the Manufactured Housing Communities of Washington He stated that he supports John Still's position letter opposing the recommended ordinance and that he opposes the ordinance for the same reasons Mr Woodnng stated in his letter Mr Olsen stated that the State Supreme Court considered an ordinance similar to the City's ordinance and in the case of Guimont versus Clarke, the State Supreme Court held that the ordinance was unconstitutional Mr Olsen asked that the City review this case stating that he 1i believes the reasons cited by the State Supreme Court would apply to the ordinance the City is considering. Mr Olsen stated that the issue of low-income housing and individuals is one of statewide concern and not unique to Kent He stated that the State Supreme Court has held that by requiring the closing park's owner to pay the cost of relocation or to administer the relocation efforts as proposed by the City's ordinance, an unfair burden is placed on the shoulders of a few for solving the housing problems for the whole state Board member Thomas stated that this ordinance would probably be found to be constitutional, as it does not place a financial obligation upon the landowner • Land Use and Planning Board Minutes August 26, 2002 Page 3 of 8 Mr Olsen stated that he considers the ordinance to be ambiguous in terms of whether financial op resources would be required He stated that the language in the ordinance could be interpreted as requiring landlords to provide financial assistance such as "helping tenants to move from the mobile home park" Mr Olsen voiced concern with privacy issues as they relate to Items 1-10 of the ordinance In response to Ms Fincher, Mr Olsen stated he objects to the spirit of the ordinance. William Sanford, 856 S. Central Ave, Space #75, Kent, WA 98035 questioned if he chooses to sell his mobile home within the next year would he be required to inform the people of a possible park closure which could cost him the loss of a sale Mr Sanford stated that he has selected a new mobile home, but has been informed by several realtors that Kent would not allow new mobile homes within the city limits, questioning why these new mobile homes are not allowed within the city's limits. Patricia Williams, 24500 Russell Rd. #4, Kent, WA 98032 stated that after reviewing the proposal, she believes that this ordinance is basically structured to assist those who are either low income or indigent, within mobile home parks Ms Williams stated that she and her husband are not low income but see many elderly people living on a fixed income or social security within her mobile home park and believe that this ordinance does not incorporate verbiage intended to protect these people. Ms Williams asked how this new ordinance interacts with the RCW's already in place in the State requiring land owners to give notification to mobile home residents of their intent to make a land use change • Lars Naslund, 23656 301h Ave. S, Kent, WA 98032 stated that he is a resident of Green Acres Mobile Home Court He questioned the definition of low-income stating that he is retired and on a fixed income Mr Naslund stated that his mobile home is old enough that it would have to be inspected before he could move it If it was found unsafe to move, what expenses would he have to absorb? Mr Naslund questioned what financial assistance is available if he chooses to move before being notified of the park closure John Whiteside, 15410 SE 272nd St. #27, Kent, WA 98042 stated that he is a resident of Soos Creek Park and it disturbs him that mobile or manufactured homes are reflected as low-income housing He stated that he would be unable to sell his mobile home, and would lose any equity in his home, if the parks owners were to sell the park and replace the park with apartments or houses Ms. Lao Carson, 1035 W. Smith St. #29, Kent, WA 98032 stated that she is a resident of Still Manor Apartments and that she received an eviction notice December 14, 2001, August and September of 2002 She stated that her space rent has increased by $120 00 to $295 00 per month. Ms Carson questioned where she could move her mint-condition 1959 mobile home, stating that she was assured that funds would be made available after 2002 for assisting people of her age and income Ms Carson stated that she would like to know when the funds would be made " available so that she could make arrangements to move, asking where she might locate an i available space She stated that she paid $5000 for her mobile home indicating that it could cost her $2000 to $4000 to move her mobile home, which she cannot afford Chair Harmon encouraged Human Services to work with her • Gordon Baker, 15410 SE 272nd St. #30, Kent, WA 98042 stated that he manages four mobile home parks Land Use and Planning Board Minutes August 26, 2002 Page 4 of 8 Mr Baker stated that he is concerned that the ordinance is written in an obscure manner, conveying a message that a mobile home park owner would be required to pay relocation costs He stated that he believes the City wishes to control RCW 59 20 by giving the power and authority to one person to determine if a mobile home park should be closed Ralph Atkins, 24500 Russell Rd. #3A, Kent, WA stated that he believes that mobile home park owners should be required to show responsibility for the mobile home owners leasing their land He stated that the City needs to reevaluate the draft proposal, create a committee consisting of land owners and home owners in order to generate laws to protect mobile home owners from those land owners who have intentions to do something else with their land Luz Sanchez, 24415 741' Ave. S, Kent, WA stated that she is a single mother buying her mobile home She stated that she is in debt to the bank and would like to know what resources are available to assist her, inquiring what the City can do for her Solange Diaz, 1035 W. Smith St. #20, Kent, WA stated that she resides in Still Manor Park, which is closing She stated that it has been impossible to find a space nearby and that only nine people have been able to move out of 47 lots. Ms Diaz stated that one of her family members moved to Black Diamond at a cost of$3,500 and has still not obtained the proper permits to legally live in their mobile home She stated that there are costs associated with trailer hookups as well as costs for trailer inspections of $300 per inspection She stated that she has been unsuccessful in finding a location to move her mobile home in Des Moines but that the City of Kent has been working with her to find a space Ms Diaz stated that she has lived in Still Manor Mobile Home Park for four years and has always paid her space rent on time She asked where the aid is coming from that has been referred to by staff Jon Johnson MOVED and David Malik SECONDED to close the Public Hearing Motion CARRIED. Planner Osborne stated that the closure date for Still Manor Mobile Home Park is December 31, 2002. In response to concerns from the public Mr Osborne stated that State law indicates that the age of a trailer alone cannot be used as a criterion for denying relocation of a trailer, but that the condition of the trailer is a criterion He stated that the appearance of the trailer may be a criterion used in denying a trailer that is being relocated because of a mobile home park closure Human Services Manager Katherin Johnson stated that though a park may not discriminate against a mobile home based on its age, there are certain things that are typically true of older mobile homes, including aluminum wiring She stated that Labor and Industries (L & 1) is the entity responsible for certifying that the electrical wiring in a mobile home is safe and often aluminum wiring is not safe. Therefore, mobile home park owners have the right to reject that 3 mobile home in their park. d Ms Johnson stated that a mobile home park owner is responsible for obtaining permits for siting mobile homes, making sure that the mobile homes are correctly connected to the electrical panels In response to Mr Dowell, Ms Johnson stated that if a park owner accepts responsibility for • accepting a mobile home older than 1976, which is not up to current standards, he assumes the Land Use and Planning Board Minutes August 26, 2002 Page 5 of 8 risk and liability She stated that every mobile home moved into a park must be inspected and certified by L & I Board member Ranniger questioned the number of residents from Still Manor who still need to relocate as well as how many residents have successfully been relocated Ms Johnson stated it Is her understanding that approximately 12 to 15 residents still reside in Still Manor She stated that a number of mobile homes have been abandoned She stated that one individual sold their mobile home and purchased a stick frame house Ms Johnson stated that several mobile homes have been moved to parks in Kent, even though very few spaces are available She stated that they have moved homes to Auburn and Black Diamond Ms Johnson stated that some residents have moved into apartments, with a few seniors choosing senior housing In response to Mr Harmon, Ms Johnson stated that from her perspective the ordinance would be used as a guideline by the Housing and Human Services Manager for review of the park closure plan Ms Johnson stated that she believes the Board requested inclusion of an appeal process to allow people opportunity to appeal decisions of the Housing and Human Services Manager. Ms Johnson stated this ordinance does not prevent mobile home park closures nor offer tenants monetary assistance, but rather it provides opportunities for individuals to connect with the Office of Housing and Human Services for referral information She stated that this ordinance could serve to smooth the path between tenants and landowners She voiced support of the ordinance. In response to Mr Dowell, Ms Johnson stated that she did not feel that owners of mobile homes • would be required to reveal a park owner's intent to close a park She stated that nothing in the Ordinance or RCW's indicate that every time a mobile home is sold, that the purchaser must be informed of a potential land sale Ms Anderson stated that Section 12 05 350 of the Ordinance states that "It is unlawful for any party to sell, lease or rent any mobile home or mobile home park rental space without providing a copy of any relocation report and plan to the prospective purchaser, lessee or renter, and advising the same, in writing, of the provisions "cited in the code Ms Anderson stated that if a relocation plan has been filed, it is incumbent upon both the mobile home park owner as well as the land owner to advise them In response to questions concerning defining low income, Ms Johnson stated that an annual income of $52,500 00 for a family of four is considered moderate income She stated that a drop j in income to $38,950 00 in the Puget Sound Region is considered low income, with $23,350 000 considered very low income Mr Thomas noted that this ordinance is geared to anyone living in mobile homes regardless of income levels Ms Johnson stated that the relocation assistance funds Still Manor residents were told would be available in 2002 is a State fund, which is currently depleted She stated that this fund draws its' capital from a ten dollar fee assessed on every mobile home sold ti Ms Johnson stated that park owners could not be held responsible if tenants choose not to submit information as requested in the ordinance, as the submittal of this information is voluntary • Mr Osborne responded to Ms Williams's inquiry on how the City's ordinance interacts with the RCWs by stating that the City's ordinance is concurrent with and adopts the RCWs by reference He stated that the applicant, the City and all parties participating in the mobile home park closure Land Use and Planning Board Minutes August 26, 2002 Page 6 of 8 process and creation of relocation assistance reports and plans must consider that State laws exist but that the ordinance provides the City and residents of mobile home parks with a fairer process and provides additional notice to those mobile home residents In response to an inquiry on allowing new mobile homes within the City limits, Mr. Osborne stated that it is his understanding that the City does not have any regulations prohibiting locating new mobile home parks within the City Mr Osborne stated that a limited amount of mobile home park zones exist in Kent and they tend to be located where mobile home parks exist Ms. Anderson stated that mobile homes are only allowed in mobile home parks in the City of Kent and not in other residential areas Mr Osborne stated that the exception would be if the occupied mobile home were used as an accessory to a commercial use such as an off-site security guard or manager's residence Mr. Osborne stated that the relocation is paid for by the resident household and only through the State's program of financial relocation assistance (a reimbursement program), where the relocating household has to keep track of their expenses in moving and than apply for the assistance He stated that a mechanism is in place to regenerate that fund January 1, 2003 through a mobile home purchase tax, with the amount of tax based on the purchaser's income Mr Johnson stated that concerns were raised as to whether the ordinance would meet constitutional criteria Ms. Adams-Pratt stated that the criteria the City would look at concerning constitutionality is whether or not regulations imposed on a developer would be unduly oppressive Mr. Thomas asked the City of Kent's Legal Department to define "assist" as referenced in the ordinance. Ms Pratt stated that the City could not impose a relocation fee, nor require a fee to gain a closure certificate She stated that a developer is not required to provide financial assistance but may elect to do so to speed up the closure process, which could be incorporated into the ordinance Ms Pratt stated that the City does not monitor this process Ms Fincher questioned if Legal perceives issues with interpretive ambiguity in this ordinance Ms Pratt stated that staff could add verbiage which says "that monetary assistance is not required" although she indicated that she did not see any issues with the ordinance as written. Ms Pratt concurred with Mr Harmon's statement on Section 12 05 370 — The Appeal Process, that both mobile home park land owners and mobile home owners may appeal a decision. Nicole Fincher MOVED and David Malik SECONDED to accept the ordinance amending Section 12 01 040 and Chapter 12 05 of the Kent City Code by adding provisions related to closure or change in the use of mobile home parks Motion CARRIED unanimously. #CPA-2002-1 COMPREHENSIVE PLAN UPDATE — PARKS ELEMENT Planner Gloria Gould-Wessen stated that this update is mandated by the State's Growth Management Act, requiring an update every seven years to the Comprehensive Plan Ms Wessen stated that Kent has five required elements and four optional elements. She stated that tonight's discussion would be on the optional Parks and Economic Development elements Ms Wessen stated that the Parks element provides a foundation for conditioning development permit approval and for the acquisition of parks and open space through that process She stated that this element provides a rationale for levels of service for our parks and open space. Ms Wessen stated that revisions have been made to text, goals and policies and current and • forecasted populations which is then used to establish levels of service She stated that the title of the element was changed to "Parks and Open Space" Ms Wessen stated that "Highline Land Use and Planning Board Minutes August 26, 2002 Page 7 of 8 School District" was included where practical and "Lake Young" inserted within goals and policies (P&R 3 2) Les Thomas MOVED and David Malik SECONDED to open the Public Hearing Motion CARRIED Seeing no speakers, Jon Johnson MOVED and Les Thomas SECONDED to close the Public Hearing. Motion CARRIED. #CPA-2002-1 COMPREHENSIVE PLAN UPDATE — ECONOMIC DEVELOPMENT ELEMENT Planner Osborne stated that the housing portion of the economic development element goals and policies has been modified as follows Policy ED-2.1 has been modified to include the word "invested" before the word stake- holders so that the policy reads "encourage homeownership to increase the number of invested stakeholders in the community " Policy ED-2.2 that read "encourage condominiums and private cluster housing, cottage housing or attached townhomes as alternatives to stacked apartment units" has been removed Policy ED-2.3 has been renumbered to ED-2.2. Policy ED-2.4 has been renumbered to ED-2 3 and language added before `transit service" so that the policy reads "encourage new housing development to be located closer to existing public services and existing or planned transit service " David Malik MOVED and Steve Dowell SECONDED to open the Public Hearing. Motion CARRIED. Seeing no speakers, Jon Johnson MOVED and Les Thomas SECONDED to close the Public Hearing Motion CARRIED. ! Jon Johnson MOVED and Steve Dowell SECONDED to recommend approval and adoption of CPA-2002-1 -updates to Chapter 10 Parks Element and Chapter 12 Economic Development Element Motion CARRIED unanimously ADJOURNMENT ' Nicole Fincher MOVED and Les Thomas SECONDED to adjourn Motion CARRIED. Chair Harmon adjourned the meeting at 9 15 p.m. Respectfully Submitted, Charlene Anderson, AICP, Planning Manager Secretary, Land Use and Planning Board S Term it\Plan\LUPB\20021Mmutes1020826min doc • Land Use and Planning Board Minutes August 26, 2002 Page 8 of 8