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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 07/16/2002 40 4 • KENT W A5H 1NGTON PLANNING COMMITTEE COMMUNITY DEVELOPMENT July 16, 2002 Fred N.Satterstrom,AICP Director PLANNING SERVICES Charlene Anderson,AICP Manager The City Council Planning Committee will meet in Council Chambers East, Kent Mailing Address City Hall, 220 41h Avenue South, at 3:00 PM on Tuesday, July 16, 2002. 220 Fourth Ave. S. Kent,WA 98032-5895 Location Address 400 West Gowe Kent,WA 98032 Committee Members: Leona Orr, Chair Judy Woods Bruce White Phone:253-856-6454 Fax:253-856-6454 Action Speaker Time 1. Mobile Home Park Closures and YES Bill Osborne 30 min Tenant Relocation Assistance Ordinance The Planning Committee meets the third Tuesday of each month at 3:00 PM in Chambers East, Kent City Hall, 220 4th Ave. South, unless otherwise noted. For agenda information please.contact Jackie Bicknell at,(253) 856-5712. ANY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY CLERK'S OFFICE AT(253)856-5725IN ADVANCE. FOR TDD RELAY SERVICE CALL THE WASHINGTON TELECOMMUNICATIONS RELAY SERVICE AT 1-800-833-6388. JULY 109 2002 -------------------------------------------- THE AGENDA COVER SHEET FOR THE 07/16/02 ING COMMITTEE MEETING (3:00 PM) • TITLE OF ITEM #1 MOBILE HOME PARK CLOSURES AND TENANT RELOCATION ASSISTANCE ORDINANCE ACTION ITEM: Staff is recommending that the Planning Committee forward the proposed ordinance to the Land Use and Planning Board for a Public Hearing. BACKUP MATERIAL: Ordinance PRESENTER: William Osborne, Planner TIME: 30 Minutes 0 S:IPermitlPlanlPlanning CommitteeW0716pc-cvrsht.doe 0 ITEM #1 PLANNING COMMITTEE JULY 16, 2002 • MOBILE HOME PARK CLOSURES AND TENANT RELOCATION ASSISTANCE ORDINANCE • ACTION ITEM : Staff recommends that the Planning Committee forward the proposed ordinance to the Land Use and Planning Board 16r a Public Hearing. • COMMUNITY DEVELOPMENT Fred N. Satterstrom, C.D. Director PLANNING SERVICES Charlene Anderson,AICP, Manager KEN 1' Phone:Fax: 253-856-6454 WASHINGTON Address: 220 Fourth Avenue S. Kent,WA 98032-5895 DISCUSSION PAPER July 10, 2002 TO: LEONA ORR, CHAIR, AND MEMBERS OF PLANNING COMMITTEE FROM: WILLIAM D. OSBORNE, PLANNER RE: MOBILE HOME PARK CLOSURES AND TENANT RELOCATION ASSISTANCE ORDINANCE FOR PLANNING COMMITTEE MEETING OF JULY 16, 2002 INTRODUCTION This discussion paper provides a brief summary of a proposed ordinance to amend Chapter 12.05, The Mobile Home Park Code. The Planning Committee requested amendment to require relocation assistance planning, and to consider incentives for mobile home park owner provision of financial relocation assistance. The amendments to Chapter 12.05 will effectively require relocation assistance planning, but will not require financial assistance, nor provide incentives for such assistance. BACKGROUND The proposed amendments recognize the statutory authority of RCW Chapters 59.20 (Manufactured/Mobile Home Landlord-Tenant Act) and 59.21 (Mobile Home Relocation Assistance) in regards to mobile home park owner conduct. The amendments supplement these regulations with requirements for providing a descriptive relocation assistance report and plan that address impacts on mobile home park tenant households. Staff considered options for providing development incentives linked to the voluntary provision of financial relocation assistance by mobile home park owners. The considerations indicated that several challenges exist to creating substantial value in the way of incentives. The development standards of the City already provide much of the flexibility sought by developers. For instance, in several commercial and industrial zoning districts, yard setbacks are either not required except when adjacent to residential districts, and setbacks are minimal when required, Automobile or freight vehicle access and parking for a site generally reduce desire by the developer to minimize these setback distances. Many of the existing mobile home parks in Kent are located along arterial streets in close proximity to industrial and commercial zones, and it is likely the City would gain minimal response by offering development incentives to mobile home park owners for provision of financial relocation assistance. Therefore, staff did not include in the ordinance incentives for provision of financial assistance to relocating mobile home unit owners and. tenants. Relocation assistance planning does not preclude negotiation between mobile home park owners and tenants for provision of financial relocation assistance, however. This ordinance addresses the issue of procedural fairness through the following means: • Mobile home park owners shall provide early notice to and maintain communication with their tenants through the relocation assistance planning process, and notify prospective tenants of the pending relocation assistance report and plan; ■ A submitted relocation assistance report and plan must have approval, and a certification of completion issued by the City of Kent Human Services Manager prior to: ■ the filing of a notice of closure with the State of Washington, • consideration of any other permit or approval; ■ Relocation assistance reports and plans shall contain to the greatest extent possible information that identifies impacts on mobile home unit owners and tenants. Recommendation Staff recommends that the Planning Committee forward the proposed ordinance to the Land Use and Planning Board for a Public Hearing. CA/WO/pm S:\Pernvt\Plan\Planning Committee\2002\PC_StfRept.DOC Enc: Ordinance cc: Fred N. Satterstrom,CD Director Charlene Anderson,AICP,Planning Manager William Osborne,Planner Project File Page 2 of 2 i ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 12.05 of the Kent City Code by adding provisions related to closure or change in use of mobile home parks. WHEREAS, the closure of mobile home parks creates a harm to the public interest, health, safety, and general welfare through the displacement of low- income households, with the possible loss of a significant personal property iinvestment; and WHEREAS, many tenants of long-established mobile home parks own dwelling units that could be determined by the Washington State Department of Labor and Industries to be incapable or ineligible for relocation from mobile home parks; and WHEREAS, the City of Kent Comprehensive Plan includes policy direction to provide relocation assistance to low-income households, where feasible; and WHEREAS, the City of Kent seeks to establish regulations for the closure or change in use of a mobile home park that will mitigate the effects on the tenants of the mobile home park;NOW THEREFORE, • 1 Mobile Home Closures THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, • DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 12.05 of the Kent City Code is hereby amended to read as follows: CHAPTER 12.05 MOBILE HOME PARKS Section 12.05.020. Purpose. The purpose of this chapter is to provide rules, regulations, requirements, and standards for the development closure and change in use of mobile home parks in the city, insuring that the public health, safety, general welfare and aesthetics of the city shall be promoted and protected; that orderly growth, development, and the conservation, protection, and proper use of land shall be insured; that property provisions for all public facilities, including circulation, utilities, and services shall be • made; that maximum advantage of site characteristics shall be taken into consideration and that conformance with provisions set forth in the city comprehensive plan, zoning code and subdivision code shall be insured. Section 12.05.030. Scope. This chapter applies to any acquisition of land, improvement of land, or the development of land for mobile home park use. This chanter applies to the closure or change in use of mobile home parks. This chapter shall apply to all lands within the corporate boundaries of the city. Where this chapter imposes greater restrictions or higher standards upon the development of land than other laws, ordinances, codes or restrictive covenants, the provisions of this chapter shall prevail. Any expansion, reconstruction, or modification of an existing mobile home park shall comply with the standards, specifications, and procedures of this chapter. Any units brought into an existing mobile home park, any mobile home relocated on its own lot or onto any other . lot, and any additions to the structure or structures present on any lot, e.g., storage 2 Mobile Home Closures i buildings, canopies, decks, patios, fences, etc., must comply with this chapter as well as all other applicable city codes and regulations. Section 12.05.040. Enforcement. A. Inspection. In regard to the closure or change in use of mobile home parks, it shall be the duty of the manager of housinyand human services to enforce the applicable provisions of this chapter. In regard to all of the remaining provisions of this chapter. 4it shall be the duty of the building official to enforce all-the applicable provisions of this chapter after a final site plan has been approved. The manager r of housing and human services and the building official may inspect any mobile home park in order to verify compliance with this chapter. Each mobile home shall be inspected when it is placed on a mobile home lot to insure that all setback, separation requirements, etc., are met. Such inspection shall be performed at the time such mobile home is placed on the lot or as soon thereafter as is reasonably practicable. Failure to make such inspection shall not constitute a waiver of any of the provisions of this chapter. For inspection purposes, the manager of housing and human services and the building official or their his duly authorized representative shall have the right and is hereby empowered to enter any mobile home park. B. F.nforcenient. The code enforcement division of the fire department may require a permit for the placement of a mobile home on a lot and may charge for such permit. If, after due investigation, the building official determines that any provision of this chapter has been violated, the mobile home park owner shall have fourteen (14) days to remedy the violations. If the violations are not corrected within fourteen (14) days, the violations shall be forwarded to the city attorney for action under KCC 12.05.300, Penalties. If, after due investigation, the manager of housing and human services determines that a provision of this chapter has been violated enforcement action may be taken under KCC 12.05.360, • 3 Mobile Home Closures Section 12 05 320 Eviction notices for change of use or closure of a mobile home park. A Before a mobile home nark owner may issue eviction notices pursuant to a closure or change of use under RCW Chapter 59 21 the mobile home park owner must first submit to the housing and human services office a relocation report and plan that meets the requirements of Section 12 05 330 If applying for a change of use the mobile home park owner shall submit the relocation report and plan together with all other necessary applications Once the manager of housing and human services determines that the relocation report and plan meets the requirements of Section 12 05 330 the manager of housing and human services shall stamp his or her approval on the relocation roort and plan and return a copy of the approved plan to the mobile home park owner. If the manager of housing and human services determines that the relocation report and 121an does not meet the requirements of Section 12 05 330 the mangier of housing and human services may require the • mobile home12ark owner to amend or saplement the relocation report and plan as necessary to comply_with this chapter before approving it. B. No sooner than upon approval of the relocation report and plan, the owner of the mobile home park may issue the twelve (12) month eviction notice to the mobile home park tenants The eviction notice shall comply with RCW 59.20.080 and RCW 59 21 030 as amended No mobile home owner who rents a mobile bome lot may be evicted until the twelve 02) month notice period expires except pursuant to the State Mobile Home Landlord-Tenant Act Chapter 59.20 RCW. Sec 12 05 330 Relocation report and plan. A The relocation report andplan shall describe how the mobile home park owner intends to comply with RCW Ch pters 59.20 and 59 21 relating to mobile home relocation assistance and with Sections 12 05 320 through 12 05.370 of this chapter. The relocation report and plan must provide that the mobile home park owner will assist each mobile home park tenant household to relocate-, in addition to making any • 4 Mobile Home Closures State or Federal required relocation payments Such assistance must include providing tenants an inventory of relocation resources referring tenants to alternative public and private subsidized housing resources helping tenants obtain and complete the necessary application forms for State-required relocation assistance: and helping tenants to move the mobile homes from the mobile home park. Further, the relocation report and plan shall contain the following information: 1 The name address and family composition for each mobile home park tenant household: 2 The condition size ownership status HUD and State Department of Labor & Industries certification status and probable mobility of each mobile home occ Dying a mobile home lot: 3 Copies of all lease or rental agreement forms the mobile home park owner currently has in place with mobile home park tenants: 4 To the extent mobile home park tenants voluntarily make such information available a confidential listing of current monthly housing costs includin rent or mortgage payments and utilities for each mobile home park tenant household, 5 To the extent mobile home park tenants voluntarily make such information available a confidential listing of gross annual income for each mobile home park tenant household: 6 An inventory of relocation resources including-available mobile home - spaces in King Snohomish Kitsap and Pierce Counties: 7 Actions the mobile home park owner will take to refer mobile home park tenants to alternative public and private subsidized housing resources• 8 Actions the mobile home park owner will take to assist mobile home park tenants to move the mobile homes from the mobile home park: 9 Other actions the owner will take to minimize the hardship mobile home 12ark tenant households suffer as a result of the closure or conversion of the mobile home park: and 10 A statement of the anticipated timing for park closure. • 5 Mobile Home Closures I B. The manager of housing and human services may require the mobile home park owner to designate a relocation coordinator to administer the provisions of the relocation report and plan and work with the mobile home park tenants, the housing and human services office, and other city and State offices to ensure compliance with the relocation report and plan and with State laws governing mobile home park relocation assistance, eviction notification, and landlord/tenant responsibilities. C. The owner shall make available to any mobile home park tenant residing in the mobile home park copies of the proposed relocation report and plan, with confidential information deleted. Within fourteen (14) days of the manager of housing and human service's approval of the relocation report and 121an, a copy of the approved relocation report and plan shall be mailed by the owner to each mobile home park tenant. D. The mobile home park owner shall update with the housing and human services office the information required under this section to include any change of circumstances occurring after submission of the relocation report and plan that affects the relocation report and plan's implementation. Sec. 12.05.340. Certificate of completion of the relocation report and plan. No mobile home park owner may close a mobile home park, or implement and establish a change of use of a mobile home park until the mobile home park owner obtains a certificate of completion from the housing and human services office. The 1 - manager of-housing-and human services-shall-issue-a-certificate-ofcompletion only if I ----- -- satisfied that the owner has complied with the provisions of an approved relocation Mort and plan, the eviction notice requirements of RCW 59.20.080 and 59.21.030, the relocation assistance requirements of RCW 59.21.021, and any additional requirements imposed in connection with required city applications. Sec. 12.05.350. Notice of provisions. It is unlawful to sell, lease or rent any mobile home or mobile home park rental space without providing a copy of anx relocation report and 121an to the prospective purchaser, lessee, or renter., and advising 6 Mobile Home Closures the same in writing of the provisions of Sections 12.05.320 through 12.05.370 of this chapter and the status of any relocation report and plan Sec 12 05 360 Administration The manager of housing and human services shall administer and enforce Sections 12.05.320 through 12.05.370 of this chapter. Whenever an owner or an owner's agent fails to comply with the Provisions of Sections 12 05 320 through 12.05.370, the following may occur: A The manager of housing and human services may deny, revoke, or condition a certificate of completion a permit or another approval: B. Any other appropriate city official may condition any permit or other approval upon the owner's successful completion of remedial actions deemed necessary by the manager of housing and human services to carry out the purposes of Sections 12.05.320 through 12.05.370. Sec 12.05.370. Closure and government sponsorship. • A If an eminent domain action by a Federal, State or local agency causes closure of a mobile home park and the procedures set forth in the Federal Uniform Relocation Assistance and Real PropertAcquisition Policies Act, 42 U.S.C. 4601 et seq., and the regulations of 49 CFR Part 24 or the Relocation Assistance - Real Property Acquisition Policy Act of Chapter 8.26 RCW and the regulations of Chapter 468-100 WAC-we-fallowed--the-Lqquirementsof-those-asts-and regulations-will--supersede-the - - requirements of Section 12.05.320 through 12.05.370. B. If a condemnation action of the city causes closure of a mobile home park, the city will be responsible for fulfilling the requirements of the standards contained herein If the city chooses to follow portions of the State act and regulations and the manager of housing and human services and the director of public works determine that there is a conflict or redundancy between the portions of the State act and regulations being followed by the city, and the standards contained herein, the State act shall take precedence in such areas of conflict or redundancy. If the State act is • 7 Mobile Home Closures . followed in all respects such act will supersede the requirements of this section and the standards contained herein. SECTION 2. —SeverabiliU. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. — Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY • 8 Mobile Home Closures I PASSED: day of 2002. APPROVED: day of , 2002. PUBLISHED: day of , 2002. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:1Ci vi Ilordi nan celMobi IeHomeClosure.doc 9 Mobile Home Closures