HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 07/16/2002 40
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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
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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
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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