HomeMy WebLinkAboutO-2926 - Rezone (Special)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO W
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AFFIRMING THE RECOMMENDATION OF THE PLANNING COMMISSION,
PROVIDING FOR THE AREA-WIDE REZONE OF FOUR (4) EXISTING
MANUFACTURED HOMES PARKS FROM SPECIFIED RESIDENTIAL ZONES
TO THE RESIDENTIAL-MANUFACTURED HOME PARK (R-MHP) ZONE TO
CONFORM TO THE CITY OF MARYSVILLE COMPREHENSIVE PLAN;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY AND PROVIDING
FOR SEVERABILITY
WHEREAS, Community Development Staff initiated a SEPA NON-PROJECT action
area-wide rezone of existing manufactured Homes Parks, (hereafter \\MHPs" ) within
specified residential zones, said properties being depicted in Exhibit A attached hereto and
incorporated by this reference; and
WHEREAS, the City of Marysville has developed and implemented, through its
Comprehensive Plan and zoning code, certain provisions for the identification of zoning
regulations, planning subareas, zoning districts and development standards to be operative
within the City of Marysville; and
WHEREAS, on March 1, 2013, the City issued a State Environmental Policy Act
(SEPA) Threshold Determination of Non-significance (DNS), which identifies and addresses
the environmental impacts of the NON-PROJECT action of the propoed area-wide rezone;
and
WHEREAS, the City of Marysville Planning Commission held a public workshop to
discuss the proposed NON-PROJECT action area-wide rezone on February 12, 2013; and
WHEREAS, after providing notice to the public as reqUired by law, on March 25, 2013
the Marysville Planning Commission held a public hearing on the proposed areawide rezone
of existing MHPs in specified residential zones and received public input and comment on
said proposed revisions and adopted Findings, Conclusions and Recommendation of
approval of the rezone as set forth in Exhibit B; and
WHEREAS, the Marysville City Council held a public meeting on the proposed NON
PROJECT action area-wide rezone on May 13, 2013 and concurred with the Findings,
Conclusions and Recommendation of the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1. The Findings, Conclusions and Recommendation of the Planning
Commission, as set forth in the attached Exhibit B, are hereby approved, adopted and
incorporated by this reference, and based upon the record in this matter, the City Council
hereby finds as follows:
(1) The area wide rezone is consistent with the purposes of the Marysville
Comprehensive Plan;
(2) The area wide rezone is consistent with the purpose of Title 22 MMC;
(3) There have been significant changes in the circumstances to warrant the
area wide rezone; and
(4) The benefit or cost to the public health, safety and welfare is sufficient
to warrant the area wide rezone.
Section 2. The four (4) existing, residentially zoned MHPs subject to this area-wide
rezone are located as follows: Glenwood Mobile Estates, 5900 64th St NE which is currently
zoned R-18; Emerald Hills Estates, 14727 43'd Ave NE which is currently zoned R-18;
Crystal Tree Village, 16600 25th Ave NE which is currently zoned R-12; and La Tierra MHP,
4401 80th St NE which is currently zoned R-18. All four (4) are hereby rezoned to the R
MHP zone.
Section 3. The official zoning map of the City of Marysville is hereby amended to
reflect the reclassification of the properties to the Residential-Mobile Home Park (R-MHP)
zone as depicted in Exhibit A.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or work
of this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase or word of this
ordinance.
PASSED by the City Council and APPROVED by the Mayor this l1 tA day of
~ , 2013.
CITY OF MARYSVILLE
By:
Attest:
By:
't' CITY LERK
'1<!..p<L+y\
Approved as to form: JJ
By:Dli~t ~ /~NT K. WEED, CITY ATTORNEY
Date of Publication: __5""4-J//u.~~L...LJ_3",,---
Effective Date: 5/)0 )3
EXHIBIT A
COMMUNITY DEVELOPMENT DEPARTMENT
80 Columbia Avenue • Marysville, WA 982701Mary~ (360) 363-8100 • (360) 651-5099 FAX :v'ASHIi GT~r ~
MEMORANDUM
DATE: March 20, 2013
TO: Planning Commission
FROM: Cheryl Dungan, Senior Planner
RE: Areawide Rezones -Manufactured Home Parks
INTRODUCTION
In 2010 the Marysville City Council adopted Ordinance 2832 which established a new
Residential-MobilelManufactured Home Park (R-MHP) zone that was designed to help
preserve existing MHPs that contain rental pads within residential zones. While the
rezoning of an existing park to the R-MHP zone does not offer permanent protection, it
does provide public paIticipation through the rezone process if the park owner chooses to
convert the park to another use not allowed in the R-MHP zone. The adopted ordinance
also established permitted and conditional uses within the new zone.
Due to a number of Court appeals to a similar City of Tumwater ordinance, Marysville
placed the actual rezoning of the parks on hold. The appeals have since worked their way
through the courts, with the City of Tumwater's Ordinance prevailing. Therefore, the
City of Marysville is proposing to move forward with the rezoning of specific MHPs
within residential zones within the City.
Marysville cUlTently has 13 MHPs within the city limits which contain 1,130 rental
spaces. Of the 13 MHPs located within Marysville, 7 are located within residential
zones. At this time, staff is recommending 4 of the 7 parks be rezoned to the R-MHP
zone.
TABLE 1: MHPs IN RESIDENTIAL ZONES
Park Name CUlTent Zoning # of units Age Restricted
Crystal Tree
Village R-12 163 55+
Emerald Hills
Estates R-18 139 55+
Glenwood Mobile
Estates R-18 231 55+
La Tierra R-18 62 55+
Cedar Lane Park R-18 20 None
Kellogg Village R-6.5 108 None
Country Mobile
Estates R-6.5 24 None
1
The parks being recommended by staff for the R-MHP zone are Crystal Tree Village;
Emerald Hills Estates; Glenwood Mobile Estates; and La Tierra MHP. Staff believes that
Kellogg Village is already protected in perpetuity as a MHP due to the method of
approval in Snohomish County prior to annexation, so is not being recommended for
rezone at this time. Including Kellogg Village, with the granting of the rezones/ 703
rental spaces out of the existing 747 spaces (or 94%) available in residential zones will
receive additional protection within the City of Marysville.
It should be noted that existing parks located in commercial and/or industrial zones
are not included in the areawide rezones as they are not considered appropriate
long term locations for a residential use such as a MHP. The 6 MHPs which contain
a total of 383 rental pads (34% of all spaces in Marysville) located in commercial
zones are identified in Table 2 below:
ParkNarne ... ·Cun·eIltZOiiing ........•.. # Qfunits ........ Age Restricted
Brookside GC 44
37
74
74
None
55+
55+
55+
Liberty Village MU
Midway Gardens GC
Mobile Haven CB
Mobile Manor CB 92
62
55+
NoneTwin Cedars GC
2
INDIVIDUAL PARK RECOMMENDATIONS
Glenwood Mobile Estates -5900 64th Street NE
Existing Use: Mobile Home Park
Size: 36-acres
Spaces: 231
Recommendation: Change the zoning
from R-18 to R-MHP
Analysis: The proposed rezone complies
with goals and policies in the
Comprehensive Plan to preserve existing
Existing MHP in areas designated
residential
A. Request
The City proposes rezoning Glenwood Mobile Estates (TP #'s 30052700400800;
3005270041500; 30052700401600) to the R-MHP zone.
B. Site Description
64thGlenwood Mobile Estates is located at 5900 Street 1% in Marysville, is
approximately 35.9 acres in size, and offers 231 rental spaces with an existing density of
approximately 6.4 dulac. The park is a senior community, where approximately 80% of
the residents are above the age of 55, while the other 20% are mostly in their forties. The
park primarily consists of double wide structures; however, approximately one fourth of
the homes are single wide. Since this is a senior park, there is not much movement or
relocation of residents.
C. Comprehensive Plan
The proposed rezone is consistent with existing goals and policies established in the 2005
City of Marysville Comprehensive Plan which supports the preservation of existing
mobile/manufactured home parks as a source of affordable detached housing within
residentially designated areas of the City. The following are goals/policies which support
the preservation of existing neighborhoods and a range of affordable housing types
including MHP:
Page 4-28, General Development Land Use Goals & Policies
Goal 5: As appropriate, protect and strengthen the vitality and stability of existing
neighborhoods.
Page 4-30, Residential Land Use Goals & Policies
3
Goal 15: Provide for new residential development that is compatible with the
present housing stock while also preserving a broad range of housing types and
dwelling unit densities to serve diverse lifestyles, income levels, and ages.
LU-23 Encourage a range of housing types and densities, including small lot
single family, zero Jot line developments, cluster housing, town houses, duplexes,
triplexes, apartments (high and low density, including garden), accessory
apartments, mobile home parks. Increase the opportunities for home ownership
through the availability of these housing types.
The following are goals and policies which specifically support the preservation of
existing residentially designated MHP:
Page 5-22, Housing Element 'County-Wide Planning Policies Relating to
Housing:
CWPP-HO-8 Implement policies and programs that encourage the upgrading of
neighborhoods and the rehabilitation and preservation of the supply of existing
affordable housing, including, but not limited to, mobile home park housing,
single room (SRO) housing, and manufactured housing.
NOTE: County-wide planning policies
HO-5 Support the development and preservation of mobile home parks and
subdivisions.
D. Zoning
Existing Zoning
4
Proposed Zoning: R-MHP
111e property is currently zoned R-18. The City is proposing to rezone the park to the R
MHP zone.
E. Conformance with SEPA
The proposed rezone was processed in accordance with Title 22E, City of Marysville
Environmental Policy Ordinance and Chapter 197-11 WAC, State Environmental PoIicy
Act (SEPA). A DNS was issued on March 1, 2013, there were no appeals.
REVIEW AND ANALYSIS
1) The proposed rezone implements, and is consistent with the 2005 City of
Marysville Comprehensive Plan to retain existing mobile home parks in
residentially designated parts of the City and to maintain a source of affordable
housing.
2) The proposed rezone is necessary to achieve consistency with the development
regulations and the 2005 City ofMarysville Comprehensive Plan.
3) The zone reclassification and existing use is consistent and compatible with uses
and zoning of the smroul1ding area.
5
Emerald Hills Estates -14727 43 Td Ave NE
EJt.;sting Use: Mobile Home Park
Size: 35-acres
Spaces: 139
Recommendation: Change the zoning
from R-18 to R-MHP
Analysis: The proposed rezone complies
with goals and policies in the
Comprehensive Plan to preserve existing
MHP in areas designated residential
A. Request
The City proposes rezoning Emerald Hills Estates (TP # 31053300401200) from R-18 to
R-MHP.
B. Site Description
Emerald Hills Estates is located at 14727 43rd Avenue NE in Marysville, and is 34.43
acres in size with a total of 139 rental spaces. The density is 4 dulac. This park is a
senior community park, so all residents are over the age of 55. The structures consist of
double and triple wide homes. There is an abundance of parking space available aside
from those designated to each space.
C. Comprehensive Plan
The proposed rezone is consistent with existing goals and policies established in the 2005
City of Marysville Comprehensive Plan which supports tbe preservation of existing
mobile/manufactured borne parks as a source of affordable detached housing ,vithin
residentially designated areas of the City. The following are goals/policies which support
the preservation of existing neighborhoods and a range of affordable housing types
including MHP:
Page 4-28, General Development Land Use Goals & Policies
Goal 5: As appropriate, protect and strengthen the vitality and stability of existing
neighborhoods.
Page 4-30, Residential Land Use Goals & Policies
Goal 15: Provide for new residential development that is compatible with the
present housing stock while also preserving a broad range of housing types and
dwelling units densities to serve diverse life styles, income levels, and ages.
6
LU-23 Encourage a range of housing types and densities, including small lot
single family, zero lot hne developments, cluster housing, town houses, duplexes,
triplexes, apartments (high and low density, including garden), accessory
apartments, and mobile home parks. Increase the opportunities for home
ownership through the availability of these housing types.
The following are goals and policies which specifically support the preservation of
existing residentially designated MHP:
Page 5-22, Housing Element 'County-Wide Planning Policies Relating to
Housing:
CWPP-HO-8 Implement policies and programs that encourage the upgrading of
neighborhoods and the rehabilitation and preservation of the supply of existing
affordable housing, including, but not limited to, mobile home park housing,
single room (SRO) housing, and manufactured housing.
NOTE: Cm.illty-wide plarming policies
HO-5 Support the development and preservation ofmobile home parks and
subdivisions.
D. Zoning
Existing Zoning
Staff Initiated Area-wide Rezone #3
Existing Zoning R-18
7
Proposed Zoning: R-MHP
t~THST HE.. l:t: n-
Staff Initiated Area-wide Rezone #3
PROPOSED ZONING R-MHP
Z 2
The property is currently zoned R-18. Staff is recommending the park be rezoned to the
R-MHP zone.
E. Conformance with SEPA
The proposed rezone was processed in accordance with Title 22E, City of Marysville
Environmental Policy Ordinance and Chapter 197-11 WAC, State Environmental Policy
Act (SEPA). A DNS was issued on March 1,2013, there were no appeals.
REVIEW AND ANALYSIS
1) The proposed rezone implements, and is consistent with the 2005 City of
Marysville Comprehensive Plan to preserve existing mobile home parks in
residentially designated parts of the City and to maintain a source of afTordable
housing.
2) The proposed rezone is necessary to achieve consistency with the development
regulations and the 2005 City ofMarysville Comprehensive Plan.
3) The zone reclassification and existing use is consistent and compatible with uses
and zoning of the surrounding area.
8
La Tierra MHP -4401 80th St NE
Existing Use: Mobile Home Park
Size: 9.8 acres
Spaces: 62
Recommcndation: Change the zoning
from R-18 to R-MHP
Analysis: The proposed rezone complies
with goals and policies in the
Comprehensive Plan to preserve existing
Existing MHP in areas designated
residential
A. Request
The City proposes rezoning La Tierra MHP (TP # 30052100405200)from R-18 to R
MHP.
B. Site Description
La Tierra is located at 4401 80th Street NE in Marysville, and is approximately 9.83 acres
in size, with 62 rental spaces. The density is 5.4 dulac. The park consists of about 75%
double wide mobile homes and 25% single wide mobile homes. Since the park is a
senior conununity park, the park residents usually have a lengthy tenure.
C. Comprehensive Plan
The proposed rezone is consistent with existing goals and policies established in the 2005
City of Marysville Comprehensive Plan which supports the preservation of existing
mobile/manufactured home parks as a source of affordable detached housing within
residentially designated areas of the City. The following are goals/policies which support
the preservation of existing neighborhoods and a range of affordable housing types
including MHP:
Page 4-28, General Development Land Use Goals & Policies
Goal 5: As appropriate, protect and strengthen the vitality and stability of existing
neighborhoods.
Page 4-30, Residential Land Use Goals & Policies
Goal 15: Provide for new residential development that is compatible with the
present housing stock while also preserving for a broad range of housing types
and dwelling units densities to serve diverse life styles, income levels, and ages.
9
LU-23 Encourage a range of housing types and densities, including small lot
single family, zero lot line developments, cluster housing, town houses, duplexes,
triplexes, apartments (high and low density, including garden), accessory
apaI1ments, and mobile home parks. Increase the opportunities for home
ownership through the availability of these housing types.
The following are goals and policies which specifically support the preservation of
existing residentially designated MHP:
Page 5-22, Housing Element 'County-Wide Planning Policies Relating to
Housing:
CWPP-HO-g Implement policies and programs that encourage the upgrading of
neighborhoods and the rehabilitation and preservation ofthe supply of existing
affordable housing, including but not limited to mobile home park housing, single
room (SRO) housing, and manufactured housing.
NOTE: County-wide planning policies
HO-S SUPP011 the development and preservation of mobile home parks and
subdivisions.
D. Zoning
Existing Zoning
I
10
The property is currently zoned R-18. Staff is recommending the park be rezoned to the
R-MEP zone.
E. Conformance with SEPA
The proposed rezone was processed in accordance with Title 22E, City of Marysville
Environmental Policy Ordinance and Chapter 197-II WAC, State Environmental Policy
Act (SEPA). A DNS was issued on March I, 2013, there were no appeals.
REVIEW AND ANALYSIS
1) The proposed rezone implements and is consistent with the 2005 City of
Marysville Comprehensive Plan to preserve existing mobile home parks in
residentially designated parts of the City and to maintain a source of affordable
housing.
2) The proposed rezone is necessary to achieve consistency with the development
regulations and the 2005 City ofMarysville Comprehensive Plan.
3) The zone reclassification and existing use is consistent and compatible with uses
and zoning of the surrounding area.
11
Crystal Tree Village -16600 25th Ave NE
Existing Use: Mobile Home Park
Size: 21.8 acres
Spaces: ]63
Recommendation: Change the zoning from
R-12 to R-MHP
Analysis: The proposed rezone complies with
goals and policies in the Comprehensive Plan
to preserve existing MHPs in areas designated
residential
A. Request
Staff proposes rezoning Crystal Tree Village (TP # 30052100405200) from R-12 to R
MHP.
B. Site Description
Crystal Tree Village is located at 16600 25th Avenue NE in Marysville, is approximately
21.84 acres in size, and has a total of 163 rental spaces. The park density is
approximately 7.5 dulac. This is a senior park so the park is fairly stable; however, since
the new Lakewood Crossing development, there has been more vacancies because of the
busy road. The park consists of 2/3 single wide mobile homes and the remaining are
double wide. Since there are a significantly higher number of single mobile homes, the
average age of the structures is in the late 70s.
C. Comprehensive Plan
The proposed rezone is consistent with existing goals and policies established in the 2005
City of Marysville Comprehensive Plan which supports the preservation of existing
mobile/manufactured home parks as a source of affordable detached housing within
residentially designated areas of the City. The following are goals/policies which support
the preservation of existing neighborhoods and a range of affordable housing types
including MHP:
Page 4-28, General Development Land Use Goals & Policies
Goal 5: As appropriate, protect and strengthen the vitality and stability of existing
neighborhoods.
12
Page 4-30, Residential Land Use Goals & Policies
Goal 15: Provide for new residential development that is compatible with the
present housing stock while also preserving for a broad range of housing types
and dwelling un.its densities to serve diverse life styles, income levels, and ages.
LU-23 Encourage a range of housing types and densities, including small lot
single family, zero lot line developments, cluster housing, town houses, duplexes,
triplexes, apartments (hjgh and low density, including garden), accessory
apartments, mobile home parks. Increase the opportunities for home ovmership
tlu-ough the availability ofthese housing types.
The following are goals and policies which specifically support the preservation of
existing residentially designated MHP:
Page 5-22, Housing Element 'County-Wide Planning Policies Relating to
Housing:
CWPP-HO-8 Implement policies and programs that encourage the upgrading of
neighborhoods and the rehabilitation and preservation of the supply of existing
affordable housing, including but not limited to mobile home park housing, single
room (SRO) housing, and manufactured housing.
NOTE: County-wide planning policies
HO-5 Support the development and preservation of mobile home parks and
subdivisions.
D. Zoning
Existing Zoning
I
~ ~\8L
I
PLNE
168TH PL
.__ .1 REC I
'-------,
13
Proposed Zoning: R-MHP
168TH PL
L II '
Staff Initiated Area-wide Rezone #6
PROPOSED ZONING R-MHP ~~I--~===-:\
The property is cunently zoned R-12. Staff is proposing the park be rezoned to the R
MHP zone.
E. Conformance with SEPA
The proposed rezone was processed in accordance with Title 18, City of Marysville
Environmental Policy Ordinance and Chapter 197-11 WAC, State Environmental Policy
Act (SEPA). A DNS was issued on March 1,2013, there were no appeals.
REVIEW AND ANALYSIS
1) The proposed rezone implements and is consistent with the 2005 City of
Marysville Comprehensive Plan to preserve existing mobile home parks in
residentially designated pru.1s of the City and to maintain a source of affordable
housing.
2) The proposed rezone is necessary to achieve consistency with the development
regulations and the 2005 City ofMarysville Comprehensive Plan.
3) The zone reclassification and existing use is consistent and compatible with uses
and zoning of the surrounding area.
14
Cedar Lane Mobile Home Park-6118 67th Ave NE
Existing Use: Mobile Home Park
Size: 2.9-acres
Spaces: 20
Recommendation: No change
Analysis: Park is small, majority of homes
are SW and placed fairly close together.
Unlikely DWs would fit in SW spaces
resulting in a decrease in density overtime.
A. Request
Staff recommends the park not be rezoned at this time.
B. Site Description
Cedar Lane Mobile Home Park is located at 6118 67th Ave NE in Marysville, is
approximately 2.9 acres in size, and offers 20 rental spaces with an existing density of
approximately 6.9 dulac. The park consists of 17 single wide structures, and 3 double
wide homes. Since there are a significantly higher number of single mobile homes and
they are spaced close together, it's likely the park will decrease in density overtime. The
average age of the structures is in the early to mid 80s. Overall, the structures and
landscaping seem to be in decent condition considering most of the homes are older.
C. Comprehensive Plan
The 2005 City of Marysville Comprehensive Plan SUpp0l1s urban densities within the
Urban Growth Area (UGA).
Page 4-30 Residential Land Use Goals & Policies
Accommodate demand for urban-density living and services only within Urban
Growth Areas.
Page 4-32, Residential Land Use Goals & Policies
Policy LU-40: Allow and encourage uses that support increased densities, but
maintain the single-family character and minimize the impact on existing
neighborhoods such as duplexes and accessory units.
15
D. Zoning
Retain Existing Zoning
The property is currently zoned R-18..
16
Existing Use: Mobile Home Park
Size: 19.9-acres
Spaces: 108
Recommendation: No Change
Analysis: Already protected under
County PRD approval-demonstration
project
A. Request
The City proposes no change m zorung for Kellogg Village MHP (TP #
30051500202100)..
B. Site Description
Kellogg Village Mobile Home Park is located at 5711 100th St NE, is 19.93 acres in size,
and has a total of 108 rental spaces. The density is 5.4 dulac. There is a combination of
double wide and triple wide mobile homes, with 89% being DW and the remaining 11 %
TW. This is a relatively new park that is well kept. The park is not limited to seniors.
C. Comprehensive Plan
The proposed rezone is consistent with existing goals and policies established in the 2005
City of Marysville Comprehensive Plan which supports the preservation of existing
mobile/manufactured home parks as a source of affordable detached housing within
residentially designated areas of the City. The following are goals/policies which support
the preservation of existing neighborhoods and a range of affordable housing types
including MHP:
Page 4-28, General Development Land Use Goals & Policies
Goal 5: As appropriate, protect and strengthen the vitality and stability of existing
neighborhoods.
Page 4-30, Residential Land Use Goals & Policies
Goal 15: Provide for new residential development that is compatible with the
present housing stock while also' preserving a broad range of housing types and
dwelling units densities to serve diverse life styles, income levels, and ages.
17
LU-23 Encourage a range of housing types and densities, including small lot
single family, zero lot line developments, cluster housing, town houses, duplexes,
triplexes, apaltments (high and low density, including garden), accessory
apmtrnents, mobile home parks. Increase the opportunities for home ownership
through the availability of these housing types.
The following are goals and policies which specifically support the preservation of
existing residentially designated MHP:
Page 5-22, Housing Element 'County-Wide Planning Policies Relating to
Housing:
CWPP-HO-8 Implement policies and programs that encourage the upgrading of
neighborhoods and the rehabilitation and preservation of the supply of existing
affordable housing, including but not limited to mobile home park housing, single
room (SRO) housing, and manufactured housing.
NOTE: County-wide planning policies
HO-5 Support the development and preservation of mobile home parks and
subdivisions.
D. Zoning
Retain Zoning
E. REVIEW AND ANALYSIS
1) Kellogg Village received a rezone/PRD for entire project; and a conditional use
permit (CUP) was granted for the MHP, the project '''las also part of a
demonstration project and the according to the conditions of approval, the MHP is
restricted +
18
2) While the existing park is consistent with the comp plan policies and R-MHP
zoning designation criteria, the park is already protected for long telm protection
and the rezone to the R-MJIP zone is illU1ecessary in this particular instance.
Country Mobile EstateS-1l901551h Ave NE
Existing Use: Mobile Home Park
Size: 8.S-acres
Spaces: 24
Recommendation: No change
Analysis: Park is considered a legal non
conforming use; does not meet urban densities.
A. Request
Staff recommends the park not be rezoned at this time.
B. Site Description
Country Mobile Estates is located at 11901 55th Ave NE in Marysville, is approximately
8.5 acres in size, and contains 24 rental spaces with an existing density of approximately
2.8 dulac. The park is currently underdeveloped, and is considered a legal non
conforming use within a single-family residential zone.
C. Comprehensive Plan
The 2005 City of Marysville Comprehensive Plan supports urban densities within the
Urban Growth Area (UGA).
Page 4-30 Residential Land Use Goals & Policies
Accommodate demand for urban-density living and services only within Urban
Growth Areas.
Page 4-32, Residential Land Use Goals & Policies
Policy LU-40: Allow and encourage uses that support increased densities, but
maintain the single-family character and minimize the impact on existing
neighborhoods, such as duplexes and accessory units.
19
D. Zoning
Retain existing Zoning
The property is cun-ently zoned R-6.5.
E. Review and analysis
The park is cun-ently considered a legal non-confonning use that is not developed to
minimum urban densities. The park should be allowed to redevelop to urban standards
under current R-6.5 zoning regulations.
20
EXHIBIT B
DEVELOPMENT DEPARTMENT
80 Columbia Avenue • Marysville, WA 98270
(360) 363-8100 • (360) 651-5099 FAX
PC Recommendation -MHP Zone Creation/Code Amendments
The Planning Commission {PC} of the City of Marysville, having held a public hearing to review
the following proposal: City-initiated areawide NON-PROJECT rezone proposal to consider the
rezoning of the following existing, residentially-zoned Manufactured Home Parks (MHP):
Glenwood Mobile Estates
(Rezone #1)
Property Location: 5900 64th St NE
Property Size: 36 acres
Existing Zoning: R-18
Proposed Zoning: R-MHP
Emerald Hills Estates
(Rezone #2)
Property Location: 14727 43nl Ave NE
Property Size: 35 acres
Existing Zoning: R-18
Proposed Zoning: R-MHP
Crystal Tree Village
(Rezone #3)
Property Location: 16600 25th Ave NE
Property Size: 22 acres
Existing Zoning: R-12
Proposed Zoning: R-MHP
La Tierra MHP
(Rezone #4)
Property Location: 4401 80th St NE
Property Size: 10 acres
Existing Zoning: R-18
Proposed Zoning: R-MHP
Cedar Lane MHP
(Rezone #5)
Property Location: 611j8 67th Ave NE
Property Size: 2.9 acres
Existing Zoning: R-tS
Proposed Zoning: R-MHP
Kellogg Village
(Rezone #6)
Property Location: 5711100th St NE
Property Size: 20 acres
Existing Zoning: R-6.5
Proposed Zoning: R-MHP
Country Mobile Estates
(Rezone #7)
Property Location: 1190155tb Ave NE
Property Size: 8.5 acres
Existing Zoning: R-6.5
Proposed Zoning: R-MHP
-----------------------------
Findings:
The PC held a public work session to review the City-initiated areawide NON-PROJECT rezOne
proposal on Februarv 12, 2013 and having considered the exhibits and testimony presented
does hereby enter the following findings, conclusions and recommendation for consideration
by the Marysville City Council:
1. A Determination of Non-Significance was issued on March 1st. 2013 which addresses the
environmental Impacts of City-initiated areawide NON-PROJECT rezone proposal in
accordance with WAC 197-11-630.
2. The PC held a duly-advertised public hearing on March 26, 2013 and received testimony
from city staff, the general public, and one attorney -representing the park residents. Two
persons spoke In favor of the proposed code revisions, one person spoke against the
proposed code revisions. The persons who spoke in favor wanted the code revisions to
apply to all MHPs within the city, not just those located within residential zones.
CONCLUSIONS:
At the public hearing, held on March 26, 2013, the PC recommended adoption the City-Initiated
areawide NON-PROJECT rezone proposal as reflected in the PC minutes attached hereto as
ExhibltA.
Recommendation:
cil as a Recommendation of Approval of the City-initiated areawide
osal by the City of Marysville Planning Commission this 26th day of
By: -dibl++ll-r
t
EXHIBIT A
to the mailboxes. Mr. Cowley concurred and noted that the way the box is setup, it is
necessary to stand in the street and open it with a key from there.
PUBLIC HEARINGS:
Manufactured Home Park Rezones
Chair Leifer opened the hearing at 7:25.
Staff Presentation:
Cheryl Dungan delivered a PowerPoint presentation (contained in the Planning Commission
packet) which reviewed the background of the Residential Manufactured Home Park (R
MHP) zone and mobile home parks in Washington. Park closures and evictions result in
serious hardship on tenants which is why the City adopted an R-MHP zone back in 2010.
There are currently 13 manufactured home parks with approximately 1130 rental spaces.
Six of those parks are currently in commercial zones, and those are not proposed for
rezone tonight. It was decided in the Comprehensive Plan that MHPs in commercial zones
should be allowed to redevelop when the owners are ready. MHPs under consideration
tonight for rezone are: Crystal Tree Village, Emerald Hills Estates, Glenwood Mobile
Estates, La Tierra, Cedar Lane Park, Kellogg Village, and Country Mobile Estates totaling
approXimately 740 homes.
Recommendations on individual parks:
• Glenwood Mobile Estates: Apply R-MHP zone designation. It complies with
comprehensive plan goals and policies for MHP preservation.
• Emerald Hills Estates: Apply R-MHP zone designation. It complies with
comprehensive plan goals and policies for MHP preservation.
• Crystal Tree Village: Apply R-MHP zone designation. It complies with
comprehensive plan goals and policies for MHP preservation.
• La Tierra: Apply R-MHP zone designation. It complies with comprehensive plan
goals and policies for MHP preservation.
• Cedar Lane Park: No action. The park is small. The majority of the homes are single
wides and fairly close together. It is unlikely double wides would "fit" in resulting in a
decrease in density.
• Kellogg Village: No action. This is already protected under Planned Residential
Development approval under Snohomish County.
• Countrv Mobile Estates: No action. It was established in Snohomish County prior to
annexation and is a legal non-conforming use.
Commissioner Hoen asked if the one-year notification requirement would still be required
for those MHPs that are not rezoned. Ms. Dungan replied that the one-year notice is a state
requirement and not one the City governs; whether the park is rezoned or not, that
requirement would continue. The rezone simply adds a layer for public review for the city
process.
3/26/13 Planning Commission Meeting Minutes
Page 3 of9
Public Testimony:
Ishbel Dickens, 3306 E John Street, Seattle, WA 98112, Executive Director of the National
Manufactured Home Owners Association, spoke in favor of the recommendations, but
encouraged the City to go beyond staff recommendations. She believes all 13
manufactured housing communities in the City of Marysville deserve the same protection.
She stressed that the homeowners that are located in commercial zones are probably the
most vulnerable to lose their homes through redevelopment and the least likely to be able to
protect themselves. As housing and development starts to pick up again, she believes the
people in MHPs on commercial corridors will be the first ones to lose their homes. She
stated that even with the one-year notice residents generally cannot afford to move their
homes. She encouraged the City to consider expanding the zone to include those in
commercial areas. Failing that, she would like to see that all MHPs with residential zoning of
any type are covered by the zone. When the staff originally put together the zoning
ordinance in 2010 and it was passed by the Planning Commission, she believes that Cedar
Lane was recommended for inclusion. She is not sure why they took that one out of the
zone this time since it has similar zoning to three of the communities that are included in the
recommendation. Additionally, Country Mobile Estates should be protected since it is also a
residential zone. Otherwise, she believes the City will open themselves up to potential
questioning by community owners if they start doing a spot zone approach to the zoning.
She reviewed the 9th Circuit Court of Appeals decision that said the City of Tumwater's
ordinance is constitutional under both the federal constitution and the state constitution
even though the community owners argued against it. She stated that the zoning also has
an exemption clause whereby if the community owner at any time can show that their
business is no longer economically viable, they have a right to come before the city to
request a rezone. This is a protection for both the community owner and the homeowner to
have longer term security of tenure. She spoke in support of preserving MHPs as they meet
a lot of the state's Growth Management Goals. They preserve existing neighborhoods,
provide for a density of housing, provide affordable housing, and provide a housing option
for seniors or low income families. She believes protecting and preserving MHPs is a
worthwhile goal for the City.
Commissioner Hoen asked if there is a restriction on how much landlords can increase the
rent for MHP residents. Ms. Dickens stated that Washington does not have a rent fairness
statute. Landlords in Washington State are entitled to raise the rents as much as they want
once a year on the anniversary date of someone's tenancy provided they give them three
months' notice in writing prior to the rent being raised. Commissioner Hoen noted that this
appears to be a backdoor way to force residents out. Ms. Dickens concurred and noted that
on some occasions, owners have been economically evicted. She reiterated that the MHP
owners are very VUlnerable. The zoning ordinance is not an ideal solution. but it is better
than what currently exists.
Margaret Hopkins. 5900 -64th Street NE #90. Marysville, WA. a resident of Glenwood
Estates Mobile Home Park, noted that there was already a pre-scheduled outing with the
Fire Department and Red Cross which is why many of the residents were not able to come.
She thanked the City for creating the zone, but asked them to apply the zone to all parks so
that all MHP residents have some security.
3/26/13 Planning Commission Meeting Minutes
Page 40f9
Rita Anderson. Cedar Lane Park owner, stated she has mixed feelings about this. She and
her husband bought the park as a retirement investment with the option of doing what they
felt was necessary when the time came. She stated that now her husband has dementia,
and the cost of maintaining the park has increased dramatically. She doesn't think
restricting the commercial parks is right since the owners have invested their hard-earned
money and approached this as an investment.
Ms. Dungan pointed out that Planning Commission action was restricted on this item to
considering the MHPs that are not in commercial zones. The way the zone was written and
adopted it does not expand to commercial zones. Commissioner Richards asked if the
Planning Commission could revisit the MHPs in commercial zones later if they wanted. Ms.
Dungan responded that they could consider it, but those MHPs are in commercial zones
and the intended use is to eventually convert to commercial uses. She pointed out that the
City has been through much discussion of this topic, and she doesn't know if they would be
up for bringing this back since it is against the City's Comprehensive Plan policies. She
emphasized that the rezone doesn't offer full protection to parks; it just gives another layer
of public review and an opportunity for the park residents to speak in a public format
regarding the potential rezone of MHPs. The best way to protect a park is for someone to
own it that wants to keep it a park forever, but this is not something that can be required
under code. She noted that one solution would be for the residents or some another entity,
such as Snohomish County Housing Authority, to purchase the park for long-term
preservation.
Chair Leifer stated that the Commission has spent a lot of time and energy in the past
reviewing this issue. He shed some light on the history of past Planning Commission
discussions. He stated that, unfortunately, if people had realized where this was leading
when they moved into an MHP they could have bargained for long-term lease agreements
with the owner if possible. Had those long-term lease agreements been available, it would
have resolved the issue. In the future, new parks could be required to be a park forever and
they wouldn't have to be a MHP if they didn't want to. He doesn't have an issue doing
something like that going forward even though he is a very strong property rights advocate.
However, looking back to park owners that have had the expectation that they might
someday change the use, it is difficult to impose a standard after the fact that disallows that.
The Planning Commission and staff tried to come up with a solution that would protect both
the park owners and the homeowners, and this is the best they could come up with at the
time. He thinks staff has tried to diligently comply with the principles of zoning as well as the
requirements of the Comprehensive Plan.
Commissioner Andes agreed that staff has done a good job of trying to resolve this issue to
the best of their ability.
Motion made by Commissioner Andes, seconded by Commissioner Richards, to approve
the recommendation as presented. Motion passed unanimously (6-0).
The public hearing was closed at 8:00 p.m.
3/26/13 Planning Commission Meeting Minutes
Page 50(9
NEXT MEETING:
April 9, 2013 -Joint meeting with Lake Stevens Planning Commission at Marysville City
Hall
3/26/13 Planning Commission Meeting Minutes
Page 90(9
Chair Leifer questioned whether the ability for a religious organization to conduct one of
these events has fewer requirements than a private individual. He thought that there were
more restrictions being put on an individual than a church. Mr. Holland responded that he
would check on this,
Commissioner Hoen was concerned about the appeals process. He thought it started out
too high. Mr. Holland replied that all administrative decisions are made by the Director of
the Department, and the next step would be the Hearing Examiner. Mr. Holland described
the appeal process through the Hearing Examiner. Mr. Holland added that he would like to
hold a Public Hearing in March if clarification and changes could be addressed by then.
Commissioner Andes questioned how a natural disaster would apply to these requirements.
Mr. Holland replied that there was an emergency/disaster exemption.
Chair Leifer questioned whether there was the ability for temporary sales offices for home
sales to be extended. Commissioner Toler thought that this was an extension that should
be looked into as it was very common for developers to use temporary structures for sales
rather than model houses. There was general consensus that an extension would be
beneficial given the current market. Mr. Holland stated that he would bring a proposed
extension with a new sunset clause back to the commission.
Manufactured Home Overlay Rezone Workshop:
Ms. Dungan began her presentation of the Mobile/Manufacture Home ParI<. Rezone, which
she noted was a repeat and meant to be a refresher. Ms. Dungan described what the
rezone would actually do and what would and wouldn't be allowed. It basically put a
process in place for rezoning to occur. There was discussion about building code
requirements for new parks as well as existing parks and units. A standard rezone process
takes approximately 4-6 months, stated Ms. Dungan. There was, however, the state
requirement that tenants be given 12 months notice to vacate. There was general
conversation about mobile home parks, park owner rights, homeowner rights, and what the
rezone actually allowed and how it would affect different parties.
ADJOURNMENT:
Motion made by Commissioner Lebo, seconded by Commissioner Toler to adjourn the
meeting at 8:22 p.m. Motion carries, (6-0).
NEXT MEETING:
February 26, 2013
Marysville Planning Commission
February 12,2013 Meeting Minutes
Page 2 of2