Manufactured Housing Communities Ordinance Appeals are Dismissed
November 6, 2024

Manufactured Housing Communities (MHC) Ordinance 19-0481, adopted by the City Council in 2019, remains in effect and will continue to apply to all six of the mobile home parks in the city.  The MHC Ordinance helps to preserve the existing mobile home parks and furthers comprehensive plan objectives and policies to “encourage retention of existing housing stock in Kenmore as a source of affordable housing” (Objective H-3.1), and “support housing options and services that enable seniors to stay in their homes or neighborhoods” (Policy H-2.1.3). The MCH Ordinance also addresses the impacts of closure of the mobile home parks, and offers landowners the ability to transfer their development rights.

After adoption, several owners of mobile home parks appealed the MHC Ordinance and also claimed that the MHC Ordinance damaged their property rights. On October 4, 2024, the Superior Court of Thurston County issued an order  dismissing the appeal filed in May 2024 of the Growth Management Heard Board’s (GMHB) decision that upheld the MHC Ordinance. In addition, on October 30, 2024, the United States District Court Western District dismissed the federal case alleging damages.

In 2019, the City Council also passed Resolution 19-319 desiring the Planning Commission consider and make recommendations on comprehensive plan and municipal code amendments related to future rezones with increased density and affordability requirements for the four manufactured housing communities north of SR-522 with affordability levels down to 35% Area Median Income (AMI) being considered. The timing for consideration of future rezoning for the four parks has not been determined.

Kenmore is one of the few communities in east King County with a significant number of mobile and manufactured homes (approximately 250 in six parks). Mobile and manufactured housing offers a relatively affordable form of unsubsidized single-family housing but the overall availability of mobile and manufactured housing has been decreasing in King County as parks are redeveloped and replaced with more expensive housing and other uses. The City does not want to be in the position of some surrounding communities that have had to face the issues of a mobile home park closure in a time of crisis.

The City Council has taken action through Ordinance 19-0481, the Manufactured Housing Communities ordinance, to make closure less likely, and/or address the impacts of closure of the mobile home parks, while at the same time offering landowners the ability to transfer their development rights.

In June 2019, the City received an appeal to the Growth Management Hearings Board (GMHB) of Ordinance 19-0481 from owners of three of the six manufactured home properties. Procedural issues with that appeal resulted in court consideration. The court remanded the appeal back to the GMHB for consideration.  On April 2, 2024 the GMHB issued a final decision denying the appeal and upholding the ordinance.    On May 1, 2024 the GMHB decision was appealed to the Washington Superior Court of Thurston County. Ordinance 19-0481 remains in effect and will continue to apply to all six of the mobile home parks in the city. The City Manager has recommended to the City Council that they strongly defend the ordinance.

In the meantime, the City will be delaying work on the future up-zoning outlined in Resolution 19-319 for the four parks north of SR-522.