HomeMy WebLinkAboutPCD 2022-10-03 Item 1D - Grant Acceptance - WA State Department of Commerce Grant for Middle HousingCity of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Nora Gierloff, AICP, Director
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Nancy Eklund, AICP, Long Range Planning Manager
CC: Mayor Ekberg
DATE: September 15, 2022
SUBJECT: Middle Housing Grant Acceptance (Washington Department of Commerce)
ISSUE
Should the City accept a grant of $130,000 from the Washington Department of Commerce to support
analysis for and development of the City's Comprehensive Plan along with an exploration of allowing
additional housing types within single family zones?
BACKGROUND
The Washington Department of Commerce typically provides grant funding to jurisdictions to assist in
the development of their periodic Comprehensive Plan Updates. The City has received a grant of
$130,000 from Commerce to cover the following three items:
1. A required analysis of historic and existing racial equity in the City's housing and regulatory
framework, and development of associated anti -displacement policies',
2. An analysis and consideration of whether the City might want to adopt policies and code
language to allow "Middle Housing" on at least 30 percent of the lots (or the area) currently
zoned as single family residential; and
3. Support for local community-based organizations to bring historically underrepresented voices
into discussions about housing needs and supply.
The grant will pay $100,000 for the first two items and $30,000 to facilitate the participation of
community-based organizations. The City would secure consultant assistance to develop the Plan and
associated zoning ordinances with these grant funds, as well as develop agreements with community-
based organizations to encourage participation. The $130,000 grant is estimated to pay for about half
of the Housing element updates required in this Plan update cycle.
RCW 36.70A.070(2)(e) through (h)
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
39
Planning and Community Development Committee
2022-2023 Washington Dept of Commerce —
Middle Housing Grant Acceptance
9/15/22
Page 2 of 4
In addition to the grant described above a second non-competitive grant for $125,000 will be available
to Tukwila for other aspects of the Comprehensive Plan update (the application is due 9/30/2022).
This funding would allow for consultant assistance in completing other required updates to the Plan, as
well as support development of associated zoning ordinances.
The City was awarded the Middle Housing grant on July 18th and, due to delays in Commerce, received
the agreement for signature in mid-September. This delay will push out the dates that grant
deliverables are due, however all work to be paid under this agreement must be completed by June 30,
2023. For the Middle Housing portion of the grant, the minimum deliverables to be included are
• the public engagement plan and results;
• the racial equity analysis report and proposed Housing element policy amendments to address
anti -displacement and other issues identified in the Racial Equity analysis; and
• a staff report identifying possible amendments needed to support Middle Housing in Tukwila,
including possible changes to policies, regulations, fee structures, incentives,
permitting procedures to be considered in the Plan update; and
• draft code language to:
o increase density in proximity to transit nodes; and
o authorize Middle Housing types and ADUs on lots currently zoned as single family.
Commerce recognizes that elected officials will determine whether the proposed amendments
regarding Middle Housing are implemented. The City's grant application and Commerce's Q & A
regarding the grant are attached.
DISCUSSION
The Washington Department of Commerce Middle Housing grant was facilitated by the legislature's
desire to expand housing supply and options in Washington. Last year the legislature considered, but
did not pass, a mandatory requirement that all cities allow Middle Housing types in current single family
zones. Middle Housing, also known as "infill housing," includes a range of modestly -sized buildings
with multiple units — duplexes through six-plexes, townhouses, courtyard apartments, cottage housing,
and stacked flats. These units are designed to be compatible in scale and form with detached single-
family homes — typically two to three stories in height and located within walkable neighborhoods.
Middle Housing units would provide greater diversity of options in terms of housing form and
affordability, as well as provide new opportunities for home ownership. In addition to providing funds to
complete some of the required portions of the Comprehensive Plan Housing elements, the grant is
intended to provide communities with funds to study and evaluate if Middle Housing policies could be
adopted locally.
Several Washington cities have already adopted such programs, or are currently considering,
modifications to Comprehensive Plan and code language to provide these infill housing development
types, along with the design standards to ensure compatibility with existing single family zones (see this
link for more information on the range of housing types being considered). Several out of state
communities have also adopted such changes, including Minneapolis, Portland, and in California.
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Planning and Community Development Committee
2022-2023 Washington Dept of Commerce —
Middle Housing Grant Acceptance
9/15/22
Page 3 of 4
In Tukwila, the Low Density Residential zone (LDR) allows single family development only, except for
lots that can add accessory dwelling units if they meet the site development requirements. The LDR
zone (shown in light yellow on the adjacent map) represents 36% of the City's land and 90% of the
exclusively residentially zoned land; the grant would require that at least a third of that area be
considered for middle housing.
In the past, Tukwila has experimented with a cottage
housing ordinance to allow more density in single family
zones, though unfortunately no projects were built while it
was in effect. Another example would be the Southard
development by the Homestead Community Land Trust at
the Riverton Park United Methodist Church property which
was approved through a development agreement.2
The grant does not require that the City adopt zoning to
allow new housing types in single family zones, however,
the Council should determine if that potential outcome is
something that should be evaluated at this point. The
advantage of exploring development of these regulations
now is that Tukwila could get ahead of possible future
mandates and craft them in a way that best meets local
needs and character. If reacting to a state mandate down
the road, the City may not have the time, funding, or
flexibility to exercise the desired local control. There may
also be benefits to engaging early with community-based
organizations so that their input into the Plan is mobilized
for input on other elements. Downsides to accepting the
grant and taking on this work are the tight timeline for
deliverables, the difficult consulting climate, and the
already full DCD workplan. If we did not accept the grant
the City would need to identify other funding and absorb
the work required to perform the racial equity analysis and
development of anti -displacement policies.
FINANCIAL IMPACT
This grant would have no impact on city funding and would
support work that the City is required to complete as a part of its Comprehensive Plan 2024 Update
(the racial equity analysis and development of anti -displacement policies, and the supportive outreach
to community-based organizations who have been historically not encouraged or included in
discussions about Tukwila's future and its housing needs).
2This development provided duplexes, arranged in a cottage style around a central open space.
41
Planning and Community Development Committee
2022-2023 Washington Dept of Commerce —
Middle Housing Grant Acceptance
9/15/22
Page 4 of 4
RECOMMENDATION
Forward this item to the Committee of the Whole on October 10, 2022, and the Regular Meeting on
October 17, 2022. This action will authorize the Mayor to sign the grant agreement with the
Washington Department of Commerce to accept grant funding in support of the City's Comprehensive
Plan and to analyze housing and land use options the City could consider in addressing local housing
issues.
Attachments:
• Grant Agreement between Washington Department of Commerce and the City of Tukwila for the
Middle Housing Grant for a 7/1/22 to 6/30/23 grant cycle.
• City of Tukwila grant application & Mayor's Letter
• Washington Department of Commerce, Middle Housing Grant Q&A, May 26, 2022.
• 2024-2044 Comprehensive Plan Update, Middle Housing Grant Acceptance - presentation
42
®M. Washington State
!ij Commerce
Interagency Agreement with
City of Tukwila
through
Growth Management Services
For
Start date:
Middle Housing Grant
Date of Execution
43
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority 1
2. Contract Management 1
3. Compensation 1
4. Billing Procedures and Payment 1
5. Insurance 2
6. Subcontractor Data Collection 2
7. Order of Precedence 2
General Terms and Conditions
1. Definitions 3
2. All Writings Contained Herein 3
3. Amendments 3
4. Assignment 3
5. Confidentiality and Safeguarding of Information 3
6. Copyright 4
7. Disputes 4
8. Governing Law and Venue 4
9. Indemnification 4
10. Licensing, Accreditation and Registration 5
11. Recapture 5
12. Records Maintenance 5
13. Savings 5
14. Severability 5
15. Subcontracting 5
16. Survival 6
17. Termination for Cause 6
18. Termination for Convenience 6
19. Termination Procedures 6
20. Treatment of Assets 7
21. Waiver 7
Attachment A, Scope of Work
Attachment B, Budget
44
FACE SHEET
Contract Number: 23-63326-027
Washington State Department of Commerce
Local Government Division
Growth Management Services
Transit -Oriented Development Implementation (TODI) Grant
1. Contractor
City of Tukwila
6300 Southcenter Blvd, Suite #100
Tukwila, WA 98188
2. Regional planner
Catherine McCoy
Senior Planner
360-280-3147
catherine.mccoy@commerce.wa.gov
N/A
3. Contractor Representative
Nancy Eklund, AICP
Long Range Planning Manager
206-433-7141
Nancy.Eklund@TukwilaWA.gov
4. COMMERCE Representative
Shane Hope PO Box 42525
Senior Planner 1011 Plum Street SE
(360) 725-3127 Olympia Washington
shane.hope@commerce.wa.gov 98504-2525
5. Contract Amount
$130,000
6. Funding Source
Federal: ❑ State:
/1
Other: ❑ N/A: ❑
7. Start Date
Date of Execution
8. End Date
June 30, 2023
9. Federal Funds (as applicable) Federal Agency: CFDA Number
NA NA NA
10. Tax ID #
NA
11. SWV #
SWV0018023
12. UBI #
179-000-208
13. DUNS #
NA
14. Contract Purpose
Implementation of Middle Housing grant for the purpose of funding actions needed to evaluate the adoption of middle housing types
on thirty percent (30%) or more of lots that, before this work, only allowed single family development.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of
this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their
respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following
documents hereby incorporated by reference: Attachment "A" — Scope of Work and Attachment "B" — Budget.
FOR CONTRACTOR
FOR COMMERCE
Allen Ekberg, Mayor
City of Tukwila
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 08/22/2019.
APPROVAL ON FILE.
Date
"' 45
46
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34
RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet of
this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet of
this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed one -hundred and thirty thousand dollars ($130,000) for
the performance of all things necessary for or incidental to the performance of work under this Contract as
set forth in the performance-based Scope of Work (Attachment A) and Budget (Attachment B).
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly.
The parties agree this is a performance-based contract intended to produce the deliverables identified in
Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S
acceptance of Contractor's performance and/or deliverable. The invoices shall describe and document, to
COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The
invoice shall include the Contract Number 23-63326-027.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by the Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall
be made by COMMERCE.
The grantees must invoice for all expenses by June 17, 2023. All contracts with community based
organizations must be submitted by June 17, 2023.
COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs
would have been allowable on or after July 1, 2022. To be allowable, such costs must be limited to the
completion of tasks and deliverables outlined in the Scope of Work (Attachment A).
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors.
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 1 47
48
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
5. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
6. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed
by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds
expended for work performed by subcontractors, including but not necessarily limited to minority-owned,
woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors
of any tier.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 2
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 3
49
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 4
50
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE. Subcontracting with multiple community based organizations is encouraged
for this granting program. COMMERCE shall approve each community based organization, such
approval to be provided in writing.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 5
51
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition
to any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 6
52
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor's employees, agents
or Subcontractors.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 7
53
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
SOURCE: Section 189 of Engrossed Substitute Senate Bill 5693, of the supplemental operating budget for fiscal
year 2023 is provided solely for Commerce to administer grants to eligible cities for actions relating to adopting
ordinances that would authorize middle housing types on at least 30 percent of lots currently zoned as single family
residential. For the purposes of this grant program, "middle housing types" include duplexes, triplexes, fourplexes,
fiveplexes, sixplexes, townhouses, courtyard apartments, cottage housing, and stacked flats.
(a) A city is eligible to receive a grant if:
i. The city is required to plan under RCW 36.70A.040; and
ii. The city is required to take action on or before June 30, 2024, to review and, if needed,
revise its comprehensive plan and development regulations pursuant to RCW
36.70A.130(5)(a).
(b) Grant recipients must use grant funding for costs to conduct at least three of the following
activities:
i. Analyzing comprehensive plan policies and municipal code to determine the extent of
amendments required to meet the goal of authorizing middle housing types on at least 30
percent of lots currently zoned as single family residential;
ii. Preparing informational material for the public;
iii. Conducting outreach, including with the assistance of community-based organizations, to
inform and solicit feedback from a representative group of renters and owner -occupied
households in residential neighborhoods, and from for-profit and nonprofit residential
developers;
iv. Drafting proposed amendments to zoning ordinances for consideration by the city
planning commission and city council;
v. Holding city planning commission public hearings;
vi. Publicizing and presenting the city planning commission's recommendations to the city
council; and
vii. Holding city council public hearings on the planning commission's recommendations.
(c) Before updating their zoning ordinances, a city must use a racial equity analysis and establish
antidisplacement policies as required under RCW 36.70A.070(2)(e) through (h) to ensure there will
be no net displacement of very low, low, or moderate -income households, as defined in RCW
43.63A.510, or individuals from racial, ethnic, and religious communities which have been subject
to discriminatory housing policies in the past.
(d) Commerce will prioritize applicants who:
i. Aim to authorize middle housing types in the greatest proportion of zones; and
ii. Subcontract with multiple community-based organizations that represent different
vulnerable populations in overburdened communities, as defined in RCW 70A.02.010,
that have traditionally been disparately impacted by planning and zoning policies and
practices, to engage in eligible activities as described in (b) of this subsection.
Commerce will be monitoring the contracts biannually to review progress in meeting milestones,
deliverables and invoicing.
State of Washington
Interagency Agreement Updated August 2019
Department of Commerce Page 8
54
Attachment A
Scope of Work
Steps/
Deliverables
Description
Start Date
End Date
ACTION 1
PUBLIC ENGAGEMENT ACTIVITIES
July 2022
June 2023
Step 1.1
Develop community engagement plan
July 2022
November
2022
Step 1.2
Subcontract with community-based organizations
July 2022
November
2022
Step 1.3
Develop outreach communications, surveys, mapping, and public
presentations
July 2022
February 2023
Step 1.4
Conduct public engagement activities
January 2023
April 2023
Deliverable
la
Public Engagement Plan
July 2022
Nov. 30,
2022
Deliverable
lb
Public Engagement Results
July 2022
May 31,
2023
ACTION 2
RACIAL EQUITY REPORT & HOUSING POLICY REVIEW
July 2022
June 2023
Step 2.1
Access supports from Commerce technical assistance staff.
Sept 2022
May 2023
Step 2.2
Identify local policies and regulations that result in racially
disparate impacts, displacement, and exclusion in housing,
including: zoning that may have a discriminatory effect;
disinvestment; and infrastructure availability.
July 2022
Sept 2022
Step 2.3
Identify areas that may be at higher risk of displacement from
market forces that occur with changes to zoning development
regulations.
July 2022
Sept 2022
Step 2.4
Evaluate displacement risk of very low, low, and moderate income
households.
Sept 2022
January 2023
Step 2.5
Evaluate displacement risk of individuals from racial, ethnic, and
religious communities which have been subject to discriminatory
housing policies in the past.
Sept 2022
January 2023
Step 2.6
Develop policies and regulations to address and begin to undo the
impacts of local policies and regulations that result in racially
disparate impacts, displacement, and exclusion in housing.
July 2022
March 2023
55
Attachment A
Steps/
Deliverables
Description
Start Date
End Date
Step 2.7minimize
Develop anti -displacement strategies, including strategies to
displacement of low-income residents resulting from
redevelopment.
July 2022
March 2023
Step 2.8
Develop anti -displacement policy documents that include a
schedule of programs and actions to implement the anti-
displacement strategies including a timeline.
Nov 2022
March 2023
Deliverable 2a
Racial equity analysis report
April 15, 2023
Deliverable 2b
Proposed Housing Element policy updates, including
May 31, 2023
ACTION 3
ZONING AMENDMENTS
Nov 2022
June 2023
Step 3.1
Review and evaluate the current housing element and other
policies to support middle housing.
September
2022
January 2023
Step 3.2
Review buildable lands report and current residential land uses
for potential to allow middle housing, or where station areas or
higher intensity uses might be defined, or where commercial
areas might be converted for residential or mixed use
development.
October 2022
February 2023
Step 3.3
Review current programs, development regulations, impact fees,
system development charges, and permitting processes as to how
they might encourage or discourage the development of
multiunit housing. Consider also how building code requirements
impact development of multi -unit housing structures.
October 2022
Jan 2023
Step 3.4
Identify conditions and incentives that encourage or deter
development community from building missing middle housing in
Tukwila.
October 2022
January 2023
Step 3.5
Identify bonus densities and incentives for affordable housing to
accompany changes in zoning that can increase density.
Jan 2023
Feb 2023
Step 3.6
Identify various homeownership options that can be readily
utilized and promoted to incorporate into the development of
missing middle housing types.
October 2022
January 2023
Step 3.7
Gather data, analyze and review to understand the realistic
potential of the various changes. Examine existing financial
feasibility analysis addressing development of various housing
typologies in various zones to identify opportunities and potential
gaps of understanding.
Jan 2023
Feb 2023
56
Attachment A
Steps/
Deliverables
Description
Start Date
End Date
Deliverable
3a
Middle housing staff report identifying changes
needed to support middle housing in Tukwila,
including recommended changes to policies,
regulations, fee structures, incentives, and permitting
procedures to be considered with periodic update.
December
2022
June 15,
2023
Deliverable
3b
Draft ordinance to increase density in proximity to
transit nodes and authorizes middle housing types
and ADUs on lots currently zoned as single family.
June 15,
2023
57
58
Budget
Budget
Grant Objective:
Attachment B
Commerce Funds
Deliverable la. Public Engagement Plan
Deliverable lb. Public Engagement Results
$ 7,000
$ 25,000
Deliverable 2a. Racial Equity Analysis
$ 21,000
Deliverable 2b. Housing Element policy updates
$ 20,000
Deliverable 3a. Middle housing staff report
$ 20,000
Deliverable 3b. Draft ordinance
$ 7,000
Total:
$100,000
Contracting with Community Based Organizations
$30,000
59
60
.4►' Washington State
'40 Com rmerce
GROWTH MANAGEMENT SERVICES
Middle Housing
Grant Application Form
Summary Page
Jurisdiction
City of Tukwila
Total funding request
$100,000 + funding ($30,000) for outreach to
Community Based Organizations responsive to the
City's large diverse population
Population of jurisdiction as of 2022
22,000 (OFM 2021 estimates)
Are you also requesting tech team
assistance?
Yes
Approximate time frame for assistance
Fall 2022 — early summer 2023
Provide the proposed change in lots that only allow single family residential development and the change of lots zoned for middle
housing. Please note, this question requires the submittal of a current zoning map with additional details, see grant guidelines for
more information:
Current percentage of lots that only
allow single family development:
74% of
lots
(lot sizes
range from
3,000 SF to
over 35,000
S.F.)
Current percentage of lots that allow
middle housing development:
X1
Proposed percentage of lots that will
only allow single family development
52%
Proposed percentage of lots that will
allow middle housing development at
52% plus
the above
at the conclusion of this grant2:
the conclusion of this grant:
number
The Planning Division does not currently have GIS expertise and has not prepared a traditional land use element in the past, so it is
difficult to address this question without guessing. Currently, the area that is the Medium Density Residential and High Density
Residential zones allow middle housing development, as do Low Density Residential zoned properties located in the Tukwila South area
(and subject to the Tukwila South Overlay).
2 A draft will be proposed to the City Council as a part of this grant and during the Comprehensive Plan Update process, however the
Council will likely not complete its deliberations until late 2024.
MISSING MIDDLE GRANT APPLICATION
1
61
Current percentage of lots that only
allow single family development:
74% of
lots
(lot sizes
range from
3,000 SF to
over 35,000
S.F.)
Current percentage of lots that allow
middle housing development:
Percent change:
22%
Percent change:
Global to local
Community-based organizations you will subcontract with:
Vulnerable population served:
1.
2.
3.
4.
Global to local
Underserved communities, such as
women, people of color, people
experiencing poverty, immigrants
and refugees
African Community Housing & Development
African diaspora in South King
County
Somali Health Board
Somali immigrants and refugees
Possible other groups:
• Partners in Employment
• E. Africa refugees/immigrants
• East African Community Services
• E. African immigrant community
• Tukwila Children's Foundation
• Tukwila refugees & immigrants
WA
Zip Code
Note: We plan to publish a competitive RFP for this work to attract additional CBOs that
reflect the diversity of Tukwila.
1. Jurisdiction Information
Applying Jurisdiction
City of Tukwila
Project Manager
This is the designated lead person who is responsible for grant communications between
Commerce and the city. For joint applicants this is project manager from the designated lead
city.
Name (Lead Contact)
Nancy Eklund, AICP
Title
Long Range Planning Manager
Department
Dept. of Community Development
Mailing Address
6300 Southcenter Blvd, Suite #100
City
Tukwila
State
WA
Zip Code
98188
Telephone Number
206/433-7141
MISSING MIDDLE GRANT APPLICATION
62
2
Email
Nancy.Eklund@TukwilaWA.gov
Description
Financial Contact
Please provide name and contact information for the person who will be responsible
for receiving and accounting for the grant funds.
Name
Tony Cullerton
Title
Deputy Finance Director
Department
Finance Department
Telephone Number
206/433-1838
E-mail
Tony.Cullerton@TuwkilaWA.gov
Unified Business Identifier (UBI)
Number
179-000-208
Statewide Vendor (SWV) Number
SWV0018023
Authorized Official
The name and title of the office authorized to sign the grant agreement on behalf of the
city.
Name
Allen Ekberg
Title
Mayor
Email
Mayor@tukwilawa.gov / 206-433-1850
2. Scope of Work and Project Schedule
Provide a proposed scope of work, detailing the grant objective (project), actions, steps and deliverables. Instructions are in the
Grant Application Instructions.
All grant deliverables must be submitted by June 15, 2023.
If you propose multiple grant objectives, actions, steps or deliverables, please copy and paste the appropriate rows below. The
example scopes of work from the grant instructions are included at the end of this document if a community wishes to copy portions
or all of that material into this table.
Grant Objective:
With the goal of providing background information and analysis necessary for City leadership to consider
amendments to Tukwila's Comprehensive Plan and associated regulatory documents to expand housing
options that include authorizing middle housing types on 30% of the area or lots currently zoned as Low
Density Residential.
Steps/
Deliverables
Description
Start Date
End Date
ACTION 1
PUBLIC ENGAGEMENT ACTIVITIES
July 2022
June 2023
Step 1.1
Develop community engagement plan
July 2022
November 2022
MISSING MIDDLE GRANT APPLICATION
3
63
Steps/
Deliverables
Description
Start Date
End Date
Step 1.2
Subcontract with community-based organizations
Community Based Organizations
July 2022
November 2022
Step 1.3
Develop outreach communications, surveys, mapping, and
public presentations
July 2022
February 2023
Step 1.4
Conduct public engagement activities
January 2023
April 2023
Deliverable la
Public Engagement Plan
July 2022
Nov. 30, 2022
Deliverable lb
Public Engagement Results
July 2022
May 31, 2023
ACTION 2
RACIAL EQUITY REPORT & HOUSING POLICY
July 2022
June 2023
Step 2.1
Access supports from Commerce technical assistance staff.
Sept 2022
May 2023
Step 2.2
Identify local policies and regulations that result in racially
disparate impacts, displacement, and exclusion in housing,
including: zoning that may have a discriminatory effect;
disinvestment; and infrastructure availability.
July 2022
Sept 2022
Step 2.3
Identify areas that may be at higher risk of displacement from
market forces that occur with changes to zoning development
regulations.
July 2022
Sept 2022
Step 2.4
Evaluate displacement risk of very low, low, and moderate
income households.
Sept 2022
January 2023
Step 2.5
Evaluate displacement risk of individuals from racial, ethnic,
and religious communities which have been subject to
discriminatory housing policies in the past.
Sept 2022
January 2023
Step 2.6
Develop policies and regulations to address and begin to undo
the impacts of local policies and regulations that result in
racially disparate impacts, displacement, and exclusion in
housing.
July 2022
March 2023
Step 2.7
Develop anti -displacement strategies, including strategies to
minimize displacement of low-income residents resulting from
redevelopment.
July 2022
March 2023
Step 2.8
Develop anti -displacement policy documents that include a
schedule of programs and actions to implement the anti-
displacement strategies including a timeline.
Nov 2022
March 2023
Deliverable 2a
Racial equity analysis report
April 15, 2023
Deliverable 2b
Proposed Housing Element policy updates,
May 31, 2023
ACTION 3
ZONING AMENDMENTS
Nov 2022
June 2023
Step 3.1
Review and evaluate the current housing element and other
policies to support middle housing.
September 2022
January 2023
MISSING MIDDLE GRANT APPLICATION
64
4
Steps/
Deliverables
Description
Start Date
End Date
Step 3.2
Review buildable lands report and current residential land
uses for potential to allow middle housing, or where station
areas or higher intensity uses might be defined, or where
commercial areas might be converted for residential or
mixed use development.
October 2022
February 2023
Step 3.3
Review current programs, development regulations, impact
fees, system development charges, and permitting
processes as to how they might encourage or discourage the
development of multiunit housing. Consider also how
building code requirements impact development of multi-
unit housing structures.
October 2022
Jan 2023
Step 3.4
Identify conditions and incentives that encourage or deter
development community from building missing middle
housing in Tukwila.
October 2022
January 2023
Step 3.5
Identify bonus densities and incentives for affordable
housing to accompany changes in zoning that can increase
density.
Jan 2023
Feb 2023
Step 3.6
Identify various homeownership options that can be readily
utilized and promoted to incorporate into the development
of missing middle housing types.
October 2022
January 2023
Step 3.7
Gather data, analyze and review to understand the realistic
potential of the various changes. Examine existing financial
feasibility analysis addressing development of various
housing typologies in various zones to identify opportunities
and potential gaps of understanding.
Jan 2023
Feb 2023
Deliverable 3a
Middle housing staff report identifying changes
needed to support middle housing in Tukwila,
including recommended changes to policies,
regulations, fee structures, incentives, and
permitting procedures to be considered with
periodic update.
December
2022
June 15, 2023
Deliverable 3b
Draft ordinance to increase density in proximity
to transit nodes and authorizes middle housing
types and ADUs on lots currently zoned as single
family.
June 15, 2023
MISSING MIDDLE GRANT APPLICATION
5
65
3. Proposed Budget / Financial Information
Propose a project budget to reflect your expected level of effort for each of the deliverables provided above. This is a performance-
based contract, therefore cities will be paid upon satisfactory completion of deliverables rather than hours spent working on the
project. The final deliverable of each grant objective must be at least 20% of the total grant amount for that grant objective.
Grant Objective:
Commerce Funds
Deliverable la. Public Engagement Plan
Deliverable lb. Public Engagement Results
$ 7,000
$ 25,000 (+30,000 CBO)
Deliverable 2a. Racial Equity Analysis
$ 21,000
Deliverable 2b. Housing Element policy updates
$ 18,000
Deliverable 3a. Middle housing staff report
$ 20,000
Deliverable 3b. Draft ordinance
$ 7,000
Expenses
$2,000
Total:
$100,000 (+30,000 CBO)
Budget Narrative: For each grant objective, please support the funding request with estimates of staff hours
(may be per action, step, or deliverable), staff hourly rates, and other expenses.
la)
Public engagement plan — estimated approximately 40 hours, including a project kickoff. Average hourly
staff rate of $175/hr
1b) Public engagement results — includes all materials development, coordinating with CBOs, hosting
engagement activities, and summarizing findings. Estimated at 150 hours with average hourly staff rate
of $167/hr
2a) Racial equity analysis — includes an existing conditions report, establishing a framework for analysis,
displacement risk assessment, and racial equity analysis report. Estimated at 120 hours with average
hourly staff rate of $175/hr
2b) Housing Element policy updates — includes an existing conditions report, audit of existing policies, and a
summary of housing element policy updates. Estimated at 110 hours with average hourly staff rate of
$164/hr
3a) Middle housing staff report — includes community profile, zoning review, and concepts for
consideration. Estimated at 125 hours with average hourly staff rate of $160/hr
3b) Draft ordinance — preliminary draft and final draft proposal as an ordinance estimated at 40 hours at an
average hourly staff rate of $175/hr.
Estimated $2,000 in project expenses (2% of budget)
4. Grant Application Questions and Scoring Method
Please answer each of the below questions. Final grant funds will be proportionate to the level of effort
proposed by a city, the percent change of lots authorized for middle housing through zoning changes, and
factor in the number of community-based organizations the city plans to subcontract with. Please refer to the
Grant Application Instructions for more detail regarding scoring and ranking.
MISSING MIDDLE GRANT APPLICATION 6
66
4a. Readiness to Proceed: (0-20 points) Please describe your plan to initiate and complete this project by
June 15, 2023. See grant instructions for additional detail on what to include in this section.
The City of Tukwila planning staff require state support to meet this grant deadline. We are currently seeking
two senior planner staff to hire to augment the long range planning effort and will need to hire a consultant to
assist City staff in meeting the work and the timeline. We are currently seeking to identify best options for
using our limited staff and resources for plan development and community outreach. Because we have, so
far, had difficulty hiring new City staff, and much of the consultant community is already booked, we are
projecting that we begin with community outreach and be more available to begin analysis and deliverable
drafting in later 2022.
As the City is needing to plan for a $5.6 million dollar deficit, we most definitely could use the Department of
Commerce's technical support, as well as the funding available to support community based organizations
that can help with outreach to the large immigrant community within Tukwila. As of 2019, more than 40% of
Tukwila residents were born outside of the U.S., and the City is approximately 34% white. The City has
identified numerous potential community based organizations reflective of the City's diverse community and
is working on formalizing outreach approaches to those groups.
The City will consult its recently completed Housing Action Plan, as well as several other local plans that have
engaged the Tukwila community. The HAP supported a range of approaches to increase housing density
within a 1/2 mile walkshed to the Link Light rail transit hub.
The Planning Department does not currently have staff who are either knowledgeable in using the City's GIS
system or available to prepare maps or do other analysis. We hope to rectify this with the addition of new
staff, however, at this time, we are unable to use such tools to provide data on the amount of area zoned for
single family, or that would currently accept the housing typologies considered missing middle. These housing
types would be accepted in the City's Medium Density and High Density Residential zones. The City's 2015
Comprehensive Plan and Zoning Map is shown on page 12.
4b. Local Commitment to the project: (0-20 points) See grant instructions for additional detail on what to
include in this section.
The City is committed to adopting a plan and regulations that support providing more affordable housing
options to address the City's and region's housing shortages. The City also supports fostering greater
development in areas adjacent, or in proximity, to transit hubs.
The City's Comprehensive Plan and zoning code provide the same residential use/zone options: Low Density
Residential (SF only + ADUs); Medium Density Residential (up to 14.5 dwelling units per net acre); and High
Density Residential (up to 22.0 dwelling units per net acre, or 60, if seniors and meeting specific criteria or if in
a limited Overlay district, up to 65 feet or possibly 100 feet if consistent with specific criteria). The outcome of
this effort will be to identify how the City can adopt new standards for its Single Family Residential zone, as
well as other zones to enhance density, provide greater diversity of properties, and ideally, enhance
opportunities for home ownership. This increase in density is particularly important to those areas of the City
that are in proximity to transit hubs.
MISSING MIDDLE GRANT APPLICATION 7
67
Figure 2: Comparison of Housing Units by Type, Nearby Cities
70%
60%
50%
40%
30%
20%
King Auburn Burien
County
Des Federal Kent Renton Searac
Moines Way
Tukwila
• 1, detached
❑ 1, attached
A 2
O 9or
▪ 5tn9
® 10 to 19
P,� 20 to 49
M 50ormore
133 Mobile home
■ Boat, RV, van, etc,
Tukwila has two regional centers — the Tukwila Urban Center located in the Tukwila Southcenter Mall area,
and the Manufacturing Industrial Center located in the Duwamish River/East Marginal Way area of north
Tukwila. The City's zoning has prioritized these areas for increase development through the use of higher
density zones and incentives. Tukwila is also home to (or adjacent to) several major light rail, bus rapid transit
stations, and heavy rail transit hubs. Employment areas projected to experience significant growth in the
coming years are located in the Tukwila South Area, and the two urban centers, which include or are adjacent
to City's transit hubs.
Tukwila welcomes the opportunity to integrate more affordable, and varied, housing options into the City's
housing stock, including providing missing middle housing in its single family housing areas well as other areas
of the City. It is relevant to point out
that Tukwila's housing profile is
different from other cities in King
County. Based on 2008-2012
American Community Survey 5 -year
estimates data, Tukwila has a lower
percentage of single family housing
units compared to the other cities
and the County. Tukwila also has the
Table 6: Comparison of Home Ownership Rates
Source: US Census, 2010
highest percentage of units in all structures ten units or larger. In Tukwila, approximately 54% of the housing
units are multifamily, 42% are detached single family dwelling units, and approximately 2.8% are
manufactured or mobile homes. Countywide, 40% of households live in multifamily structures, approximately
58 percent live in single-family homes, and just over 2% live in manufactured or mobile homes.
In addition, Tukwila historically has had a larger percentage of renter -occupied households than owner -
occupied households. This continues to be true despite a gradual increase in the percentage of owner -
occupied households in recent years. The home ownership rates in Tukwila are closer to those found in renter -
rich Seattle than the other communities within King County, apart from outside of Seattle. The City's elected
officials have long encouraged greater home ownership in an effort to provide a better foundation for the City
to become less of a transitional
destination for newcomers (especially
the immigrant community) and more
of a stable, permanent "home" for its
residents. It is hoped that the
addition of missing middle housing
typologies into the City's single family
zones will encourage investment in
these areas and support the desired
stability of the community.
The Tukwila Planning staff
experienced a reduction in size during
the pandemic, and with the planned
addition of two new Senior Planners
(whose focus will also include current
planning) we will still have several fewer staff members that when the Comprehensive Plan was updated in
Source- U S. Census Bureau, 2008-PC12 American Community Survey
MISSING MIDDLE GRANT APPLICATION 8
68
Tukwila
Seattle
KC
KC Outside Seattle
Owner
43%
48%
59%
65%
Renter
57%
52%
41%
35%
Source: US Census, 2010
highest percentage of units in all structures ten units or larger. In Tukwila, approximately 54% of the housing
units are multifamily, 42% are detached single family dwelling units, and approximately 2.8% are
manufactured or mobile homes. Countywide, 40% of households live in multifamily structures, approximately
58 percent live in single-family homes, and just over 2% live in manufactured or mobile homes.
In addition, Tukwila historically has had a larger percentage of renter -occupied households than owner -
occupied households. This continues to be true despite a gradual increase in the percentage of owner -
occupied households in recent years. The home ownership rates in Tukwila are closer to those found in renter -
rich Seattle than the other communities within King County, apart from outside of Seattle. The City's elected
officials have long encouraged greater home ownership in an effort to provide a better foundation for the City
to become less of a transitional
destination for newcomers (especially
the immigrant community) and more
of a stable, permanent "home" for its
residents. It is hoped that the
addition of missing middle housing
typologies into the City's single family
zones will encourage investment in
these areas and support the desired
stability of the community.
The Tukwila Planning staff
experienced a reduction in size during
the pandemic, and with the planned
addition of two new Senior Planners
(whose focus will also include current
planning) we will still have several fewer staff members that when the Comprehensive Plan was updated in
Source- U S. Census Bureau, 2008-PC12 American Community Survey
MISSING MIDDLE GRANT APPLICATION 8
68
2015. The two Associate planners who focus on current planning, are eager to provide assistance, however
they will continue to be burdened by current planning project loads that have not diminished any during the
pandemic.
Tukwila Mayor Ekberg has expressed his support for pursuing this grant to provide the analysis that would
potentially enable the City Council to approve transitioning the City's Low Density Residential zone into a zone
that allowed the missing middle housing typologies. We hope to have a letter of support signed by the mayor
sent back to Commerce by the end of the week. In addition, we are working with our community engagement
office which has indicated an interest in being a conduit to CBOs, so we are hope to have formalized outreach
relationships established with them in the near future. We
welcome any support assistance Commerce can provide in '
understanding how to best form these alliances.
4c. Racial Equity Analysis: (0-30 points) See grant instructions
for additional detail on what to include in this section.
The requirement to provide a racial equity analysis and
establish anti -displacement policies associated with
Housing policy is critical to Tukwila, given our very
significant immigrant and lower income population, and
the likelihood that any community development will
negatively impact this population.
The Washington Health Department Environmental
Disparities Map (at right) identifies the entire City as
being at high risk for negative environmental and health
indicators. The City has prioritized ensuring its work
within the Tukwila community is equitable and fair and
projects and plans are evaluated through an equity lens
supported by out Equity and Social Justice committee
and board. Long range staff will be working with the
Community Engagement Office to develop the
Comprehensive Plan, and gaining guidance from the Staff's Transportation Demand Management
who have developed extensive outreach into the City's community groups. This outreach will help identify
potential undesirable outcomes and enable us to strategize on responding to those potential impacts.
Rank
High
8
0
6
4
0
0
Low
personnel
4d. Middle Housing Opportunities: (0-30 points)
See grant instructions for additional detail on what to include in this section.
There are numerous areas where single family zoned properties abut high density residential (in some cases,
where there is no transition zone), and that are located in close proximity to areas of higher density with more
frequent transit service that are excellent candidates for providing greater housing options. As previously
noted, there are many areas zoned for single family or higher residential densities that could be modified to
allow more residential density, and many of these are in areas that offer frequent transit service. One such
area is along Tukwila International Blvd and to the south where the City's Link light rail station is located (as
shown in the following map). The City's adopted Housing Action Plan identified these areas as optimal
candidates for future housing growth.
MISSING MIDDLE GRANT APPLICATION 9
69
With the assistance of the grant, and the addition of
consultant staff, these opportunities will be explored
more fully, with the intent of adopting missing middle
changes that will expand densities and affordable housing
options for the community.
CHECKLIST
Applications and supporting documentation must be
emailed gmsgrants@commerce.wa.gov by 5:00 p.m. on
Thursday, June 9, 2022.
❑ Letter of commitment from the mayor or
authorized official. (coming, by 7/8/22)
❑ Letters of commitment from community-based
organizations. (coming, by 7/15/22)
▪ Zoning, transit and other maps as needed to allow
reviewers to understand the potential to meet the
objectives of the grant program. (see page 11)
❑X Buildable lands report (attached) (beginning after
page 11)
El Submit application (12 pages or less), and zoning,
transit and other maps to
gmsgrants@commerce.wa.gov by Thursday, June 9,
5:00 p.m.
Thank you for completing this application. You may
delete from this paragraph to the end of the document
before submitting.
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MISSING MIDDLE GRANT APPLICATION 10
70
KAM
City of Tukwila
Comprehensive Plan
& Zoning Map
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MISSING MIDDLE GRANT APPLICATION
Shoreline Overlay 'Approximately 20C each side of ISO river)
11
71
72
Remaining 2035 Target
5,496
Profiles of Cities and Unincorporated Areas
Cit of Tukwila
Housing Growth and Residential Development Trends
Housing Units
6,000
5,000
4,000
3,000
2,000
1,000
0Q. •
Actual vs TargetHousing Growth
(From 2006 Baseline)
0
2006 2010 2014 2018 2022 2026 2030 2034
• • • • Target • Actual
2035 Target
Tukwila Housing Growth Target: 2006-2035
5,626
2006 Estimated Housing Units
2018 Estimated Housing Units
Estimated Housing Growth
7,739
7,869
130
0/0 of Pace Needed to Average Annual 2018-2035 Avg. Annual
Achieve 2035 Housing 2006-2018 Growth Growth Needed to Meet
Growth Tar et Rate 2035 Tar et
5.6%
0.14%
3.17%
Since 2006, Tukwila has grown at
6% of the pace needed to achieve its
2035 housing growth target of 5,626
units. During this period, the total
number of housing units in Tukwila
grew by roughly 2%. At this current
rate, Tukwila is under the
production pace needed to meet its
2035 growth target, and needs to
grow at an annual rate of 3.2% to
reach its remaining target by 2035.
Residential Achieved Densities
Zoned Density (du/acre)
Gross Critical Areas Public Purpose ROWs Net Total
Area (acres) (acres) (acres) (acres) Area (acres) Units
Achieved Density
(DU/acre)
Very Low
Low
Medium Low
100
90
80
70
60
50
40
30
20
10
0
0 - 4 du/acre
4 - 10 du/acre
10 - 24 du/acre
24 - 48 du/acre
48 & up du/acre
0.0
35.6
4.2
0.0
5.3
Total 45.1
0.0
1.7
0.0
0.0
0.0
1.7
0.0
2.3
0.2
0.0
0.0
2.5
Achieved Density by Zoned Density Level, 2012-2018
Very Low
0
0
Low Medium Low Medium High
Zoned Density Level
(aj ■ ■ ■ King County Urban Growth Capacity Report I June 2021
0.0
0.0
0.0`
0.0`
0.0'
0.0
0
High
0.0
31.6
4.0
0.0
5.3
40.9
0
163
155
0
440
758
Zoned Density
Range of
Zones with
Produced
Units
°Average
Achieved
Density
5.2
38.9
82.4
18.5
100%
90%
3
80%
O
w 70%
60%
u
50%
40%
30%
20%
10%
0%
Achieved Density
Level
Total
Net Area (acres) Units
Total
0.0
31.6
0.6
5.3
3.4
40.9
0
163
9
215
371
758
Permitted Units by Achieved Density Level, 2012-2018
22%
1%
Very Low Low Medium Low Medium High
Achieved Density Level
49%
High
1,632
3,945
5,577
Profiles of Cities and Unincorporated Areas
Tukwila - Residential Land Supply and Capacity
Assumed Vacant/
Density Level Redevelopable
Critical
Gross Acres Areas
Infrastructure ROW &Public
Constrained
Area
Purpose
Discount
Market Factor
(low/high)
Net
Available
Acres
Assumed Densities
(low/high - Net Capacity
units/acre) (units)
Very Low
Density
Medium Low
Density
Vacant Subtotal
Redev Subtotal
Subtotal
0.00
0.00
0.0% - 0.0%
0.0% - 0.0%
Vacant Subtotal
Redev Subtotal
Subtotal
Vacant Subtotal
Redev Subtotal
Subtotal
0.00
645.65
0.00
225.11
0.00
14.741
0.00
9.06
31.52
40.58;
388.64 95.68
0.00
7.65
6.01
13.65
20.0% - 20.0%
20.0% - 20.0%
10.0%-20.0%
10.0% - 20.0%
0.00
0.00
0.00
63.41
220.65
284.06
44.69
39.04
83.72
0.0
0.0
5.1
5.1
14.5 / 22.0
14.5 / 22.0
35.8
35.8
Medium High
Density
High Density
Vacant Subtotal
Redev Subtotal
Subtotal
13.56
Vacant Subtotal
Redev Subtotal
Subtotal
0.43 10.0% - 10.0%
1.18 10.0% - 10.0%
2.79
7.69
0
0
0
323
533
857
938
710
1,648
100
259
0.12
0.00
1.61
10.48
359
155.60
28.98
0.00
1.37E 0.0% - 10.0%
13.82E 0.0% - 10.0%
15.191
8.92
89.84
98.76
61.7 / 61.7
61.7 / 61.7
271
2,443
2,714
All Zones
Vacant Total
Redev Total
Total
1,203.45
349.89
14.74
18.51
52.53:
71.04 °
119.81
357.22
477.03
Capacity (units)
Very Low Density Zones
Low Density Zones
Medium Low Density Zones
Medium High Density Zones
High Density Zones
Capacity in Pipeline
0
857
1,648
359
2,714
2,642
Total Capacity (Units)
Remaining Target (2018-2035)
Surplus/Deficit Capacity (Units)
8,219
5,496
2,723
Housing Capacity by
Density Level (units)
• Low Density
Medium Low
■ Medium High
Density
• High Density
■ ■ ■ King County Urban Growth Capacity Report I June 2021
Remaining 2035 Target
19,737
Tukwila - Employment Growth and Commercial/Industrial Development Trends
Actual vs Targetjobs Growth
(From 2006 Baseline)
25,000
20,000
15,000
10,000
5,000
2035
Target
o O• 0
2006 2010 2014 2018 2022 2026 2030 2034
• • • • Target —O—Actual
Profiles of Cities and Unincorporated Areas
Tukwila Jobs Growth Target: 2006-2035
20,358
2006 Jobs (PSRC)
2018 Jobs (PSRC)
Total Jobs Growth
44,345
44,966
621
% of Pace Needed to
Achieve 2035 Jobs
Target
Average Annual 2006-
2018 Growth Rate
2018-2035 Avg.
Annual Growth
Rate Needed to
Meet 2035 Target
7,4%
0.12%
2.16%
Since 2006, Tukwila has grown at
7% of the pace needed to achieve its
2035 jobs growth target of 20,358
units. During this period, the total
number of jobs in Tukwila grew by
roughly 1%. At this current rate,
Tukwila is under the pace needed to
meet its 2035 jobs growth target, and
needs to grow at an annual rate of
2.2% to reach its remaining target by
2035.
Non -Residential Achieved Densities
Zoned Density (FAR)
Net Area (sq. feet) Total Floor Area Average Achieved
(sq. feet) Density (FAR)
Very Low
Low
Medium Low
0-0.35 FAR
0.35-0.5FAR
0.5 - 1.0 FAR
1.0-3.0FAR
3.0 & up FAR
328,799
0
0
0
1,422,281
96,529
0
0
0
533,029
0.3
0.4
Floor Area Ratio
14.0
12.0
10.0
8.0
6.0
4.0
2.0
0.0
Total 1,751,080
629,558
0.4
Achieved Density vs Zoned Density Level, 2012-2018
0
Very Low
0
Low Medium Low Medium High High
Zoned Density Level
(�j1 ■ ■ ■ King County Urban Growth Capacity Report I June 2021
Zoned
Density
Range of
Zones with
Non -
Residential
Development
°Average
Achieved
Density
Percent of Total Floor Area
Achieved Density Total Floor Area Average Achieved
Level Net Area (sq. feet) (sq. feet) Density (FAR)
Very Low
Low
Medium Low
1,141,085
219,547
348,948
41,500
0
158,640
90,252
307,035
73,631
0
0.1
0.4
0.9
1.8
0.0
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Total 1,751,080 629,558
0.4
Non -Residential Development by Achieved Density Level,
2012-2018
25%
Very Low
14%
49%
12%
Low Medium Low Medium High High
Achieved Density Level
Tukwila - Commercial/Industrial Land Supply and Job Capacity
Land Supply
Gross Public Initial Buildable
Area Critical Areas ROWs Purpose Land Area
(acres) (acres) (acres) (acres) Supply Market Factor (acres)
Vacant / Redev.
Commercial
Mixed Use
Industrial
234.4
399.4
282.1
Non -Res Land Total
137.9
48.8
122.6
1.9
7.0
3.2
915.8 309.3
9.7
35.1
16.0
84.9
308.5
140.4
12.1 60.7 533.8
20%
10% - 20%
35%
65.6
256.3
84.5
406.5
Job Capacity by Land
Use
Net Buildable Assumed Existing Floor
Area Density Range Area (million Floor Area Capac. Job
(mil.sq.ft.) (FAR) sq.ft.) (million sq.ft.) Sq. ft. per Job Capacity
IVacant
Redevelopable
0.45
3.97
0.07 / 0.75
0.07 / 0.75
0.00
0.95
0.19
1.09
400 / 800
400 / 800
275
2332
Commercial Total
4.42 0.07/0.75 0.95
1.28 400 / 800 2,607
Mixed -Use
Vacant
Redevelopable
5.48
5.69
0.06 / 1.75
0.06 / 1.75
0.00
1.53
8.67
1.91
400
400
21,679
4,784
Mixed Use Total
11.16 0.06/1.75
1.53
10.59
400
26,463
Industrial
Vacant
Redevelopable
1.02
2.67
0.42
0.42
0.00
0.26
0.43
0.86
800
800
534
1070
Industrial Total
3.68
0.42
0.26
1.28
800
1,604
City Total
Commercial 4.42
Mixed Use 11.16
Industrial 3.68
Job Capacity in Pipeline
0.07 / 0.75
0.06 / 1.75
0.42
0.69
0.91
0.26
1.28
10.59
1.28
400 / 800
400
800
2,607
26,463
1,604
3,074
City Total 19.26 0.06 / 1.75 1.86
*Certain zones grouped as commercial allow for industrial use.
13.15
400 / 800 33,749
■ ■ ■ King County Urban Growth Capacity Report I June 2021
Profiles of Cities and Unincorporated Areas
Job Capacity by
Assumed Density Level #
Very Low Density
Low Density
Medium Low Density
Medium High Density
High Density
Capacity in Pipeline
309 1%`
2,195 7%11
5,954 19%1
22,216 72%I®
0 0%1
3,074
Total Capacity (jobs)
Remaining Target (2018-2035)
Surplus/Deficit Capacity (jobs)
33,749
19,737
14,012
July 7, 2022
City of Tukwila
Growth Management Services
Washington Department of Commerce
gmsgrants@commerce.wa.gov.
RE: City of Tukwila - Middle Housing Grant Application
Dear Sir or Madam:
Allan Ekberg, Mayor
I, Allan Ekberg, Mayor of Tukwila, authorize the City to propose the scope of work and budget
request submitted on July 5, 2022, for Middle Housing Grant funding to consider policy, zoning,
and development regulation code strategies to allow middle housing in our community.
We acknowledge the grant threshold is to consider middle housing types on at least 30% of the
lots which only allow single family development at this time. We understand that the periodic
update, due December 2024, requires us to adopt policies related to moderate density housing
options, including, but not limited to duplexes, triplexes, and townhomes, and this funding will
help us meet this requirement.
We also acknowledging this work is required to address new components of the housing
element to address past racial discrimination, exclusion, and displacement in housing.
The City's grant application states the following objective for the grant:
"... providing background information and analysis necessary for City leadership to consider
amendments to Tukwila's Comprehensive Plan and associated regulatory documents to expand
housing options that include authorizing middle housing types on 30% of the area or lots currently
zoned as Low Density Residential."
The grant scope includes both a Public Engagement component, and development of a Racial
Equity Report & Housing Policy document analyzing current conditions and summarizing how
the City can address displacement risk for racial, ethnic, and religious communities, as well as
for persons in lower income communities. The Report will include a schedule of programs and
actions the City can take to implement anti -displacement policies, and the associated timeline
for action.
The City recognizes that solving the problem of affordable housing is difficult, and that some of
the community must be "brought along" in the discussion of existing conditions, the need for
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
77
78
Tukwila Middle Housing Grant Application
Mayor's Letter
July 7, 2022
Page 2 of 2
diverse and affordable options, and the benefits of change. Tukwila has conditions that are
unlike our peer cities in King County. The proportion of renters in Tukwila (57%) is closer to
that of renter -rich Seattle (52%), than the average of other cities within King County, excluding
Seattle (31%). This is relevant to Tukwila because the City continually seeks to increase the
owner -occupied share of the City's housing to transition the City toward being less of a
transitional destination for newcomers (especially, the refugee and immigrant community), and
more of a permanent, stable home for its residents.
The application also notes that, compared with other King County Cities, Tukwila's has a lower
percentage of single family housing units compared to the other cities and the County, and the
highest percentage of units in structures having ten units or more. These characteristics will
require creativity in identifying how the City can achieve more of its home ownership ambitions
than just adding more multi -family housing.
The City offers several high capacity transit options and active bus routes. This comprehensive
plan, like previous plans, will address how these investments can be best supported by the land
use, housing, and transportation priorities endorsed. The City received great community
support for the continued development of the Tukwila International Blvd area and will build on
that focus for the next Comprehensive Plan, including through the housing policy that shapes
the greater TIB Neighborhood.
Tukwila is looking forward to receiving this funding so we can continue to explore how we can
provide the affordable housing and housing types needed by the community. Thank you.
Sincerely,
'�LIaK 646,e/&g
Key': ID,J041,2e,,,leacicObe2Of=acl,143
Allan Ekberg, Mayor
City of Tukwila
https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPIanning/Long Range Planning/2024 Comprehensive
Plan/COMMERCE/Grants/TUKWILA - Missing Middle Application - Mayor's letter.docx
.I►' Washington State
V40 Com rmerce
GROWTH MANAGEMENT SERVICES
Middle Housing Grant QtA
Summary:
In the 2022 legislative session, Growth Management Services (GMS) received $7.5 million to create a grant
program for middle housing. In May, GMS formalized the grant program application process, grant
requirements, and provided an informational workshop on May 23, 2022 to discuss the program with potential
applicants. Approximately 30 city representatives attended the workshop, and asked questions. This Q&A
captures those questions and answers, and others sent by email, providing an update to the grant program.
Contents
MIDDLE HOUSING GRANT PROGRAM PROVISO EXCERPT 2
WHAT DO YOU MEAN BY MIDDLE HOUSING AND 30%? 3
HOW MUCH COMMITMENT DOES A CITY HAVE TO MAKE TO GET THE GRANT? 4
WHAT ARE ELIGIBLE ACTIVITIES? 6
TIMING OF APPLICATIONS AND POTENTIAL LEGISLATION 6
MORE DETAIL ON COMMERCE TECHNICAL ASSISTANCE OPPORTUNITIES 7
MORE DETAIL ON WORKING WITH COMMUNITY-BASED ORGANIZATIONS (CBOs) 7
79
Proviso excerpt:
MIDDLE HOUSING GRANT PROGRAM PROVISO EXCERPT
(189) $7,500,000 of the general fund—state appropriation for fiscal year 2023 is provided solely for the department to administer
grants to eligible cities for actions relating to adopting ordinances that would authorize middle housing types on at least 30 percent of
lots currently zoned as single family residential.
For the purposes of this subsection, "middle housing types" include duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses,
courtyard apartments, cottage housing, and stacked flats.
(a) For the purposes of this subsection, a city is eligible to receive a grant if:
i. The city is required to plan under RCW 36.70A.040; and
ii. The city is required to take action on or before June 30, 2024, to review and, if needed, revise its
comprehensive plan and development regulations pursuant to RCW 36.70A.130(5)(a).
(b) Grant recipients must use grant funding for costs to conduct at least three of the following activities:
i. Analyzing comprehensive plan policies and municipal code to determine the extent of
amendments required to meet the goal of authorizing middle housing types on at least 30
percent of lots currently zoned as single family residential;
ii. Preparing informational material for the public;
iii. Conducting outreach, including with the assistance of community-based organizations, to
inform and solicit feedback from a representative group of renters and owner -occupied
households in residential neighborhoods, and from for-profit and nonprofit residential
developers;
iv. Drafting proposed amendments to zoning ordinances for consideration by the city planning
commission and city council;
v. Holding city planning commission public hearings;
vi. Publicizing and presenting the city planning commission's recommendations to the city council;
and
vii. Holding city council public hearings on the planning commission's recommendations.
(c) Before updating their zoning ordinances, a city must use a racial equity analysis and establish
antidisplacement policies as required under RCW 36.70A.070(2)(e) through (h) to ensure there will be
no net displacement of very low, low, or moderate -income households, as defined in RCW 43.63A.510,
or individuals from racial, ethnic, and religious communities which have been subject to discriminatory
housing policies in the past.
(d) The department shall prioritize applicants who:
i. Aim to authorize middle housing types in the greatest proportion of zones; and
ii. Subcontract with multiple community-based organizations that represent different vulnerable
populations in overburdened communities, as defined in RCW 70A.02.010, that have
traditionally been disparately impacted by planning and zoning policies and practices, to engage
in eligible activities as described in (b) of this subsection.
SOURCE: Section 189 of Engrossed Substitute Senate Bill 5693, the 2022 supplemental operating budget
80
Questions & Answers
WHAT DO YOU MEAN BY "MIDDLE HOUSING" AND 30%?
Q: The proviso seems to say that the 30% condition is only one of a list of seven activities a community must
conduct with the grant funding, while the instructions reads as if the activities chosen must enable middle
housing on at least 30% of lots. Is there a discrepancy here, or am I misreading the proviso? A: It is only one
of the seven activities, but if you take it off the list, there is no direction about what you are supposed to be
doing. (ii) through (vii) follow (i). (i) is very broad in the types of activities that you can do to meet the goal, so
there is room for a lot of activities, but the goal is clearly stated.
Q: Does a city have to authorize all middle housing types or is a subset of them ok? A: The grant proviso
includes a definition for "middle housing types", which includes duplexes, triplexes, fourplexes, fiveplexes,
sixplexes, townhouses, courtyard apartments, cottage housing, and stacked flats. We suggest considering the
whole suite of middle housing types, and think about where they might fit in your community. It may not be
appropriate that all types are allowed in all parts of your community. For example, higher intensity types might
be more appropriate in corridors or commercial nodes, where 2-3,4 plexes might be more appropriate for low
density residential zones. None of the middle housing types may be appropriate in high density centers and
transit station areas. The recommendations should take into account your public engagement findings, and
document how the suite of middle housing types were considered.
Q: How are you calculating the 30%? Does it have to be considered in existing zones, or do we need to
develop new zones? And are we calculating based on area or number of parcels? And when do you calculate
that? A: We see the complications. The proviso said "lots" but there is definitely room for interpretation. If you
are fully platted, you can count all lots. If you have a lot of unplatted land, look at area. There is no requirement
to create a new zone. Also, Commerce realizes that many communities already changed their zoning with or
without state funds. So any changes to your zoning code since January 1, 2019 (when housing action plan
grants first were provided), may be considered in the calculation of 30%.
Q: We are struggling with this 30%. Does this refer to platted lots or land area? Could it be 30% of buildable
or developable lots? We have issues with changing zoning on newly developed subdivisions. There is a lot
of concern and fear from new homeowners if they hear of zoning changes. People are worried. A: The
proviso appears to look at the net number of lots, and since middle housing is generally applied by zone, it
would make sense to apply by zoning district. However, 30% can be however you work it out, but it appears to
be total lots or area in the community. The Buildable Lands Report can help to see what is possible.
Q: 30% seems premature with the intentions of the grant to have middle housing conversations, and seems
prescriptive. A: The grant program must reflect the language in the proviso. We are requiring that the
application show a minimum of 30% of area or lots as a place where middle housing types are considered.
Q: How do you authorize the most middle housing types? Would you split some zones to allow more in other
areas? How you achieve it is flexible. There is no specific requirement to change existing zones or create new
ones.
Q: What would the deliverable be when final products are not required? A. The example scope of work shows
deliverables as reports on the racial equity analysis, and on the middle housing work. Middle housing grant
81
deliverables could be draft policies to include in the comprehensive plan update, related to middle housing.
Such policies are already required for areas inside the UGA as part of the periodic update. Another deliverable
could be recommendations on which zones could accommodate which types of middle housing, or draft
changes to zoning codes, permit structures, fees, etc., that could feed into the update.
Q: Even to just have those conversations by June of 2023 is a tight timeline. But if conversations are still
going on in June 2023 — what would be the deliverables that are being submitted to Commerce? A: The way
we think it might work is to include a review of the policies and regulations and structures. The range of things
a city could do to address middle housing could include a report that provides the data, analysis, draft policies
and recommendations for amendments to the development regulations. Much of this is already required for
your housing element update.
Q: What if you already meet the 30% threshold? A: That's great! What types of other middle housing work
you can do? Can you evaluate fees, permitting processes, and incentives? Could you refine the zoning, design,
etc.? What else can you do to incentive or remove barrier to these housing types?
HOW MUCH COMMITMENT DOES A CITY HAVE TO MAKE TO GET THE GRANT?
Q: We don't have a commitment from the council to do this amount of work. Does this exclude us from
working on this? What is your guidance for us if we don't have the ability to predict it's not going to go
sideways when it goes to council? Council members in Washington and Minneapolis lost their seats over
middle housing. A: There is no requirement to adopt the policy changes or zoning code amendments because
the timeline is so short. We assume the legislature wanted cities to have these discussions and understand
where these middle housing types are most appropriate in their community, and propose updates to their
policies and regulations. There is enough money that the legislature envisioned every community would have
these conversations. Regarding the City of Minneapolis, recent information is that the city has authorized
about 9,000 housing units since they authorized middle housing on all lots in the city, and only 50 units are
middle housing.
Q: It appears that the grant does not require us to adopt anything. Is that correct? A: Yes, due to the tight time
frame, the grant requires certain activities, but should end with recommendations that would be eventually
adopted or incorporated into the periodic update of the comprehensive plan and regulations.
Q: Is the letter of commitment from the mayor (or authorized official) required to even be eligible for the
grant, or does it only factor into scoring for the "Local Commitment" points? A. A letter of commitment to
authorize staff to do the work is required. Unlike the HAP grants, which required adoption of a final result, this
grant, like the majority of growth management grants requires consideration of the proposals, but does not
presuppose a final result. We do require agreement from city leadership to work on the issues..
Q: Do you think it's essentially a non-starter for a city being awarded a middle housing grant if they can't
state a commitment to that 30% threshold through their proposed eligible activities under the grant? A: The
grant application requires you to submit a zoning map, buildable lands report, and a summary of how you
might be considering getting to the 30% threshold. If that shows that it is possible, and that you are
considering a minimum of 30% of lots, you would be able to receive the grant. If the map and analysis shows
that you are only considering 10 or 20% of lots or area, you are not meeting the minimum threshold for
receiving the funds.
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Q: We thought we would not qualify because we don't have direction from council yet. We are still looking at
our strategy for growth. One of their goals is to have more middle housing - but it would put the cart before
the horse if we say we have this grant to do 30% of SF lots as middle housing - they will say they have not
done the pre -work. A: This grant could be very good for your community to explore your middle housing goal
and capacity. The intent is to queue up work in your periodic update. This will help define the goal for middle
housing and see where it might work in your community.
Q: Our city has a Housing Action Plan (HAP) grant, but we are nervous about changing goal posts. With
Vision 2050, we have a certain amount of growth they have to accommodate. The director is nervous about
the perception that the two grants are similar but different perspective work products. A: The requirements
for a housing action plan and a housing element are similar, and the work required by the middle housing grant
is also similar to that needed for a housing element. Here is a chart with the major components
Housing Element
RCW 36.70A.-070(2)
(required for all GMA cities and
counties)
Housing Action Plan
(Optional grant to
fund many required
activities)
Middle Housing
Grant
Optional grant to
fund mostly
required activities
Other
Comments
a. Housing needs assessment
Required
Housing projections
by income band and
for shelters will be
provided by
Commerce
b. Goals and policies..., for
preservation, improvement, and
development of housing, including
single-family residences, and within
an urban growth area boundary,
moderate density housing options
including, but not limited to,
duplexes, triplexes, and townhomes;
Must review housing
element.
Must develop strategies
for meeting housing needs
Middle housing is one
strategy, consider
policies and zoning, ano
other programs to
support middle housing
Local policies must
be consistent with
countywide planning
policies and Vision
2050
c.. Land capacity analysis for
housing
Required, and must
analyze employment
trends
May consider capacity
for middle housing
Jurisdictions inside
the Puget Sound
region should have
already completed a
buildable lands report
d. adequate provisions for all
economic segments, consider housing
location relative to employment,
ADUs
Suggested
e.. to h. Address racial
discrimination, exclusion and
displacement in housing
Must address
displacement
Must address racial
discrimination, exclusion
and displacement in
housing
Guidance and
technical assistance
on this topic will
come this summer
Community Engagement
Required
Required
Implementation Plan
Required
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Q: This should be a tool to help with other work. So this will not create new goal posts? A: Correct. This can
fund about half of the update requirements for the housing element. A HAP is optional ,and helps support
overall housing planning work.
WHAT ARE ELIGIBLE ACTIVITIES?
Q: If we already have a grant to develop code amendments (to do missing middle). Could we use this grant
to supplement that grant to do more with addressing equity and displacement and other impediments to
middle housing? A: Yes, but Commerce can't pay twice for the same thing — so we just need to clearly
document what is covered under one grant and what is covered in another grant. But your other work to
address middle housing should be consistent with this grant, considering all middle housing types, and
considering on at least 30% of lots.
Q: So we do not have to use this funding to create a new zone. Could we create new zone? A: Yes.
Q: Could we conduct financial analysis of proposed policies to evaluate affordable housing requirements? A.
The grant funds can be used to outreach to, communicate with, and educate the community on issued related
to middle housing as long as the jurisdiction is using that outreach to evaluate the implementation of middle
housing types on at least 30% of the lots currently zoned as single family. If some of that communication
includes clear analysis and information on middle housing types, affordable housing, and implementation this
could be included in the grant.
Q: Can the grant be used to assess displacement, equity, and other impediments to middle housing like fees,
financing, etc.? A: Yes. Absolutely!
Q: Can the final deliverable be only draft comp plan policies, or would it also have to include draft
zoning code amendments? A: In looking at the proviso, the language is "$7,500,000 of the general fund—state
appropriation for fiscal year 2023 is provided solely for the department to administer grants to eligible cities for
actions relating to adopting ordinances that would authorize middle housing types on at least 30 percent of lots
currently zoned as single family residential. " The list of eligible activities leads with "(i) Analyzing
comprehensive plan policies and municipal code to determine the extent of amendments required to meet the
goal of authorizing middle housing types on at least 30 percent of lots currently zoned as single family
residential;"
Policy changes are certainly part of the support for code changes, and it is great time to review policies, but the
intent of the proviso is beyond changing policies, it needs to be on the path to adopting ordinances, or changes
in code. You will only have 12 months, so the analysis and shaping potential middle housing will take a while.
A first draft of code amendments would likely be sufficient, or even a list of which specific code sections
would be need to be revised.
TIMING OF APPLICATIONS AND POTENTIAL LEGISLATION
Q: Could we have more time? A: No. We may ask for re -appropriation of unspent funds, but it is uncertain as
this is operating funds, not capital funds (capital funds are what is typically re -appropriated). The current state
biennium is July 1, 2021 through June 30, 2023. Typically operating funds are to be spent within the biennium.
84
Q: If we choose to submit for the July 5 deadline — will we receive lower priority like the climate grants? A:
No, we should be able to fund everyone in this program.
Q: Can you speak to missing middle housing bills that didn't pass? A. The middle housing bill (HB 1782) and
others did not pass last year. It would have required significant densities around transit services. I have heard
the bill may come back next session. We believe this grant program was intended as a voluntary approach at
this time.
MORE DETAIL ON COMMERCE TECHNICAL ASSISTANCE OPPORTUNITIES
Comment: Cities like the sound of technical assistance. We have already come across the lack of capacity in
the consultant world. So prepping a clear explanation of what those technical assistance people can do to
help cities do the work would be really helpful.
Q: Is the interdisciplinary team to help reduce jurisdiction reliance on consultants? A: Yes, we recognize that
it is very difficult to hire consultants, or staff, at this time. The interdisciplinary team is Commerce in-house
assistance to support in-house city staff or hired consultants. The team will be able to help in several ways:
• Review existing comprehensive plans and other housing policies and suggest changes
• Review your local code and recommend approaches to allowing middle housing
• Assisting with community outreach
• Completing the racial equity analysis,
• Communications and messaging and a series of videos, presentations and handouts on various
housing topics.
Q: What are you looking for in terms of the pilot studies for middle housing? A: We are looking for
communities that have done the policy work for middle housing. We can then hire a national level firm that
develops model missing middle housing codes and design guidelines for cities of different sizes.
Q: Our council isn't even aware of this need. Can we use the Commerce tech team to present on the need?
A: yes! And we have provided slides on the grant program that local planners can use.
MORE DETAIL ON WORKING WITH COMMUNITY-BASED ORGANIZATIONS (CBOs)
Q: What are the parameters for subcontracting with CBOs? Are there certain eligibility requirements? Do
they have to be based in the city? A: There are some guidelines for paying people to attend your meetings.
We can find if there are state guidelines for working with CBOs. We will have to get back to you.
Q: When we hear "CBO" — we hears a cultural identity group, NGO, etc. Is there something more specific or
broad this is referring to? A: We will have to do more research to find out that answer.
Q: Is it correct that we are not required to subcontract with community-based organizations, but applications
that do include that aspect are prioritized? A: That is correct, subcontracting is not required, but consultation is
certainly recommended. The proviso says that Commerce shall prioritize applicants who subcontract with multiple
85
community-based organizations that represent different vulnerable populations in overburdened communities,
as defined in RCW 70A.02.010, that have traditionally been disparately impacted by planning and zoning
policies and practices, to engage in eligible activities as described in (b) of this subsection.
Q: Regarding CBO subcontracting funds, application instructions state, "Additional funding requests will be
reviewed after the first round of applications are received." Is this above and beyond the base grant limits
listed by city size (i.e. $100K for cities over 20K pop)? Yes.
Q: Are there guidelines/limits for this additional CBO funding, and can you share that? There are no limits,
but we put $20,000 in the example. We have heard that it can cost $2,000 to work with a community-based
organization. So we thought about working with 10 groups. I think you would need to provide enough detail in
your proposal to provide clear explanations about the improved engagement, and outcome based on how you
would spend the extra money.
Q: Should the additional funding for CBOs be explained and requested through the grant applications due
June 9, or will there be a separate request period for that CBO funding? The request should be submitted as
the same time.
Q:Can you tell me more about Civic Spark Fellows to help with the work? CivicSpark is an AmeriCorps
program operated by CivicWell (formerly the Local Government Commission) in California. Over the last seven
years 500+ CivicSpark Fellows have contributed over 500,000 hours of support for hundreds of community
resilience projects (e.g., climate action, affordable housing, mobility, and equitable community engagement)
with over 250 public agencies. CivicSpark is coming to Washington in the Fall of 2022 and they are looking for
local governments and organizations across the state who might be interested in hosting one or more
AmeriCorps Fellows who will spend 11 months supporting local resilience projects including affordable
housing.
CivicSpark places highly motivated emerging leaders with local organizations for 11 -months to support
research, planning, and implementation projects for community resilience. CivicSpark Fellows are AmeriCorps
Members selected through a competitive national application process. Fellows have at minimum a college
degree in a relevant field, as well as workplace and community service experience. Public agencies, state
agencies, Tribes, and non-profit organizations can contract directly to host CivicSpark Fellows. To date,
housing support projects have generally focused on priorities such as analysis of housing capacity and
inventory, planning for increased housing supply, housing equity programs, and disaster recovery and
rebuilding support. Applications are being accepted on a rolling basis, but they encourage interested
applicants to apply in parallel with the Middle housing grant process (e.g. June 9). The local financial
contribution is $29,000, which can be covered by the grant.
For a bit more about the program, the background, and the process of getting involved, please see the attached
flyer, visit the Washington Partner page, check out a recent MRSC Blog posting at Tapping the Power of
Emerging Leaders for Climate Resilience or reach out directly to Kif Scheuer (kif@farallonstrategies.com).
86
2024-2044 Comprehensive Plan Update
Middle Housing Grant Acceptance
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Planning and Community Development Committee
October 3, 2022
Middle Housing Grant
• $130, 000 from WA Dept. of Commerce
• Grant Requirements:
— Complete a GMA-required racial equity analysis + develop
anti -displacement policies in response
— Analyze and consider adoption of policies and code language to
allow "Middle Housing" on at least 30 percent (lots or area) of
currently zoned single family (LDR).
— Contract with local Community-based Organizations to ensure
historically underrepresented interests are considered (this
involvement is required by GMA)
— Provide deliverables of draft language by June 30, 2023.
2024-2044 Comprehensive Plan Update: Middle Housing Grant Acceptance
Planning and Community Development Committee
October 3, 2022
Why is this Grant Available?
• 2022 Legislature
— Wanted to address Housing Affordability, Supply, and
Choice
— Considered, but did not pass, a mandatory requirement
that all cities allow Middle Housing in current Single Family
zones
— It's anticipated that the legislature will take up the issue
again in 2023.
2024-2044 Comprehensive Plan Update: Middle Housing Grant Acceptance
Planning and Community Development Committee
October 3, 2022
What is "Middle Housing"?
• A range of modestly -sized buildings with multiple
units
— Duplexes through six-plexes, townhouses, courtyard apartments,
cottage housing, and stacked flats.
• Designed to be compatible in scale/form with
detached single-family homes
• Intended to provide:
— Diversity of housing choice: form, affordability, neighborhood
character
— Ownership opportunities
2024-2044 Comprehensive Plan Update: Middle Housing Grant Acceptance
Planning and Community Development Committee
October 3, 2022
Examples
Duplex, Stacked
Fourplex, Stacked
Courtyard Building
1The term "Missing Middle" Housing was created by Daniel Parolek / Image 0 Opticos Design, Inc. I For more information
visit www. missingmiddlehousinq.corn.
2024-2044 Comprehensive Plan Update: Middle Housing Grant Acceptance
Planning and Community Development Committee
October 3, 2022
Considerations
• Pros
— City is not mandated to adopt new zoning or standards
for Middle Housing
— Opportunity to evaluate Middle Housing question before
possible legislative mandates
— The grant funding will pay for some required Plan
Update analysis and community coordination
• Cons
— Timeline is short (consultants tightly booked)
— Community attitudes may be resistant to change
2024-2044 Comprehensive Plan Update: Middle Housing Grant Acceptance
Planning and Community Development Committee
October 3, 2022
Recommendation
• Forward grant agreement to
—the Committee of the Whole (10/10/22) for
discussion, and
—the Council Regular meeting (10/17/22) for
approval.
2024-2044 Comprehensive Plan Update: Middle Housing Grant Acceptance
Planning and Community Development Committee
October 3, 2022
Questions?
2024-2044 Comprehensive Plan Update: Middle Housing Grant Acceptance
Planning and Community Development Committee
October 3, 2022