HomeMy WebLinkAboutCOW 2023-08-14 Item 6A - Ordinance - Multi-Family Property Tax Exemption (MFTE) ProgramCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
7/24/23
DCS
8/14/23
DCS
ITEM INFORMATION
ITEM NO.
5 & 6.A.
STAFF SPONSOR: DEREK SPECK
ORIGINAL AGENDA DATE: 7/24/23
AGENDA ITEM TITLE Multi -family Property Tax Exemption Resolution of Intent
CATEGORY ® Discussion
Mtg Date 7/24/23
❑ Motion
Mtg Date
® Resolution
Mtg Date 7/24/23
® Ordinance
Mtg Date 8/21/23
❑ Bid Award
Mtg Date
® Public Hearing
Mtg Date 8/14/23
❑ Other
Mtg Date
SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
The Council is being asked to hold a public hearing and consider an ordinance designating
the Southcenter area as a residential targeted area and amending the multi -family
property tax exemption program.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev.
❑ LTAC
DATE: 7/17/23
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office/Economic Development Division
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
7/24/23
Approved a Resolution of Intent
8/14/23
8/21/23
MTG. DATE
ATTACHMENTS
7/24/23
Informational Memorandum dated 7/11/23
Resolution with Exhibit A - Southcenter Residential Targeted Area map
Minutes from the 7/17 PCD Committee meeting
8/14/23
Informational Memorandum dated 8/8/23
Draft Ordinance with Exhibit A - Southcenter Residential Targeted Area map
8/21/23
11
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TO:
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
City Council
FROM: Derek Speck, Economic Development Administrator
Brandon Miles, Business Relations Manager
CC: Mayor Ekberg
DATE: August 8, 2023
SUBJECT: Multi -Family Property Tax Exemption (MFTE)
ISSUE
This item is intended to enable the Council to adopt an ordinance to designate the Southcenter
area as a residential targeted area and make other revisions to the multi -family property tax
exemption program.
BACKGROUND
In 2014 the City adopted a multi -family property tax exemption (MFTE) program and designated
a portion of the Tukwila Urban Center's Transit Oriented Development district as the eligible
area (a "residential targeted area"). In 2017 and 2021 the City amended the program to extend
the application period and add additional criteria. The application period expired on December
31, 2022. No applications are currently pending.
On February 6, 2023 the Planning and Community Development Committee (PCD) reviewed
the Economic Development Division's 2023 workplan and requested to expedite discussion on
the City's efforts related to the MFTE program.
In response to PCD's request, at the PCD meeting on April 17 staff provided a report that
described the State's requirements for cities to enact MFTE programs and included a discussion
of potential costs, benefits, considerations, and criteria of such a program. The Committee
asked staff to develop amendments to the Tukwila Municipal Code (TMC) to implement the
MFTE for Tukwila South, and to consider including other portions of the Tukwila Urban Center,
in the simplest way possible to reduce the amount of staff time needed for the amendments. On
July 17 staff provided an overview to PCD of the revisions and process if the Council would like
to adopt the revisions. On July 24 the Council adopted a resolution of intent and scheduled a
public hearing for August 14.
DISCUSSION
If the Council would like to include Tukwila South in the MFTE program, staff has attached a
draft ordinance with the necessary revisions shown in track changes. Those revisions are:
(1) Residential Targeted Area: The current residential targeted area would need to be
amended to include the area covered by the Tukwila South Overlay zone and staff would
recommend also including all of the area covered by the Tukwila Urban Center (TUC)
zone. Staff believes including the remainder of the TUC is important because State law
requires the residential targeted area to be within an "urban center," as determined by
the governing authority (City Council). RCW 84.14.010 defines an urban center as "a
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INFORMATIONAL MEMO
Page 2
compact, identifiable district where urban residents may obtain a variety of products and
services. An urban center must contain:
a. Several existing or previous, or both, business establishments that may include
but are not limited to shops, offices, banks, restaurants, governmental agencies;
b. Adequate public facilities including streets, sidewalks, lighting, transit, domestic
water, and sanitary sewer systems; and
c. A mixture of uses and activities that may include housing, recreation, and cultural
activities in association with either commercial or office, or both, use."
Including the entire TUC in the residential targeted area increases Tukwila's South's
ability to qualify as an urban center.
(2) Application Period: Staff recommends extending the application period to December
31, 2028.
(3) Limit on Number of Eligible Units: Because a property tax exemption would, for eight
or twelve years, either shift property taxes to other taxpayers or would attract
development without increasing tax revenues, the City may want to be limit the number
of units that would qualify. Previously, the City's way to manage that risk was to set a
time limit on the application period, effectively a sunset clause. Staff recommends
continuing the sunset clause but adding an additional protection of a specific limit (or
cap) on the number of eligible units at 800.
(4) Building Permit Application Deadline: Our process to apply for the MFTE is fairly
easy and relatively low cost to the developers. Because of that, if we limit the number of
units that qualify for the exemption, we could receive applications from developers who
don't have viable projects which would block other qualified developers from applying.
To address this, we recommend requiring applicants to submit a complete building
permit application within 18 months of receiving their "Conditional Certificate of
Acceptance of Tax Exemption".
(5) Housekeeping: The State law has changed from when Tukwila first adopted the MFTE
and this would be an appropriate time to revise our TMC to match current state law.
(6) Tracking Procedure: At the July 17 PCD meeting, the Committee requested staff
include a procedure for tracking applications and notifying the Council before the number
of housing units in the applications exceeds the limit.
FINANCIAL IMPACT
No budget adjustments are necessary for this item. There is insufficient information to estimate
a financial impact.
RECOMMENDATION
The Council is being asked to consider the ordinance establishing the Southcenter MFTE area
at the August 14, 2023 Committee of the Whole and the August 21, 2023 Regular Meeting.
ATTACHMENTS
Draft Ordinance with Exhibit A — Southcenter Residential Targeted Area
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2462,
AS CODIFIED IN VARIOUS SECTIONS OF TUKWILA MUNICIPAL
CODE (TMC) CHAPTER 3.90, AND ORDINANCE NOS. 2538 §1
AND 2665 §2, AS CODIFIED IN TMC SECTION 3.90.060;
ESTABLISHING TMC SECTION 3.90.120; TO EXPAND THE
RESIDENTIAL TARGETED AREA, AMEND ELIGIBILITY
CRITERIA, AND ALLOW A NEW APPLICATION PERIOD FOR
MULTI -FAMILY RESIDENTIAL PROPERTY TAX EXEMPTIONS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, chapter 84.14 RCW authorizes cities to provide for exemptions from ad
valorem property taxation on qualified multi -family housing developments located in
designated residential targeted areas in order to encourage more desirable and
convenient residential units in urban centers; and
WHEREAS, the King County Countywide Planning Policies (KCCPP), developed
pursuant to the Washington State Growth Management Act, have established standards
for cities to plan for their share of regional growth and affordable housing; and
WHEREAS, in order to establish a multi -family property tax exemption program, the
City must designate one or more residential targeted areas within which qualified projects
may apply for tax exemption; and
WHEREAS, the Southcenter area includes the Tukwila South Overlay zone, which
has capacity for new development, and the Tukwila Urban Center zone, which is one of
the region's designated urban growth centers and has access to high capacity transit;
and
WHEREAS, the City intends to assist in achieving its residential growth targets and
goals in the City's Housing and Urban Center Element of the City's Comprehensive Plan
by encouraging new multi -family housing in the Southcenter area; and
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WHEREAS, the Southcenter area currently lacks sufficient available, desirable, and
convenient residential housing available to all ages, including affordable housing, to meet
the needs of the public who would be likely to live and work in the area, if affordable,
desirable, attractive, and livable places were available; and
WHEREAS, thousands of people who work in the Southcenter area are unable to live
near their jobs due to a lack of quality workforce housing and, as a result, these individuals
commute to and from work, resulting in additional vehicles on regional roadways and
adding more greenhouse gas emissions to the atmosphere; and
WHEREAS, the tax incentive provided by chapter 84.14 RCW encourages increased
residential opportunities, including affordable housing opportunities, and will stimulate the
construction of new multi -family housing within the residential targeted area and will
benefit and promote public health, safety, and welfare by encouraging residential
development and redevelopment of that area of the City; and
WHEREAS, a limited multi -family property tax exemption program in the Southcenter
area may assist in allowing workers to live closer to their jobs; and
WHEREAS, the City's multi -family property tax incentive regulations were adopted by
the Tukwila City Council in Ordinance No. 2462 on December 1, 2014, and amended by the
City Council on May 15, 2017 by Ordinance No. 2538 and on December 6, 2021 by
Ordinance No. 2665; and
WHEREAS, the City Council passed Resolution No. 2075 on July 24, 2023, stating
its intent to expand the boundaries of the residential targeted area within the Tukwila
Urban Center zone to include all of the Tukwila Urban Center zone and designate the
Tukwila Urban Center zone and the Tukwila South Overlay zone as the "Southcenter
residential targeted area," for the purposes of establishing a multi -family property tax
exemption program per chapter 84.14 RCW; and
WHEREAS, on August 14, 2023, the Tukwila City Council, after giving public notice
consistent with RCW 84.14.040, held a public hearing to consider adoption of the proposed
ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Designation of Residential Targeted Area. The City Council hereby
designates the boundaries of the Tukwila Urban Center zone and the Tukwila South
Overlay zone, as shown on maps attached hereto and incorporated herein by reference
as Exhibit A and as further specified in Tukwila Municipal Code (TMC) Section 3.90.030,
as the Southcenter residential targeted area.
Section 2. TMC Section 3.90.010 Amended. Ordinance No. 2462 §3, as codified at
Tukwila Municipal Code (TMC) Section 3.90.010, "Purpose," is hereby amended to read
as follows:
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Page 2of6
3.90.010 Purpose
The purposes of this chapter are:
1. To encourage increased residential opportunities, including affordable
housing opportunities, and to stimulate the construction of new multi -family housing within
a portion of the Tukwila Urban Ccntcr's Transit Oricnted Development district the
Southcenter area.
2. To accomplish the planning goals required under the Washington State
Growth Management Act, Chapter chapter 36.70A RCW, and the King County
Countywide Planning Policies as implemented by the City's Comprehensive Plan.
Section 3. TMC Section 3.90.020 Amended. Ordinance No. 2462 §4, as codified
at Tukwila Municipal Code (TMC) Section 3.90.020, "Definitions," is hereby amended to
read as follows:
3.90.020 Definitions
As used in this chapter, unless the context or subject matter clearly requires otherwise,
the words or phrases defined in this section shall have the indicated meanings:
A. "Administrator" shall mean the Economic Development Administrator of the City
of Tukwila or his/her designee.
B. "Affordable housing" means residential housing that is rented by a person or
household whose monthly housing costs, including utilities other than telephone, do not
exceed 30 percent of the household's monthly income. For the purposes of housing
intended for owner occupancy, "affordable housing" means residential housing that is
within the means of low- or moderate -income households.
C. "High cost area" means a county where the third quarter median house price for
median house price published during the same time period.
DC. "Household" means a single person, family, or unrelated persons living together.
ED. "Low-income household" means a single person, family, or unrelated persons
living together whose adjusted income is at or below 80 percent of the median family
income, adjusted for family size, for the county where the project is located, as reported
by the United States Department of Housing and Urban Development. For cities located
below 100 percent of the median family income adjusted for family size, for the county
where the project is located.
FE. "Moderate -income household" means a single person, family, or unrelated
persons living together whose adjusted income is more than 80 percent but is at or below
115 percent of the median family income, adjusted for family size, for the county where
the project is located, as reported by the United States Department of Housing and Urban
Development. For cities located in high cost areas, "moderate income household" means
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a household that has an income that is more than 100 percent, but at or below 150
project is located.
GF. "Multi -family housing" means a building having four or more dwelling units not
designed or used as transient accommodations and not including hotels and motels.
Multi -family units may result from new construction or rehabilitation or conversion of
vacant, underutilized, or substandard buildings to multi -family housing.
#G. "Owner" means the property owner of record.
TH. "Owner occupied" means a residential unit that is rented for fewer than 30 days
per calendar year.
JI. "Permanent residential occupancy" means multi -family housing that is either
owner occupied or rented for periods of at least one month.
IBJ. "Residential targeted area" means the area within the boundary as designated
by TMC Section 3.90.030.
LK. "Urban Center" means a compact, identifiable district where urban residents may
obtain a variety of products and services. An urban center must contain:
1. Several existing or previous, or both, business establishments that may
include but are not limited to shops, offices, banks, restaurants, governmental agencies;
2. Adequate public facilities including streets, sidewalks, lighting, transit,
domestic water, and sanitary sewer systems; and
3. A mixture of uses and activities that may include housing, recreation, and
cultural activities in association with either commercial or office or both uses.
Section 4. TMC Section 3.90.030 Amended. Ordinance No. 2462 §5, as codified
at Tukwila Municipal Code (TMC) Section 3.90.030, "Residential Targeted Area – Criteria
– Designation – Recession," is hereby amended to read as follows:
3.90.030 Residential Targeted Area — Criteria — Designation — Recession
A. The boundary boundaries of the residential targeted area are is that portion of
the Tukwila Urban Center zone and the Tukwila South Overlay zone,'s Transit Oriented
Development district that lies west of the Green River as shown in Figure A Figure 3-1.
B. If a part of any legal lot is within the residential targeted area, then the entire lot
shall be deemed to lie within such residential targeted area.
Section 5. TMC Section 3.90.060 Amended. Ordinance Nos. 2462 §8, 2538 §1,
and 2665 §2, as codified at TMC Section 3.90.060, "Application Procedure – Fee," are
hereby amended to read as follows:
3.90.060 Application Procedure—Fee
A. The owner of property applying for exemption under this chapter shall submit an
application to the Administrator, on a form established by the Administrator. The owner
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shall verify the contents of the application by oath or affirmation. The application shall
contain the following information:
1. A brief written description of the project, including phasing if applicable, that
states which units are proposed for the exemption and whether the request is for 8 or 12
years.
2. Preliminary schematic site and floor plans of the multi -family units and the
structure(s) in which they are proposed to be located.
3. A table of all units in the project listing unit number, square footage, unit
type (studio, one bedroom, etc.), and indicating those proposed for the exemption.
4. If applicable, information describing how the applicant will comply with the
affordability requirements in TMC Sections 3.90.040 and 3.90.050.
5. A statement from the owner acknowledging the potential tax liability when
the property ceases to be eligible for exemption under this chapter.
6. Any other information deemed necessary or useful by the Administrator.
B. At the time of application under this section, the applicant shall pay to the City
an initial application fee of $1,000 500 or as otherwise established by ordinance or
resolution. If the application is denied, the City may retain that portion of the application
fee attributable to its own administrative costs and refund the balance to the applicant.
C. The complete application shall be submitted any time before, but no later than,
the date the certificate of occupancy is issued under Title 16 of the Tukwila Municipal
Code.
D. After December 31, 2022, thetThe City will no longer accept applications after
December 31, 2028, or if the total number of proposed units in pending and approved
applications exceeds 800.
Section 6. TMC Section 3.90.070 Amended. Ordinance No. 2462 §9, as codified
at TMC Section 3.90.070, "Application Review – Issuance of Conditional Certificate –
Denial – Appeal," subparagraph A, is hereby amended to read as follows:
3.90.070 Application Review — Issuance of Conditional Certificate — Denial —
Appeal
A. The Administrator shall approve or deny an application under this chapter within
90 days of receipt of the complete application. The Administrator shall use the criteria
listed in TMC Chapter 3.90 and Chapter 84.14 RCW to review the proposed application.
If the application is approved, the owner shall enter into a contract with the City regarding
the terms and conditions of the project and eligibility for exemption under this Chapter.
The Mayor shall be the authorized signatory to enter into the contract on behalf of the
City. Following execution of the contract, the Administrator shall issue a conditional
certificate of acceptance of tax exemption. The certificate must contain a statement by
the Administrator that the property has complied with the required finding indicated in
RCW 84.14.060. The conditional certificate shall expire 18 months from the date of
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approval if the applicant has not submitted a complete building permit application (as
determined by the City) and shall expire 3 years from the date of approval unless an
extension is granted as provided in this chapter.
Section 7. Regulations Established. TMC Section 3.90.120 is hereby established
to read as follows:
3.90.120 Reporting
The Administrator shall maintain a list of all applications and shall notify the City
Council if the number of proposed housing units in all pending and approved applications
exceeds the limit established in TMC Section 3.90.060.D.
Section 8. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 9. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 10. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in full force five days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Exhibit A: Figure 3-1, "City of Tukwila multi -family property tax exemption residential
targeted area — Southcenter Residential Targeted Area."
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