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HomeMy WebLinkAboutPCD 2024-05-13 COMPLETE AGENDA PACKETCity of Tukwila Planning and Community Development Committee O Dennis Martinez, Chair O Tosh Sharp O Armen Papyan AGENDA MONDAY, MAY 13, 2024 — 5:30 PM Distribution: D. Martinez T. Sharp A. Papyan Mayor McLeod M. Wine A. Youn L. Humphrey ON -SITE PRESENCE: TUKWILA CITY HALL DUWAMISH CONFERENCE ROOM 6300 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 866559860# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 Item Recommended Action Page 1. BUSINESS AGENDA a. Discussion on housekeeping amendments to a. Forward to Planning Pg.1 ADU standards. Commission Isaac Gloor, Associate Planner b. Resolution adopting the 2025 South King Housing and Homelessness Partners (SKHHP) Work Plan and Budget. b. Forward to 5/20 Regular Meeting Consent Agenda Pg.3 Laurel Humphrey, Legislative Analyst c. Cannabis Retail Considerations. c. Discussion Only Pg.25 Laurel Humphrey, Legislative Analyst 2. MISCELLANEOUS Next Scheduled Meeting: June 10, 2024 S. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development FROM: Nora Gierloff, DCD Director BY: Isaac Gloor, Associate Planner CC: Thomas McLeod DATE: May 13, 2024 SUBJECT: Title 18 Housekeeping: Accessory Dwelling Units ISSUE Minor housekeeping amendments to Title 18 to update Accessory Dwelling Unit development standards. BACKGROUND In November of 2023, the City Council approved zoning code amendments that altered the development standards for Accessory Dwelling Units (ADUs) to comply with the recently passed State Law, known during development as HB 1337. These amendments allow for all parcels where Single -Family Homes are permitted to now develop up to two ADUs, in either attached or detached form, without owner occupancy and, if near frequent transit, without additional parking. Parking standards for single-family homes were not changed, and ADUs are still subject to most of the same development standards as single-family homes are, including setbacks and impervious surface limits. While the majority of the changes made were amendments to TMC 18.50, the chapter containing `Supplemental Development Standards', additional areas where code must be changed to comply with Tukwila's requirements have been identified in the time since the Council's action. DISCUSSION Below is a summary of the identified code sections and proposed changes: • TMC Table 18-6: Land Uses Allowed by District o Issue: State law requires that Tukwila permit ADUs anywhere that the City permits Single -Family Homes. Most of Tukwila's Single -Family Homes are located within Tukwila's three residential zoning districts: Low -Density Residential, Medium -Density Residential, and High -Density Residential. The land use table currently permits ADUs within those districts. However, Tukwila also permits single-family homes within several other districts, including the Mixed Use Office (MUO), Office (0), Residential Commercial Center (RCC), and Neighborhood Commercial Center (NCC) districts. As Table 18-6 does not show that ADUs are permitted within those districts, Tukwila could not allow a new ADU to be established within them. This leaves Tukwila out of compliance with the requirements of State Law. o Suggested Change: Staff proposes to amend TMC Table 18-6 to include ADUs as permitted accessory uses within the MUO, 0, RCC, and NCC zoning districts. While this would permit ADUs within 4 additional zoning districts than what is currently permitted, the impact is expected to be minor, as these districts do not currently contain many eligible properties and are unlikely to in the future. • TMC 18.50.220(B)(3): Accessory Dwelling Unit (ADU) Standards; General Standards o Issue: This code section establishes the maximum size of detached ADUs, which, as required by the State, is set at 1000 square feet. However, it also 1 INFORMATIONAL MEMO Page 2 states that if an ADU is built over a detached garage, the department will not count the square footage of the detached garage toward the maximum size of an ADU. While this is accurate, it implies that in other scenarios, the department would count the square footage of a garage and use that to limit the size of ADUs. This implicit meaning is unintentional, and if enforced, would violate state requirements. o Suggested Change: Staff proposes to amend TMC 18.50.220(B)(3) to remove the sentence "If built over a detached garage, the detached garage would not count toward the area limit for the ADU". This change would remove the implication that other types of garages may count toward ADU area limits. This sentence is unnecessary, as garages are not habitable and would not count toward an ADUs floor area in any circumstance. • TMC 18.50.055(C): Single -Family Dwelling Design Standard Exceptions o Issue: Washington State allows cities to establish design standards for ADUs, provided that those standards are no more restrictive than the standards for single-family dwellings. The TMC does this by establishing design standards for all new single-family dwellings, as well as accessory dwelling units and other accessory structures that require a building permit. These standards, as they are equally applied, comply with State requirements. Prior to the November code update by Council, Tukwila's Accessory Dwelling Unit standards contained design requirements that were more restrictive than those for single-family homes. While those requirements were removed from the code specifically referencing ADUs, Tukwila's single-family design standards still contain a reference to the now defunct code section. o Suggested Change: Staff proposes to correct this scriveners error and remove TMC 18.50.055(C). FINANCIAL IMPACT None. RECOMMENDATION The Committee is being asked to forward this issue to the Planning Commission for a recommendation. It will then be returned to Council in ordinance form for a hearing and decision. ATTACHMENTS None. 2 https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Current Planning/ISAAC - projects/Zoning Code Amendments/2024/ADU Housekeeping/PCD Info Memo - ADU Housekeeping.docx City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning & Community Development Committee FROM: Claire Goodwin , Executive Manager, SKHHP Laurel Humphrey, Legislative Analyst DATE: May 7, 2024 SUBJECT: Resolution adopting the 2025 SKHHP Work Plan and Budget BACKGROUND The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement between nine South King County cities and King County to work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. SKHHP currently has 12 member jurisdictions. Consistent with the SKHHP Interlocal Agreement, the SKHHP 2025 work plan and budget must be adopted by the SKHHP Executive Board and approved by each member jurisdiction's legislative body. DISCUSSION Every year, an annual work plan and budget is developed in collaboration with the SKHHP Executive Board, Advisory Board, and staff work group to guide the work of SKHHP staff in the coming year. Pursuant to the SKHHP Interlocal Agreement, each participating jurisdiction must approve SKHHP's annual budget and work plan. The 2025 Executive Board recommended work plan was developed through surveys to the Executive and Advisory Boards on their priorities in February and an interactive in -person discussion with the Executive Board in March. The draft 2025 work plan and budget was adopted on April 19, 2024 at the Executive Board's regularly scheduled meeting. The 2025 work plan includes four goals with corresponding action items. Each action item is prioritized as higher, medium, or lower priority. Indicators are included to measure progress on the goals. The four goals, which are the same as 2024's goal, include the following: 1. Fund the expansion and preservation of affordable housing 2. Develop policies that expand and preserve affordable housing 3. Serve as an advocate for South King County 4. Manage operations and administration The 2025 SKHHP operating budget totals $468,237, supporting two full-time staff, and includes itemization of all categories of budgeted expenses and itemization of each jurisdiction's contribution, including in -kind services. Operating revenues originate from SKHHP member contributions. As discussed last year with Council, contributions are proposed to increase 15% annually for each member jurisdiction through 2026 as approved by the Executive Board in July 2021 to work towards a balanced budget whereby SKHHP's revenues can fully support the budgeted expenditures. These projected member contributions assume no additional staff would be added. Member contributions are based 3 INFORMATIONAL MEMO Page 2 on population size accordingly, and no members are moving into a new population tier in 2025: Population tier 2023 Contribution 2024 Contribution 2025 Contribution 2026 Contribution <10,000 $5,290 $6,084 $6,996 $8,045 10,001- 35,000 $9,919 $11,407 $13,118 $15,085 35,001- 65,000 $19,838 $22,814 $26,236 $30,172 65,000 - 100,000 $34,385 $39,543 $45,474 $52,295 100,000+ $44,965 $51,710 $59,466 $68,386 Salaries and benefits are proposed to increase by 5% in 2025. Interfund IT, which is the amount paid to SKHHP's administering agency (City of Auburn) for IT services, is proposed to increase by 11%. Advisory Board compensation, SKHHP staff travel, and supplies remain unchanged in 2025. Professional services/Misc. is proposed to increase to accommodate necessary legal assistance for the development and review of SKHHP's housing contracts and funding documents. This line item also incorporates budgeted expenses for professional development from 2024 to align with the administering agency's expenditure categories. SKHHP continues to spend down the fund balance from cost -savings in 2019 and 2020 to mitigate any additional increases to member contributions. The 2025 Executive Board recommended operating budget also includes the spend -down of interest earnings accrued primarily from Housing Capital Fund contributions. Interest earned between 2019 and 2023 by jurisdiction/entity to be applied to the operating fund balance are as follows: Interest Earned by Jurisdiction 2019-2023 Auburn $8,653 Burien $6,588 Covington $8,036 Des Moines $2,534 Federal Way $11,276 Kent $97,962 Maple Valley -- Normandy Park $281 Renton $16,726 SeaTac -- Tukwila $975 King County $488 KCHA $9 TOTAL $153,529 4 INFORMATIONAL MEMO Page 3 To spend the interest earnings requires the approval of each SKHHP member with allocated accrued interest based on their contributions. With the adoption of the 2025 SKH HP operating budget which incorporates the interest earnings into the SKHHP operating fund balance, the City Council is providing authorization for SKHHP to use those funds towards the operating budget. These funds will assist in future years should there be an economic recession and members choose to pause an increase in dues. RECOMMENDATION Staff recommends Committee approval of the resolution to forward to the May 20, 2024 Regular Consent Agenda. 1. The 2025 SKHHP work plan and budget is consistent with the Interlocal Agreement and relevant subsequent Companion Agreements between Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Tukwila, and King County. 2. The 2025 SKHHP work plan and budget incorporates the feedback and priorities of the SKHHP Executive Board made up of representatives of each participating jurisdiction and the Advisory Board made up of South King County community members, representatives of housing organizations, and affordable housing subject matter experts. ATTACHMENTS 1.Presentation 2.Draft Resolution 5 6 At South King Housing and Homelessness Partners (SKHHP) 2025 Work Plan and Budget May 13, 2024 SK:I: CO id About SKHHP ■ 2019: SKHHP was formed via an Interlocal Agreement ■ Twelve member jurisdictions include: ▪ Auburn Federal Way ° Renton ▪ Burien Kent ° SeaTac ▪ Covington Maple Valley ° Tukwila ▪ Des Moines Normandy Park King County ■ Mission: • South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. ■ Interlocal agreement requires City Council adoption of annual work plan and budget SKT'� itt 2025 Work Plan Development Process Executive Board Survey Advisory Board Survey Draft review by Staff Work Group Executive Board reviews draft and provides feedback Final draft reviewed by Advisory Board and Staff Work Group Final draft reviewed and adopted at April 19 Executive Board meeting Council adoption You are here! SKT'� O lilt likk 2025 Work Plan Goals • • • I� EFL 1. Fund the expansion and preservation of affordable housing. 2. Develop policies to expand and preserve affordable housing. 3. Serve as an advocate for South King County. 4. Manage operations and administration. I. id 2025 Operating Budget • Total operating budget: $468,237 • 68% funds salary and benefits (2 FTEs) • Revenue: • Operating revenues come from member jurisdiction annual contributions and based on population tiers • Executive Board adopted policy in July 2021 • 15% increase in member contributions each year through 2026 • Expenses: • Professional services/Misc. increasing to accommodate the legal assistance needed for the development of housing contracts and third -party review of applications • Incorporates professional development from 2024 budget • Continuing to spend down cost savings from first two years to balance additional contribution increases • Interest earnings incorporated into operating fund balance SKD N jAt Operating Contributions by Population Member Jurisdiction Population Tier 2023 Contribution 2024 Contribution 2025 Contribution 2026 Contribution <10,000 $5,290 $6,084 $6,996 $8,045 10,001 — 35,000 $9,919 $11,407 $13,118 $15,085 35,001 — 65,000 $19,838 $22,814 $26,236 $30,172 65,000 —100,000 $34,385 $39,543 $45,474 $52,295 100,000+ $44,965 $51,710 $59,466 $68,386 #1, Population by City and Year SKHHP Member Jurisdictions Population (OFM 2021 estimate) Total: 83,950 Auburn KC: 73,901 Burien 53,290 Covington 20,890 Des Moines 32,820 Federal Way 99,590 Kent 132,400 Maple Valley Normandy Park 6,740 Renton 106,500 Tukwila 21,970 King County (unincorporated) Population (OFM 2022 estimate) Total: 88,750 KC: 78,690 52,490 21,200 33,160 101,800 137,900 28,920 6,790 107,500 22,620 248,160 Population Population (OFM 2023 estimate) (OFM 2024 estimate) Total: 88,820 KC: 78,760 52,560 21,600 33,260 102,000 Data not published 139,100 until June 28, 2024 29,250 6,840 107,900 22,780 249,060 SK:I: South King Mousing and Homelessness Partners leth Projected Budget 2024-2026 2024 2025 2026 Estimated beginning fund balance $ 394,534 $ 344,131 $ 285,588 REVENUES Auburn $ 39,543 $ 45,474 $ 52,295 Burien $ 22,814 $ 26,236 $ 30,171 Covington $ 11,407 $ 13,118 $ 15,086 Des Moines $ 11,407 $ 13,118 $ 15,086 Federal Way $ 51,710 $ 59,466 $ 68,386 Kent $ 51,710 $ 59,466 $ 68,386 Maple Valley $ 11,407 $ 13,118 $ 15,086 Normandy Park $ 6,084 $ 6,996 $ 8,045 Renton $ 51,710 $ 59,466 $ 68,386 SeaTac $ 10,456 $ 13,118 $ 15,086 Tukwila $ 11,407 $ 13,118 $ 15,086 King County $ 51,710 $ 59,466 $ 68,386 Additional King County $ 23,290 $ 15,534 $ 6,614 Interest earnings $ 2,100 Office space (in -kind donation) $ 12,000 $ 12,000 $ 12,000 TOTAL REVENUES $ 368,755 $ 409,694 $ 458,098 Spend down balance $ 50,403 $ 58,543 $ 40,285 TOTAL EXPENSES $ 419,158 $ 468,237 $ 498,383 SK:I: South King Mousing and Homelessness Partners DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS' 2025 WORK PLAN AND 2025 OPERATING BUDGET. WHEREAS, on February 21, 2019, the City of Tukwila entered into an Interlocal Agreement (ILA) with 8 other south King County cities and King County to form the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, pursuant to the Interlocal Agreement, each participating jurisdiction must approve an annual work plan each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement, each participating jurisdiction must approve SKHHP's annual budget that includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in -kind services; and WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance, and to implement the overarching SKHHP goals to work together and share resources to increase the available options for south King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2025 work plan includes four goals with corresponding action items that further SKHHP's mission; and WHEREAS, on April 19, 2024, the SKHHP Executive Board adopted Resolution No. 2024-02 enacting the 2025 SKHHP Work Plan and Operating Budget effective upon approval by the legislative body of each party; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 2024 Legislation: 2025 SKHHP Version: 05/6/2024 Staff: L. Humphrey Page 1 of 2 15 Section 1. The City Council adopts the 2025 South King Housing and Homelessness Partners Work Plan and 2025 Operating Budget, hereby incorporated by reference as "Attachment A." Section 2. The City of Tukwila will transmit its annual contribution to SKHHP during the first quarter of each calendar year. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Mohamed Abdi, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment A: South King Housing and Homelessness Partners Resolution No. 2024- 02, Adopting the 2025 SKHHP Work Plan and Operating Budget 2024 Legislation: 2025 SKHHP Version: 05/6/2024 Staff: L. Humphrey Page 2 of 2 16 RESOLUTION NO. 2024-02 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2025 SKHHP WORK PLAN AND OPERATING BUDGET WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves an annual work plan and budget each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in -kind services; and WHEREAS, upon adoption by the Executive Board, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, if a party does not approve the work plan or budget in a timely manner, the Executive Board may adopt the budget and work plan with a two-thirds majority vote; and WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance, and implement the overarching SKHHP mission to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2025 work plan includes four goals with corresponding action items that further SKHHP's mission. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the 2025 SKHHP Work Plan in Attachment A. Section 2. The Executive Board adopts the 2025 SKHHP Operating Budget in Attachment B. Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an annual basis during the first quarter of the calendar year. Section 4. This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction. Dated and signed this day of , 2024. NANCY BACKUS, CHAIR, SOUTH KING HOUSING AND HOMELESSNESS PARTNERS Resolution No. 2024-02 April 19, 2024 Page 1 of 7 17 RESOLUTION 2024-02 — ATTACHMENT A SKHHP 2025 WORK PLAN PURPOSE Establish a 2025 SKHHP work plan and budget that is guided by Executive Board priorities, is consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. BACKGROUND Established by an interlocal agreement, SKHHP jurisdictions work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. The 2025 SKHHP work plan builds on work done in previous years and was developed in collaboration with the Executive Board, Advisory Board, and staff work group. The work plan is organized into four goals with corresponding action items. Each action is identified by priority as follows: • Higher — Identified as higher priority by Executive Board or is necessary to carry out the Interlocal Agreements • Medium — Identified as mid -level priority • Lower — Identified as lower priority Quarterly budget and progress reports on the status of the work plan elements will be submitted to the SKHHP Executive Board and the legislative body of each member jurisdiction as follows: Quarter 1: May I Quarter 2: August I Quarter 3: November I Quarter 4: February In accordance with the Interlocal Agreement, the 2025 SKHHP work plan and budget will be approved by the SKHHP Executive Board and the legislative body of each member jurisdiction. SKHHP MISSION South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. GOALS & ACTIONS Goal Actions 1. Fund the expansion and preservation of affordable housing. 1 through 5 2. Develop policies to expand and preserve affordable housing. 6 through 10 3. Serve as an advocate for South King County. 11 through 15 4. Manage operations and administration. 16 through 20 Resolution No. 2024-02 April 19, 2024 Page 2 of 7 18 Goal 1 Fund the expansion and preservation of affordable housing. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 1. Pool resources from member cities for the Housing Capital Fund, including SHB 1406 funds, HB 1590 funds, and general funds. ••• 2. Develop and execute contract documents and covenants for projects ready to move forward (Burien Family Housing — 2022; Kent Multicultural Village — 2023; Skyway Affordable Housing and Early Learning Center — 2023). ••• 3. Facilitate approval from participating Councils of recommended projects from 2024 Housing Capital Fund funding round and preparing contract documents and covenants if any projects are ready to move forward. ••• 4. Manage 2025 Housing Capital Fund funding round including adopting annual guidelines, updating application materials, soliciting proposals, and facilitating project selection. ••• 5. Encourage investment in South King County by private investors, lenders, and philanthropies. •• Indicators o Number of housing units or number of projects funded with financial support from SKHHP o Number of housing units preserved with financial support from SKHHP o Total dollar amount pooled by member jurisdictions for Housing Capital Fund o Total dollar amount from new sources of revenue added to the Housing Capital Fund o Geographic diversity of applications received for annual Housing Capital Fund funding round Resolution No. 2024-02 April 19, 2024 Page 3 of 7 19 AtL Goal 2 Develop policies to expand and preserve affordable housing. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 6. Facilitate implementation of any subregional housing preservation strategies. ••• 7. Facilitate technical assistance and updates to the Affordable Housing Inventory Dashboard. ••• 8. Build relationships with developers to learn from their perspective the ways to encourage housing development, especially affordable housing. •• 9. Convene land use planners to increase coordination and collaboration on housing policy and planning. • 10. Develop SKHHP Executive Board briefings on key housing and homelessness topics, especially as they relate to the goals of the work plan. • Indicators o Number of subregional housing preservation strategies facilitated or supported o Successful update of data to the Affordable Housing Inventory Dashboard o Number of relationships built with developers o Number of Executive Board briefings on key housing and homelessness topics Resolution No. 2024-02 April 19, 2024 Page 4 of 7 20 • • • Goal 3 Serve as an advocate for South King County. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 11. Coordinate with the Advisory Board in collaboration with housing organizations and stakeholder groups to provide education and engagement opportunities for elected officials and community members. •• 12. Work collaboratively with public funders at the state and local levels to promote shared affordable housing goals and equitable geographic distribution of resources. • • 13. Represent SKHHP at relevant local and regional meetings and forums that help advance SKHHP's mission and provide a voice for increasing access to safe, healthy, and affordable housing in South King County. • 14. Meet with legislators as opportunities arise to inform about SKHHP's mission, goals, and the Housing Capital Fund. • 15. Connect affordable housing developers with property owners who intend to sell naturally occurring affordable housing in coordination with member cities. • Indicators o Number of events or engagement opportunities Advisory Board members organize or support o Number of meetings, forums, or events attended that advance SKHHP's mission o Number of meetings with legislators that promote SKHHP and South King County o Number of affordable housing developers connected with property owners intending to sell naturally occurring affordable housing Resolution No. 2024-02 April 19, 2024 Page 5of7 21 ER - NM Goal 4 Manage operations and administration. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 16. Develop annual work plan and budget. ••• 17. Generate and distribute quarterly progress reports to SKHHP Executive Board and member jurisdictions. ••• 18. Work with administering agency to maintain records and produce regular financial reports for the SKHHP Housing Capital Fund and SKHHP Operating Account. ••• 19. Organize and host monthly Executive and Advisory Board public meetings. ••• 20. Maintain and update the SKHHP website. •• Indicators o Work plan and budget adopted o Quarterly progress reports prepared and presented to Executive Board o Financial reports and public records maintained o Monthly Executive and Advisory Board meetings held o Website maintained Resolution No. 2024-02 April 19, 2024 Page 6 of 7 22 RESOLUTION 2024-02 — ATTACHMENT B 2025 SKHHP Operating Budget Estimated beginning fund balance - January 1, 2025 $ 344,131 Estimated ending fund balance - December 31, 2025 $ 285,588 REVENUES Auburn $ 45,474 Burien $ 26,236 Covington $ 13,118 Des Moines $ 13,118 Federal Way $ 59,466 Kent $ 59,466 Maple Valley $ 13,118 Normandy Park $ 6,996 Renton $ 59,466 SeaTac $ 13,118 Tukwila $ 13,118 King County* $ 59,466 Additional King County* $ 15,534 Office space (in -kind donation) $ 12,000 TOTAL REVENUES $ 409,694 Spend down balance $ 58,543 TOTAL $ 468,237 EXPENSES Salaries and benefits $ 320,611 Interfund IT $ 35,000 Advisory Board compensation $ 14,400 Office space (in -kind donation) $ 12,000 Professional services/Misc. $ 37,500 Travel $ 5,250 Supplies $ 2,000 Subtotal $ 426,761 Administering agency - 10% admin fee** $ 41,476 TOTAL $ 468,237 *King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner jurisdictions and the additional allocation decreasing to maintain a total contribution of $75,000 per year. **10% administrative fee is calculated as a percentage of operating costs which excludes in -kind donations and carry -forwards. Resolution No. 2024-02 April 19, 2024 Page 7 of 7 23 24 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Planning & Community Development Committee FROM: Laurel Humphrey, Legislative Analyst CC: Mayor McLeod DATE: May 1, 2024 SUBJECT: Cannabis Retail Zoning Considerations ISSUE The City Council requested a briefing on considerations regarding expanding zoning for cannabis retail establishments. BACKGROUND Initiative 502 passed in November 2012 and created a comprehensive regulatory approach on cannabis with state -licensed producers, processors and retailers. Initiative 502 received a yes vote in all but one Tukwila precinct. HB 2870 created a Marijuana Social Equity Program in 2020 to address historic racial inequity in enforcement of marijuana laws. In 2022 2SHB 1210 replaced all references to "marijuana" in state statutes and regulations with the word "cannabis." • On September 3, 2013, the City Council adopted Ordinance 2407 to implement Initiative 502, determining that cannabis retailers, producers and processors are permitted uses in Tukwila Valley South and Heavy Industrial Zones, subject to the 1,000-foot exclusion rule. • In 2015, 2SSB 5052 and HB 2136 allowed cities to reduce buffers from 1000 to 100 feet around all entities except elementary and secondary schools and public playgrounds. • In 2017, the City Council received two separate requests to expand permitted cannabis retail zones but denied both on February 13, 2017. • In September 2019, the Finance Committee discussed revenue and zoning considerations and decided against recommending any changes to the City Council at that time. • In June 2021, the Finance & Governance Committee discussed revenue potential and decided against recommending any changes to the City Council. DISCUSSION Zoning Currently, cannabis retail, production and processing are only permitted in the Tukwila Valley South and Heavy Industrial Zones. (Read more in the 8/26/13 staff report). Current Licenses Through the 1-502 rulemaking process, the Liquor and Cannabis Board adopted regulations on the number of retail store licenses for jurisdictions, determining a maximum of two for Tukwila. All cannabis licensing is regulated and enforced by the Washington State Liquor and Cannabis Board. There are currently active licenses for Tukwila's two retail allotments: Mount Baker Retail Partnership, LLC (12539 E Marginal way S) and Dash & Wrigley LLC (13003 Tukwila International Boulevard). Neither of these are operating. Licensed retailers are required to be open and operational, but licenses can be held without opening if they obtain a title certificate relieving them of the requirement to be open based on a moratorium, ban, or other zoning restriction, or if the business is temporarily discontinued while they move locations. 25 INFORMATIONAL MEMO Page 2 Sales and Excise Tax Revenue The state cannabis excise tax and its distribution has changed over time and can be altered in any future legislative session. The State currently taxes cannabis through a single excise tax of 37% at the time of retail sale, in addition to the regular state and local sales tax, and $30M of that revenue is shared with cities, towns and counties. There are two components to the distributions: 1) per capita share to all jurisdictions that allow the siting of producers, processors and retailers; 2) retail share to all jurisdictions where licensed retailers are physically located and in proportion to total statewide retail sales. Tukwila does not have any cannabis businesses and therefore does not receive sales - based revenue. Tukwila's per capita distribution has been: Year* Revenues 2023 36,302 2022 32,334 2021 24,013 2020 23,479 2019 23,123 2018 23,364 *State Fiscal Year: July 1 - June 30 Beyond the excise tax, cannabis retail operations would generate sales tax. For every $1 million in cannabis sales, the City could expect to receive $8,585 in sales tax revenue. Staff looked up average retail sales within 5-miles of a cannabis retailer in the Ikea District of Renton, and for Jan -December 2023 the average per store was $4.1 million. Hypothetically, if two retailers in Tukwila had combined yearly sales of $8M, the City would receive $68,680 of sales tax in addition to the increased excise revenue described above. It is difficult to estimate what Tukwila would receive for its tax share if the two state -issued licenses were active businesses. The excise tax formula depends not only on population but also on cannabis retail sales as a proportion of total retail sales, as well as the number/total population of cities and counties that prohibit marijuana. MRSC used to offer an estimate calculator but discontinued it due to complexity of the formula. While the revenue potential is difficult to predict, we can look to neighboring jurisdictions for insight, while recognizing that their larger residential populations result in greater shares than Tukwila would receive in similar circumstances. The chart below shows the 2023 cannabis excise revenue for neighboring cities with open retailers: City (number of locations) Population 2023 Cannabis Revenue* Burien (2) 50,216 $163,047 Auburn (4) 83, 757 $246,135 Des Moines (2) 32, 177 $123,131 Renton (4) 102,716 $295,597 *State Fiscal Year: July 1 - June 30 26 INFORMATIONAL MEMO Page 3 Crime & Safety around Retail Locations Cannabis stores are frequent targets for theft, typically in the form of armed robberies or smash and grab burglaries, due to federal banking restrictions that require them to do business primarily in cash. Congress has been working on the SAFER (Secure and Fair Enforcement Regulation) Banking Act which would address this issue, and has shown bipartisan support. In Washington State, a bill that would have added a 12-month sentence enhancement for smash and grab convictions was introduced but not passed in the most recent state legislative session. 40 35 30 25 20 15 10 5 0 Smash and Grab Burglaries, WA State Cannabis Stores 2017 2018 2019 2020 2021 2022 2023 Source: Uncle Ike's i502 Robbery Tracker The below table shows calls for service at certain retailers in nearby cities from 2019-2023. Auburn Burien Des Moines Renton Evergreen Market Lucid The Stash Box The Joint Kush 21 Greenside Buddy's Emerald Haze Evergreen Market North Evergreen Market South 2019 47 22 16 17 33 83 20 35 38 33 2020 36 39 20 19 44 78 13 40 17 36 2021 48 15 21 18 34 69 17 30 13 39 2022 56 14 16 21 36 52 20 28 12 30 2023 55 18 14 16 20 64 17 33 14 35 Through the code update process the City Council could consider establishing permitting requirements designed to address theft and crime concerns. RECOMMENDATION This is intended to provide a discussion opportunity for the Committee. If a majority of the City Council wishes to update the zoning for cannabis -related business, it is a significant work item that would require ordinance development, Planning Commission review, and a public outreach and hearing process. This could be added to the Department of Community Development work plan for the second half of 2025, following the adoption of the Comprehensive Plan and updated middle housing regulations. ATTACHMENTS Cannabis Excise Tax Excerpt from Revenue Guide for Washington Cities & Towns Map (distributed separately) 27 CANNABIS (MARIJUANA) EXCISE TAX Quick Summary • A portion of the state's cannabis excise tax is distributed to cities and counties depending on their cannabis policies. • Two separate components: Per capita share distributed to all cities and counties that do not prohibit cannabis businesses. Retail share distributed to cities and counties where cannabis retailers are located, in proportion to statewide cannabis revenues. • No clear guidance on use of revenues, but stated intent of 1-502 is that cannabis legalization will "[allow] law enforcement resources to be focused on violent and property crimes [and generate] new state and local tax revenue for education, health care, research, and substance abuse prevention." RCW: 69.50.540(2)(g) Initiative 502 (1-502), which was approved by voters in 2012, legalized recreational cannabis and authorized cannabis excise taxes. Cannabis excise taxes are imposed and collected by the State of Washington; as of 2022, the state imposes a 37% cannabis excise tax on the retail sale of cannabis, cannabis concentrates, and cannabis -infused products (RCW 69.50.535 and WAC 314-55-089). Cities and counties may not impose additional local excise taxes upon the sale of cannabis. However, the state shares some of the excise tax revenues with cities and counties, as mandated by 1-502.44 Beginning in 2022, counties receive a percentage of the excise tax revenues (after various deductions), which means these revenues will fluctuate with cannabis sales activity. Previously, the excise tax distributions were fixed by legislative appropriation. Cannabis excise tax distributions depend in significant part upon local cannabis policies and regulations. The regulatory approach that each county adopts, as well as the number of cannabis retailers located within each county's unincorporated areas, will determine whether the county receives any cannabis excise tax revenue (and how much). Eligibility and Distribution Formula There are two separate components to cannabis excise tax distributions: • Per capita share: Distributed on a strictly per capita (population) basis to all cities, towns, and counties that allow the siting of cannabis producers, processors, AND retailers. Any jurisdiction that prohibits cannabis producers, processors, OR retailers is not eligible. • Retail share: Distributed to all cities, towns, and counties where licensed cannabis retailers are physically located, and in proportional share to total statewide cannabis retail sales. For counties, the retail share only includes unincorporated areas only and does not include any retailers physically located in any city located within the county. 44 The intent of 1-502 states, among other things, that it will "[generate] new state and local tax revenue" [emphasis added], although it does not specify how the revenue will be shared with local governments or how much will be shared. Table of Contents 28 Revenue Guide for Washington Counties I NOVEMBER 2023 131 The different distribution formulas mean that some jurisdictions will receive both the per capita and retail distributions, while others may receive only one or the other, and some jurisdictions will receive neither. The chart below shows a few hypothetical scenarios to illustrate the differences. Hypothetical Cannabis Excise Tax Distribution Scenarios County allows cannabis production, processing, and retail and has at least one retailer located within the unincorporated area. County prohibits cannabis entirely and has no retailers located within the unincorporated area. County took no action to prohibit cannabis, but no cannabis retailers are located within the unincorporated area. County prohibits cannabis producers and processors but allows retailers and has at least one retailer located within the unincorporated area. County currently prohibits new cannabis businesses but has existing retailers within unincorporated areas that are grandfathered in. County prohibits cannabis retail and has no retailers within the unincorporated area but allows cannabis production and processing. Eligible for per capita share? Yes No Yes No No No Eligible for retail share? Yes No No Yes Yes No Each year by September 15, the LCB must provide the state treasurer with the annual distribution amount for each county and city. For the most recent legislative appropriations and distribution estimates, refer to our annual Budget Suggestions publication, released every year at the end of July. Use of Revenues The restrictions on the use of cannabis excise tax revenues are somewhat murky, as there is no clear statute stating how the funds must be used. However, the notes in RCW 69.50.540 reference RCW 69.50.101 and the stated intent of 1-502, which states that cannabis legalization will "[allow] law enforcement resources to be focused on violent and property crimes [and generate] new state and local tax revenue for education, health care, research, and substance abuse prevention." Timing of Receipts Payments are distributed quarterly on the last business day of March, June, September, and December. The State Treasurer's Office distributes both the "per capita" and "retail" shares together in one payment using the same BARS code. Table of Contents Revenue Guide for Washington Counties I NOVEMBER 2023 132 29 30