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HomeMy WebLinkAboutWS 2025-04-07 COMPLETE AGENDA PACKETTukwila City Council Agenda WORK SESSION  Thomas McLeod, Mayor Councilmembers:  Mohamed Abdi  Armen Papyan Marty Wine, City Administrator Jovita McConnell  Dennis Martinez Tosh Sharp, Council President Hannah Hedrick  Verna Seal ON-SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 70090635# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 Monday, April 7, 2025; 5:30 PM This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Remote Tukwila Council meetings are audio/video taped, and available at www.tukwilawa.gov) 1.CALL TO ORDER 2.PUBLIC COMMENT Those wishing to provide public comments may verbally address the City Council both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting date. Please clearly indicate that your message is for public comment during the meeting, and you will receive further instructions. 3.BUSINESS ITEMS Discussion on the Multi-Family Property Tax Exemption Program (MFTE). Derek Speck, Economic Development Administrator Pg. 1 4.ADJOURNMENT If you are in need of translation or interpretation services at a Council meeting, please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Derek Speck, Economic Development Administrator CC: Mayor McLeod DATE: April 1, 2025 SUBJECT: Multi-Family Property Tax Exemption (MFTE) Overview ISSUE This item is intended to provide an overview of the City’s multi-family property tax exemption program. BACKGROUND Multi-family property tax exemption (MFTE) programs are property tax waiver programs enacted by cities and counties to support local housing goals. Under Chapter 84.14 RCW, local governments can give property tax exemptions for new construction, conversion, and rehabilitation of multi-family residential improvements with at least four units. Under these exemptions, a property owner does not pay property taxes on the residential improvements for a given number of years which serves as an incentive to attract the development. The property owner still pays tax on the land and on non-residential improvements like the commercial portion of a mixed-use building. See attachment “What is MFTE?” for a brief overview of MFTE. The State allows an exemption of 8 years for all qualifying projects and up to 12 and 20 years if the project meets affordability requirements based on Area Median Income (AMI). See attachment “State Affordability Requirements” for detail on the minimum required criteria based on duration of exemption. DISCUSSION There are a number of benefits, costs, and other considerations a local government should consider when deciding whether to implement a MFTE program. It is a balance of achieving certain goals in exchange for accepting some potential drawbacks. Potential Benefits of MFTE Program 1.Supply of Housing: Our region has a shortage of housing and a city may simply want more multi-family housing for a variety of reasons. Some new multi-family developments may not occur without the exemption. 2.Housing Targets: The program could help a city meet its housing targets under the Growth Management Act. 3.New Affordable Housing: The program could be an incentive to developers to accept income and rent restrictions to achieve more affordable rental or ownership housing. 1 INFORMATIONAL MEMO Page 2 4.Rehabilitation of Existing Multi-family Housing . The program could subsidize renovations to existing multi-family housing to improve the quality of existing housing and accept rent and income restrictions. 5.Better Design: The program could be an incentive to developers to accept more expensive project designs such as structured parking. 6.Unit Type and Size: The program could be an incentive for developers to create residential units with more space or bedrooms. 7.Neighborhood Benefits: Multi -family housing can bring benefits to their surrounding neighborhood such as additional customers to support businesses, redeveloping properties that no longer conform to zoning or vision for that area (such as motels), attracting other development, concentrating development near transit, etc. Potential Costs of MFTE 1.Forgone Property Tax: Depending on the timing of the construction of the project, a city may receive less property tax during the exemption period. See attachment “City Tax Revenues for New Construction”. 2.Cost of City Services: With new construction, there will be more residents who need city services. Over time, a city’s cost to provide services may exceed the revenues from residential. State law allows the city’s property tax levy to be increased to reflect the assessed value of new construction but then property tax growth is limited to 1% annually. Due to inflation, the cost of city services is likely to grow faster than property tax. 3.Administrative Cost: It will take administrative time to adopt or revise the program, process applications, issue exemptions, monitor compliance, submit annual reports. The administrative time can be very significant to monitor affordability, especially affordable ownership. If the program includes affordability a City may need to hire or reallocate staff or contract with a service provider. Other Considerations 1.Tax Shift: Depending on the timing of the construction of the project, a city may still receive property tax during the exemption period. In this case, the tax is shifted to other property taxpayers in the city. See attachment “What is Tax Shift”. 2.Displacement: Depending on how a program is implemented, it can lead to displacement of residents or businesses. 3.Other Taxing Districts: The multi-family property tax exemption applies the exemption to property tax from all taxing districts that cover the qualifying project. 4.Adjacent City MFTE Programs: The cities around Tukwila have some form of a MFTE program. See attachment “Multi-Family Property Tax Exemption Programs”. 5.Sunset Clause: A City may want to limit the application period for a MFTE program so that it is used to stimulate development and the subsidy does not become a permanent necessity for development. Potential Criteria If a City implements a MFTE program, State law requires the city to determine eligible geographical areas (“residential targeted areas”). In addition to the State’s criteria for a project to qualify, the local government enacting the program may set additional criteria. Following are some examples. 2 INFORMATIONAL MEMO Page 3 1.Household Incomes and Affordability: The State allows exemptions up to 12 and 20 years if the project meets affordability requirements. See attachment “State Affordability Requirements” for detail on the minimum required criteria based on duration of exemption. Cities can adopt more stringent affordability requirements. However, developments that service populations below 60% of AMI are unlikely to need the MFTE because they would qualify for property tax exemptions under other State provisions. 2.Risk of Displacement: Cities can include criteria to avoid displacement or require the developer to provide relocation assistance in cases of displacement. 3.Rental or Ownership: Cities can include criteria related to either of these scenarios. 4.New Construction, Conversion, Rehabilitation: The City could include criteria related to any of these scenarios. 5.Design: The program could include criteria for the site or building design such as structured parking, number of bedrooms, number of units (minimum or maximum), mix of uses (e.g., retail, small business space, etc.) 6.Financial Necessity: In 2019 the State’s Legislative Auditor completed an analysis of the MFTE program across the state and was not able to conclude whether the exemptions resulted in a net increase in housing or affected the decision to develop. The Legislative Auditor recommended cities include financial analysis as a criteria. City of Tukwila’s MFTE Program The City of Tukwila first adopted an MFTE program in 2014. When first adopted, the program covered the Transit Oriented Development (TOD) portion of the Southcenter District and had a sunset clause for receiving applications until December 31, 2016. It’s been amended the following times: •In 2017 to extend the application deadline to December 31, 2017. •In 2021 to extend the application period to December 31, 2022 and require the units to be available to residents of all ages to promote workforce housing. •In 2023 to extend the application period to December 31, 2028 and expand the covered area to include all of the Southcenter District and Tukwila South. See attached map of “Southcenter Residential Targeted Area”. The following developments have been approved or are pending for the MFTE: 1.AirMark Apartments, 229 Andover Park East 2018 MFTE Effective Date, 8-Year Exemption. 2.Mariblu Southcenter (formerly Marvelle), 411 Baker Boulevard 2021 MFTE Effective Date, 8-Year Exemption) 3.Merrill Gardens (formerly Holden), 112 Andover Park East 2022 MFTE Effective Date, 8-Year Exemption 4.Prose Southcenter (under construction), 130 Andover Park East MFTE application pending 3 INFORMATIONAL MEMO Page 4 FINANCIAL IMPACT No impact because this item is discussion only. RECOMMENDATION Information Only. ATTACHMENTS What is MFTE? State Affordability Requirements City Tax Revenue for New Construction What is Tax Shift? Multifamily Property Tax Exemption Programs Map of Southcenter Residential Targeted Area 4 V3.0 SHORT GUIDE FOR COUNCILS AND STAKEHOLDERS What is MFTE? MFTE (Multifamily Housing Tax Exemption) programs are property tax waiver programs enacted by cities and counties to support local housing goals. Under Chapter 84.14 RCW, local governments can give exemptions for new construction, conversion, and rehabilitation of multifamily residential improvements with at least four units. Under these exemptions, a property owner does not have to pay property taxes on the residential improvements for a given number of years. The property owner still pays tax on the land and on non-residential improvements like the commercial portion of a mixed-use building. Advantages Cities and counties can give financial incentives to meet housing goals without the need for direct funding. This can support affordable housing but can also incentivize market-rate housing in a way that complies with state constitutional requirements. Requirements in state law can be flexible and let cities and counties tailor programs to meet policies. Some programs consider on-site improvements, building requirements, or mandates for services. MFTEs are commonly used by developers across Washington, who are often familiar with how they operate and how to use them with projects. Who Uses MFTE? As of 2022, 55 communities in Washington have active MFTE programs, and 19 communities issued final certificates in 2021. The exemptions issued in 2021 resulted in: • 67 new rental properties and 97 owner-occupied housing units • 7,759 new housing units, including 1,058 rent-restricted units for low- income households Recently, conditional certificates have also been issued for the 20- year MFTE for permanently affordable housing as well. Agency contact: Mary M. Reinbold, AICP SENIOR PLANNER Growth Management Services mary.reinbold@commerce.wa.gov Phone: 509.638.5449 We strengthen communities GROWTH MANAGEMENT SERVICES 5 WHAT IS MFTE? 2 Types of MFTE MFTE programs are usually divided according to the length of the program: For an 8-year MFTE program, there are no requirements for affordable housing, although some cities provide their own requirements. Many communities use this to promote market-rate housing construction in neighborhoods where new housing investment is needed. A 12-year MFTE program must set aside at least 20% of housing units for low- and moderate-income households. Under the statute, household income is based on Area Median Income (AMI), with households with incomes at 80% of AMI or less considered “low income”, and households at 115% of AMI or lower “moderate income”. This MFTE is used for providing affordable rental housing options, including choices in market-rate private housing projects. A 20-year MFTE program requires that 25% of units be sold as permanent affordable housing for households at 80% AMI or below, with a nonprofit or government agency sponsoring the sale and restrictions in place for resale to ensure long-term affordability. This is a new option implemented in 2021 and is intended to be used to encourage affordable housing homeownership. There is an option for permanent affordable rentals (20% of units for 99 years at 80% AMI or less) but a deadline for passing this program restricts new programs. Note that communities can also choose to impose higher affordability requirements and include other requirements for MFTE projects as well. Considerations MFTEs can result in either a loss of tax revenue to the community, or a tax shift where other property owners will pay more in taxes. MFTE programs require staff time to conduct regular monitoring, oversight, and reporting. Regular updates can be necessary to make sure the program provides a sufficient incentive to maximize public benefits. 6 City of Tukwila State Affordability Requirements For Multi-Family Property Tax Exemption 8 Years 12 Years 20 Years Rental Ownership Rental Ownership Minimum Set Aside % None 20% 20% 20% 25% Maximum Income % AMI None 80% - 115% 115% 80% 80% 1 Person Household None $75,440 $104,000 $75,440 $75,440 2 Person Household None $86,160 $119,000 $86,160 $86,160 3 Person Household None $96,960 $134,000 $96,960 $96,960 4 Person Household None $107,680 $149,000 $107,680 $107,680 Note: 1. The 20-year exemption requires affordability for 99 years and a non -profit or government agency sponsoring the transaction. The 20-year rental option may no longer be available. 2. AMI = Area Median Income. Most incomes shown above were based on Washington State Housing Finance Commission Income Limits effective 4/18/22. 3. Incomes for ownership and 12-year exemption were calculated by Economic Development staff. 7 City Tax Revenues for New Construction With Eight Year Multi-Family Property Tax Exemption The example estimates City revenue on a new $30 million development, if the project receives an eight year property tax exemption. Tax Revenues Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Property Taxes 3,750$ 3,788$ 3,825$ 3,864$ 3,902$ 3,941$ 3,981$ 4,021$ 4,061$ 95,008$ 95,958$ Utility Taxes - 7,200 7,416 7,638 7,868 8,104 8,347 8,597 8,855 9,121 9,394 Sales Tax on Construction 191,250 - - - - - - - - - - B&O on Construction 18,488 - - - - - - - - - - REET 7,500 - - - - - - - - 190,016 - Total 220,988$ 10,988$ 11,241$ 11,502$ 11,770$ 12,045$ 12,327$ 12,618$ 12,916$ 294,144$ 105,352$ Tax Shift/Forgone Revenue Property Taxes -$ 71,250$ 71,963$ 72,682$ 73,409$ 74,143$ 74,884$ 75,633$ 76,390$ -$ -$ Assumptions (1) Land value is $1.5 million (5% of total project cost). City property tax levy rate is $2.5 per thousand ($0.0025). Annual levy increases 1%. (2) New residents spend $100 per month for their utilities increasing 3% annually. City utility tax rate is 6%. (3) Construction starts and is completed in year 0. Property tax exemption starts in year 1. (4) City sales tax rate is $.0085. Taxable construction is $22.5 million (75% of the $30 million total project cost). (5) Real estate excise tax (REET) assumes a rate of 0.5% and that the property is sold in year 0 and year 9. (6) Property market value increases 3% annually. Notes (1) This example is a general estimate of a new 100 unit apartment building built over one level of parking. (2) The property taxes on the land would likely be paid even without the development or the exemption. (3) The additional residents may generate additional tax revenues for the city such as sales tax on their purchases. (4) The project may generate parks, fire, and transportation impact fees to be used for capital projects related to new development. (5) Tax Shift/Forgone Revenue shows the amount of property taxes that would either be shifted to other property taxpayers or would be revenue the city would not receive. It assumes $9 billion total assessed value. If fully shifted, the example project would increase property taxes on other properties by approximately $0.79 per $100,000 annually (approximately $5 for a $600,000 house). (6) This example only shows revenues. It does not show the city's costs of providing services to the new development. Office of Economic Development 2023-4-11 8 SHORT GUIDE FOR COUNCILS AND STAKEHOLDERS What is Tax Shift? MFTE (Multifamily Housing Tax Exemption) programs can be an effective way of incentivizing market-rate and affordable housing options. To understand how it works stakeholders often ask, "Where does the money come from to pay for the exemption?" This question can be hard to answer because of how property taxes work in Washington State. When making decisions about an MFTE program, it is important to consider possible tax and revenue impacts. Generally, these impacts can be distributed in two ways: Foregone tax revenues that are not collected, which reduce total revenues for a city and other taxing districts (e.g., the port, county, school district, state, etc.). A shift of tax obligations to all other payers of property taxes in these districts, where there is an increase in taxes collected to offset the losses from the exemption. How these costs are distributed depends on two things: Levy limits provided under RCW 84.55.010 mean that property tax levies are restricted to no more than a 1% increase in revenue from the assessed value from the previous year. This restricts how much cities and other districts can raise property taxes on these properties to make up this difference and can mean that deferred taxes will be foregone revenue for these jurisdictions. However, projects that receive MFTEs could still increase that total levy. Under WAC 458-12-342, county assessors must assess building value during construction and add it to these levy limits, which may not be removed from the total levy amount before the final certificate for exemption is received and the exemption begins. The amount of tax shift versus deferred revenue depends in part on the practices of the county assessor. However, there are currently no requirements for assessors to consider MFTE in these levy limits. If cities do not consider these effects, an MFTE can shift most or even all of the exempted tax obligations to other properties. What is MFTE? MFTE (Multifamily Housing Tax Exemption) programs are property tax waiver programs enacted by cities and counties to support local housing goals. Under Chapter 84.14 RCW, local governments can give exemptions for new construction, conversion, and rehabilitation of multifamily residential improvements with at least four units. These exemptions can be provided for different lengths. The eight-year exemption does not require affordable housing, but the 12- and 20-year options have additional requirements to provide on-site affordable units. Agency contact: Mary M. Reinbold, AICP SENIOR PLANNER Growth Management Services mary.reinbold@commerce.wa.gov Phone: 509.638.5449 We strengthen communities GROWTH MANAGEMENT SERVICES 9 Tax Shift Considerations If an MFTE is supported through tax shifts, there are some important policy considerations: Communities may be less likely to support incentives for market-rate development that use property tax increases, especially for high-end projects that do not seem to provide public benefits. Shifted tax obligations are not usually calculated, meaning that the full impacts of this program may not be transparent, especially to affected property owners. Depending on the popularity of the program, the total increases in property taxes could be equivalent in magnitude to affordable housing levies that would require voter approval and have tighter requirements (RCW 84.55.150). Foregone Revenue Considerations On the other hand, if a city foregoes tax revenue to support MFTEs, there may be other policy concerns: Communities will have reduced long-term tax revenues from the MFTE program, especially if they will be foregoing most or all of the exempted tax revenue. This can have a significant fiscal impact on local budgets. Other taxing districts may be impacted by tax exemptions but are not in a position under the statute to object to a community’s MFTE program. This can have some significant effects on special districts that cannot make up for this lost revenue in other ways. The total budget impacts may be more unpredictable, especially without limitations on the number of exemptions issued by the community. However, placing limits on the number and value of exemptions could affect the ability of the MFTE program to meet housing goals. 10 Multi-family Property Tax Exemption Programs Cities Adjacent to Tukwila The chart below provides a very basic comparison of multi-family property exemption programs in the cities that are adjacent to Tukwila. Burien Kent Renton SeaTac Seattle 8 Year Exemption Yes Yes Yes Yes No 12 Year Exemption Yes Yes Yes Yes Yes 20 Year Exemption No No Yes No Yes Geography Downtown commercial zone Portions of downtown and Midway Downtown, Rainier/Grady, South Lake Washington, Sunset Urban Center All areas zoned multi- family Additional Affordability Criteria No Yes Yes No Yes Additional Criteria Yes Yes Yes Yes Yes Displacement Protections Yes No No No No Relocation Assistance No No No No Yes Sunset No No Yes No No Certificates Issued in 2021 0 0 1 0 21 Certificates Issued in 2020 0 1 1 0 9 Certificates Issued in 2019 0 0 0 0 32 Notes: 1. The number of certificates issued data is taken from the annual reports on MFTE issued by the Washington State Department of Commerce. In 2019 through 2021 Tukwila issued three certificates. 2. Examples of additional criteria are larger units (more bedrooms), higher density (units per acre), larger developments (minimum number of units), public benefits, mixed-use structure, age of residents (55+), structured or underground parking, 24-hour onsite management, other financial subsidy programs, replacement of residential units, and more. 4/7/2023 11 N e l s e n Longacres 46 t h So u t h c e n t e r Strander 6 6 t h C h r i s t e n s e n Glacier I- 5 168th I-5 I-5 Baker Todd Segale Park D In d u s t r y I-405 6 1 s t Segal e P a r k C Corporate Corporate 156th Sp e r r y Tukwila An d o v e r Riverside I-40 5 Treck Evans Black 54th 61 s t MinklerBa u c h Southcenter I- 5 I- 5 Ca s c a d e 6 2 n d 168th C h r i s t e n s e n I-5 180th Oly m p i c Midland Costco Upland 6 5 t h I-405 Klicki t a t Oril l i a I- 5 I- 5 Triland Minkler Wig I-40 5 200th An d o v e r We s t V a l l e y Se g a l e P a r k B I-405 I - 4 0 5 Southcenter Mall 18 4 t h I - 5 I - 5 204th I- 5 City of Renton, Bureau of Land Management, Esri Canada, Esri, HERE, Garmin, INCREMENT P, USGS, METI/NASA, EPA, USDA Parcels Zoning Overlays City Limits TUC Streets TUC Zoning Pond Regional Center Transit Oriented Development Commercial Corridor Workplace 12