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HomeMy WebLinkAboutMulti-Family Property Tax Exemption for Targeted Areas (12/15/2003) CITY OF RENTON, WASHINGTON ORDNANCE NO. 5 0 h 1 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO ESTABLISH A PROPERTY TAX EXEMPTION INCENTIVE FOR THE DEVELOPMENT OF MULTI- FAMILY HOUSING IN TARGETED AREAS. WHEREAS, in 1995 the Washington State Legislature adopted Chapter 84.14 RCW, to encourage increased residential opportunities in cities required to plan under the Growth Management Act, by providing for special property tax valuations for eligible multi-family housing in targeted urban areas; and WHEREAS, Chapter 84.14 RCW, as amended, further authorized cities with a population of at least thirty thousand(30,000)to adopt procedures to implement the special property tax valuations;and WHEREAS, other cities throughout the state, including the City of Seattle and the City of Tacoma,have successfully used the incentives found in Chapter 84.14 RCW to encourage development of housing in targeted areas;and WHEREAS,in 1995 the Renton City Council adopted the Renton Comprehensive Plan, to implement the planning requirements of the Growth Management Act,RCW 36.70A; and WHEREAS,the City desires to assist in directing future population growth into the Center Downtown, Center Village and Urban Center North Comprehensive Plan designated areas,thereby reducing development pressures on single-family residential neighborhoods; and 1 441110 ORDINANCE NO. 5061 WHEREAS,the City desires to stimulate new construction of multi-family housing in the Center Downtown, Urban Center North and Center Village Comprehensive Plan designations to increase housing opportunities; and WHEREAS, on December 15, 2003,the Renton City Council held a public hearing to receive public comments regarding proposed designated"residential targeted areas"in the Center Downtown,Urban Center North and Center Village Comprehensive Plan designations for the purpose of allowing a limited property tax exemption for qualifying multi-family housing, pursuant to RCW 84.14.040(2);and WHEREAS,the Renton City Council desires to adopt procedures for the application for and approval of property tax incentives for qualifying multi-family housing within the "residential targeted areas;" NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Findings of Fact. A. The Center Downtown, Center Village and Urban Center North Comprehensive Plan designation areas are urban centers, as defined in RCW 84.14.010. B. The Center Downtown, Center Village and Urban Center Comprehensive Plan designation areas currently lack sufficient available, desirable, and convenient residential housing to meet the needs of the public who would be likely to live in the Center Downtown, Center Village and Urban Center North Comprehensive Plan designation areas if desirable, attractive and livable places to live were available. C. The provision of special property tax valuations within the Center Downtown, Center Village and Urban Center North Comprehensive Plan designation areas will encourage 2 ORDINANCE NO. 5 0 61 construction of new multi-family housing, and that provision of such additional housing opportunities in the Center Downtown, Center Village and Urban Center North Comprehensive Plan designation areas will assist in achieving the goals of the City's Comprehensive Plan and the parallel purposes set forth in RCW 84.14.007. D. The development of new residential units in the Center Downtown, Center Village and Urban Center North Comprehensive Plan designation areas will also assist in reducing development pressures on single-family residential neighborhoods. SECTION II. Designated Targeted Residential Areas. The City Council hereby designates the following"residential targeted areas"for the purpose of allowing a limited property tax exemption for qualifying multi-family housing, pursuant to RCW 84.14.040(4): the Center Downtown(CD) zone, Residential Multi-Family Urban Center(RM-U) zone, Residential Multi-Family Traditional(RM-T) zone and Urban Center North District 1 (UCN-1)zone and, within the Center Village Comprehensive Plan designation,the Center Suburban(CS)zone,Residential Multi-Family Suburban Center(RM-C) • zone and Residential 10 du/ac(R-10) zone. SECTION III. A new Section, 4-1-220,Property Tax Exemption for Multi- Family Housing in Residential Targeted Areas, of Chapter 1,Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington"is hereby added, to read as follows: 4-1-220 PROPERTY TAX EXEMPTION FOR MULTI-FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS A. Purpose: 3 %we 120 ORDINANCE NO. 5 0 61 ` As provided for in RCW 84.14,the purpose of this Section is to provide limited,ten(10) year exemptions from ad valorem property taxation for qualified new multi-family housing located in designated residential targeted areas. B. Definitions: In construing the provisions of this Section,the following defmitions shall be applied: 1. "Administrator"means the Administrator of the Renton Economic Development, Neighborhoods and Strategic Planning Department,or any other City office, department or agency that shall succeed to its functions with respect to this Section, or his or her authorized designee. 2. "Multi-family housing"means one or more new buildings designed for permanent residential occupancy, each with four(4)or more dwelling units. 3. "Permanent residential occupancy" means multi-family housing that provides either owner occupancy or rental accommodation on a nontransient basis. This definition includes rental accommodation that is leased for a period of at least one(1)month but excludes, for example, hotels and motels that predominately offer rental accommodation on a daily or weekly basis. C. Tax Exemption: 1. Duration of Exemption: The value of improvements qualifying under RMC 4-1- 220.D is exempt from ad valorem property taxation for ten(10) successive years beginning January l st of the year immediately following the calendar year of issuance of the final certificate of tax exemption. 2. Limits on Exemption: The exemption does not apply to the value of land or to the value of nonhousing-related improvements not qualifying under RMC 4-1-220.D,nor does the 4 ORDINANCE NO. 5061 exemption apply to increases in assessed valuation of land and nonqualifying improvements. This Section also does not apply to increases in assessed valuation made by the county assessor on nonqualifying portions of building and value of land,nor to increases made by lawful order of a county board of equalization,the Department of Revenue,or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. D. Project Eligibility: To qualify for exemption from property taxation under this Section,the project must satisfy all of the following requirements: 1. Location: The property must be located in one of the following designated "residential targeted areas": (i) Within the Center Village Comprehensive Plan designation and in one of the following: the Center Suburban(CS) zone, the Residential Multi-Family Suburban Center(RM-C) zone, or the Residential 10 dwelling units/acre (R-10)zone; or (ii) in the Center Downtown(CD)zone,Residential Multi-Family Urban Center (RM-U) zone, • Residential Multi-Family Traditional(RM-T) zone, or Urban Center North District 1 (UCN-1) zone. If a part of any legal lot is within a residential targeted area,then the entire lot shall be deemed to lie within the residential targeted area. 2. Size and Structure: a. If the project is located in the Residential Multi-Family Urban Center (RM-U)zone or Residential Multi-Family Traditional(RM-T) zone or within the Center Village Comprehensive Plan designation and in either the Residential Multi-Family Suburban Center (RM-C)zone or the Residential 10 du/ac(R-10) zone,the project must (i) consist of a minimum total of ten(10)new dwelling units of multi-family housing, and (ii) be located within a new 5 4mile `tie ORDINANCE NO. 5 0 61 residential structure(s)or a new mixed use development as allowed by the RMC for the specific zone. At least fifty(50)percent of the space within the project shall be intended for permanent residential occupancy. b. If the project is located in the Center Downtown(CD) zone or Urban Center North District 1 (UCN-1) zone or,within the Center Village Comprehensive Plan designation and in the Center Suburban(CS) zone,the project must (i)consist of a minimum total of thirty(30)new dwelling units of multi-family housing and(ii)be located in a new mixed-use development, unless otherwise waived by the Administrator. If the Administrator waives the mixed-use development requirement,the multi-family housing must be located in a new residential structure(s). At least fifty(50)percent of the space within the project shall be intended for permanent residential occupancy. 3. Special Design Regulations for Projects Located in the Center Village Comprehensive Plan Designation: a. If the project is located in the Center Suburban(CS) zone or Residential Multi-Family Suburban Center(RM-C)zone within the Center Village Comprehensive Plan designation,the project must also comply with the design standards and guidelines in RMC 4-3- 100 for District 'C', even though the project is not located in the Urban Center North Comprehensive Plan designation, unless otherwise waived by the Administrator. b. If the project is located in the Residential 10 dwelling units/acre(R-10) zone within the Center Village Comprehensive Plan designation,the project must also comply with the design standards and guidelines in RMC 4-3-100 for District `B,' even though the project is not located in the Residential Multi-Family Traditional(RM-T)zone,unless otherwise waived by the Administrator. If the project is located in the Suburban and Neighborhood Center 6 ORDINANCE NO. 5 0 61 Residential District described in RMC 4-30-095,the project must also comply with the provisions therein. 4. Exception for Existing Residential Structure:. In the case of an existing occupied residential structure that is proposed for demolition and redevelopment as new multi- family housing, the project must replace the existing number of dwelling units and provide for a minimum of four additional dwelling units in the new multi-family housing project. An existing residential rental structure that has been vacant for twelve (12)months or more prior to demolition does not have to provide additional dwelling units. 5. Completion Deadline: The project must be completed within three (3)years from the date of approval of the contract by the City Council as provided in RMC 4-1-220.F.2 or by any extended deadline granted by the Administrator as provided in RMC 4-1-220.I. E. Application Procedure: 1. Form: The owner of property applying for exemption under this Section shall submit an application to the Administrator on a form established by the Administrator. The owner shall verify the correctness of the information contained in the application by his/her signature and affirmation made under penalty of perjury under the laws of the State of Washington. The application shall contain such information as the Administrator may deem necessary or useful,which at a minimum shall include: a. A completed City application form, including information setting forth the grounds for tax exemption. b. A brief written description of the project, and schematic site and floor plans of the multi-family dwelling units and the structure(s) in which they are proposed to be located; 7 ORDINANCE NO. 5 0 61 c. Floor and site plans of the proposed project, which plans may be revised by the owner provided such revisions are made and presented to the Administrator prior to the City's final action on the exemption application; d. A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption under this Section; 2. Fee: At the time of initial application under this Section, the owner shall pay to the City an initial application fee of five hundred dollars($500). 3. Deadline: The application shall be submitted prior to the issuance of the building permit for the project. The Administrator shall approve or deny an exemption application within ninety(90) days of receipt of a complete application. F. Application Approval: 1. Approval: The Administrator may approve an application if he or she finds that: a. The owner has complied with all of the requirements of this Section, including but not limited to the project eligibility requirements contained in RMC 4-1-220.D and the application requirements contained in RMC 4-1-220.E;and b. The proposed project is or will be, at the time of completion, in conformance with all approved plans, and all applicable requirements of the Renton Municipal Code or other applicable requirements or regulations in effect at the time the application is approved. 2. Contract Required: If the application is approved, the owner shall enter into a contract with the City, approved by the City Council, regarding the terms and conditions of the project under this Section. 8 ORDINANCE NO. 5 0 61 3. Issuance of Conditional Certificate: Following Council approval of the contract, the Administrator shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3)years from the date of Council approval of the contract unless an extension is granted as provided in RMC 4-1-220.I. G. Application Denial: 1. Denial: The Administrator shall deny an application if the criteria in RMC 4-1- 220.F.1 are not met. The Administrator shall state in writing the reasons for the denial and send notice of denial to the owner's last known address within ten(10) days of the denial. 2. Appeal: An owner may appeal a denial of a tax exemption application to the City Council by filing a notice of appeal with the City Clerk within thirty(30) calendar days of receipt of notice of the denial. The appeal before the City Council shall be based upon the record before the Administrator,and the Administrator's decision will be upheld unless the owner can show that there is no substantial evidence on the record to support the Administrator's decision. The City Council's decision on appeal is final. H. Amendment of Contract: An owner may request an amendment(s)to the contract by submitting a request in writing to the Administrator,together with a fee of two hundred fifty dollars($250), at any time within three(3)years of the date of the approval of the contract as provided for in RMC 4-1-220.G.2. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension set forth in RMC 4-1-220.I are met. I. Extension of Conditional Certificate: 1. Application: The conditional certificate may be extended by the Administrator for a period not to exceed twenty-four(24)consecutive months. The owner shall submit a written 9 Itior ORDINANCE NO. 5061 request stating the grounds for the extension together with a fee of two hundred fifty dollars ($250). 2. Approval: The Administrator may grant an extension if the Administrator finds that: a. The anticipated failure to complete construction within the required time period is due to circumstances beyond the control of the owner; b. The owner has been acting, and could reasonably be expected to continue to act, in good faith and with due diligence; and c. All the conditions of the original contract between the owner and the City will be satisfied upon completion of the project. 2. Denial—Appeal: If an extension is denied, the Administrator shall state in writing the reason for denial and shall send notice to the owner's last known address within ten (10) calendar days of the denial. An owner may appeal the denial of an extension to the Hearing Examiner by filing a notice of appeal with the City Clerk within fourteen(14) calendar days after issuance of the notice of the denial. The appeal before the Hearing Examiner shall follow the provisions of RMC 4-8-110.E. The owner may appeal the Hearing Examiner's decision to the King County Superior Court according to the procedures contained in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.090(6),within thirty(30) days of notification by the City to the owner of the decision. J. Final Certificate: 1. Application: Upon completion of the construction as provided in the contract between the owner and the City, and upon issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, the owner may request a 10 *".°1 ORDINANCE NO. 5 0 61 .... fmal certificate of tax exemption. The owner shall pay a fee of two hundred fifty dollars($250) and file with the Administrator such information as the Administrator may deem necessary or useful to evaluate eligibility for the final certificate,which shall at a minimum include: a. A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire property; b. A description of the completed work and a statement of qualification for the exemption; and c. A statement that the work was completed within the required three (3) year period or any approved extension. 2. Determination: Within thirty(30) days of receipt of all materials required for a fmal certificate,the Administrator shall determine whether the completed work is consistent with the contract between the City and owner,whether all or a portion of the completed work is qualified for exemption under this Section and, if so, which specific improvements satisfy the requirements of this Section. 3. Filing with County Assessor: For projects that comply with the requirements of RMC 4-1-220.J.1,the City shall file a final certificate of tax exemption with the county assessor within ten days of the expiration of the 30-day period provided in the prior subsection. 4. Recording: The Administrator is authorized to cause to be recorded, at the owner's expense, in the real property records of the King County Department of Records and Elections,the contract with the City required under RMC 4-1-220.F.2, as amended under RMC 4-1-220.H, if applicable, and/or such other document(s) as will identify such terms and conditions of eligibility for exemption under this Section as the Administrator deems appropriate for recording. 11 ORDINANCE NO. 5 0 61 5. Denial: The Administrator shall notify the owner in writing that the City will not file a final certificate if: (i)the Administrator determines that the project was not completed within the required three(3)year period or any approved extension, or was not completed in accordance with the contract between the owner and the City and the requirements of this Section, or the owner's property is otherwise not qualified for the limited exemption under this Section;or(ii)the owner and Administrator cannot come to an agreement on the allocation of the value of the improvements allocated to the exempt portion of the project. 6. Appeal: The owner may appeal the Administrator's decision to the Hearing Examiner by filing a notice of appeal with the City Clerk within fourteen(14) calendar days after issuance of the notice of the denial. The appeal before the Hearing Examiner shall follow the provisions for appeal contained in RMC 4-8-110.E. The owner may appeal the Hearing Examiner's decision to the King County Superior Court according to the procedures contained in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.090(6),within thirty(30) days of notification by the City to the owner of the decision. K. Annual Certification: Within thirty(30) days after the first anniversary of the date the City filed the final certificate of tax exemption and each year thereafter, for a period of ten(10)years,the property owner shall file a certification with the Administrator,verified upon signed affirmation under penalty of perjury under the laws of the State of Washington. Failure to submit the annual certification may result in cancellation of the tax exemption. The certification shall contain such information as the Administrator may deem necessary or useful, and shall at a minimum include the following information: 12 • • '1410' ORDINANCE NO. 5 0 61 a. A statement of occupancy and vacancy of the multi-family dwelling units during the previous year; b. A certification that the property has not changed use since the date of filing of the final certificate of tax exemption, and continues to be in compliance with the contract with the City and the requirements of this Section; and c. A description of any improvements or changes to the property made after the filing of the final certificate or most recent certification, as applicable. L. Cancellation of Tax Exemption: 1. Cancellation: If at any time the Administrator determines that: (i)the property no longer complies with the terms of the contract or with the requirements of this Section; (ii)the use of the property is changed or will be changed to a use that is other than residential; (iii)the project violates applicable zoning requirements, land use regulations or building code requirements;or(iv)the property for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. Upon determining that a tax exemption shall be canceled,the Administrator shall notify the property owner by certified mail, return receipt requested. 2. Appeal: The property owner may appeal the determination by filing a notice of appeal with the City Clerk, within thirty(30) days after issuance of the decision by the Administrator, specifying the factual and legal basis for the appeal. The appeal before the Hearing Examiner shall follow the procedures set forth in RMC 4-8-110.E. At the appeal hearing, all affected parties may be heard and all competent evidence received. The Hearing Examiner shall affirm, modify, or repeal the decision to cancel the exemption based on the evidence received. The Hearing Examiner shall give substantial weight to the Administrator's 13 4416, NNW ORDINANCE NO. 5 0 61 decision to cancel the exemption, and the burden of proof and the burden of overcoming the weight accorded to the Administrator's decision shall be upon the appellant. An aggrieved party may appeal the Hearing Examiner's decision to the King County Superior Court in accordance with the procedures in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.110(2), within thirty(30) days after issuance of the decision of the Hearing Examiner. 3. Change of Use: If the owner intends to convert the multi-family housing to another use,the owner must notify the Administrator and the County assessor within sixty(60) days of the change in use. Upon such change in use,the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. M. Sunset of Exemption for Applications for Conditional Certificates: The City shall not accept new applications for conditional certificates as provided in RMC 4-1-220.E after December 31, 2006,unless extended by City Council action. Incomplete applications for conditional certificates as of December 31,2006, shall be returned to owners. Notwithstanding the above,the City shall process(i) pending complete applications for a conditional certificate as of December 31, 2006, and(ii) applications for an extension of the conditional certificate and/or a final certificate received after December 31, 2006, as provided in this Section under Sections RMC 4-1-220.D through RMC 4-1-220.J. Sections RMC 4-1-220.0 and RMC 4-1-220.J through RMC 4-1-220.L shall continue to apply to all properties that have been or are issued a final certificate of tax exemption under this Section until expiration, termination or cancellation of the tax exemption. SECTION IV. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section,or portion of this ordinance or the 14 ORDINANCE NO. 5 061 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION V. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION VI. Effective Date. This ordinance shall be effective upon its passage, approval, and five (5) days after its publication. PASSED BY THE CITY COUNCIL this 22nd day of December , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 2 2nd day of December , 2003. 4 Jesse T.`(er, Mayor Ap ved as to form: Lawrence J. Warren, City Attorney Date of Publication: 12/26/2003 (summary) ORD.1 088:12/8/03:ma 15 04r4owa>iorx UHf 1If; 1tj o yG La A�gGoa"'i1ifluI1 �" oisb U›.. > qfg:-4: ° I!CZ cE O P.� >... o c > z • a> a'x 10o G z q p q m a �U �. U q d a) a to, > �'b L. ',lg.Oco ODN� O ° ai cd as o gow 3 c A a) '-o cca c. ro c. o-Z aa) a ° q cod c°., o os�� . qco a m U .a U a) O a a5 f, a>.-. a) N F•..y, O .n m o�] 0 a) �U� a) k,� +'(s.Arr. o a gfs.g0-5p ., o•m. w a> cy qU d ` m .�.cci� 0.iA q 'n.4 b °° w a�. a'�; N 3• '�• �"b aai aqi Z b y..0 o a o O q d �q b q`O� d. as_ �° as �t o m a .4 3 >, c..a o 5 a a C o pq c-)o d oa'-'12 -F. w''w o a gEl'.5p'4 � a r.oU > Uz y o F (A a a."oa. y m m a4 [ yu 4 a cy" 0 m ao �y A y 3 a c. 43 •^N.b a.�.4a 4w yU a. P m'b4 o y'.: U 0 a_, a .- aO OQ+cl o,.,;„ to .8au. a`siy� � 'ca"rofY. o `��cvaaim4_, 11gn'-' da � m•r,a> m wca> P+ �'� aroo yo [yy��4+~.q.a c6. 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C .= M Q �" E I c o s o °J o a ° y c 3 oo a) o c Q Q a - ti - o c v •7, -o ' ..a `4- � t Z S a o >, c o c o - o ' ;u o0 cA Q _ c • o ti • o _ c ° �� A. o % o o Z pa A °' — o a c Z c 71 zQ o a c - o O s G .O w a ai c ' o o a 0- ,: a4 c El o 0 C..) c/D H -o a 3 H o a. .-1 .-a cn H Z Q U December 22,2003 New' Renton City Council Minutes Page 482 Resolution#3681 A resolution was read authorizing the Mayor and City Clerk to enter into an Utility: Soos Creek Water& interlocal agreement with the Soos Creek Water and Sewer District to modify Sewer Boundary Agreement the interlocal agreements between the City and Soos Creek Water and Sewer Addendum District related to the establishment of service boundaries. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#5060 An ordinance was read adopting the 2003 amendments to the zoning Zoning: 2003 Annual Update classifications of properties located within the City of Renton. MOVED BY of Zoning Book&Wall Map BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5061 An ordinance was read amending Chapter 1, Administration and Enforcement, Planning: Multi-Family of Title IV(Development Regulations)of City Code to establish a property tax Property Tax Exemption exemption incentive for the development of multi-family housing in targeted areas. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Development Services: Real Councilwoman Briere explained that due to concerns from the property rental Estate Sign Code Amendments community, second reading of the ordinance regarding the real estate sign code amendments will be postponed until 1/12/2004. NEW BUSINESS MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL SET A Council: Special Meeting, SPECIAL MEETING ON 1/05/2004 AT 6:30 P.M. FOR THE PURPOSE OF Swearing-In of Elected SWEARING-IN THE NEW ELECTED OFFICIALS. CARRIED. Officials Council: Outgoing Describing how overwhelmed he was as a newly elected Councilmember in Councilmember Comments 1996, Councilman Parker indicated that he soon understood the government (Parker) process and learned to work within it. He stated that the job has been challenging and rewarding,and expressed his gratitude for having had the opportunity to serve his community in this way. Councilman Parker commended City of Renton staff, Administration, and fellow Councilmembers for working very hard to do their best for the community. Additionally, he thanked his wife for all of her support. Councilmembers expressed their appreciation to Mayor Tanner and Councilman Parker for their many years of service to the Renton community. ADJOURNMENT MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:44 p.m. ^ r &a BONNIE L WALTON,City Clerk Recorder: Michele Neumann December 22, 2003 December 15,2003 `"" Renton City Council Minutes *✓ Page 471 Zoning: 2003 Annual Update An ordinance was read adopting the 2003 amendments to the zoning of Zoning Book&Wall Map classifications of properties located within the City of Renton. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/22/2003. CARRIED. Planning: Multi-Family An ordinance was read amending Chapter 1, Administration and Enforcement, Property Tax Exemption of Title IV(Development Regulations)of City Code to establish a property tax exemption incentive for the development of multi-family housing in targeted areas. MOVED BY BRIERE, SECONDED BY CLAWSON,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/22/2003. CARRIED. Development Services: Real An ordinance was read amending Chapter 1, Administration and Enforcement; Estate Sign Code Amendments Chapter 4, Citywide Property Development Standards; and Chapter 11, Definitions; of Title IV(Development Regulations) of City Code regarding real estate signs. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/22/2003. CARRIED. Planning: Downtown Core An ordinance was read amending Section 4-4-080, of Chapter 4, Citywide Off-Street Parking Property Development Standards, of Title IV (Development Regulations)of Requirements City Code by creating parking standards for development in the downtown core. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/22/2003. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#5049 An ordinance was read providing for the 2003 year-end Budget adjustments in Budget: 2003 Year-End the total amount of$9,176,407. MOVED BY PARKER, SECONDED BY Adjustments CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5050 An ordinance was read adopting the annual City of Renton Budget for the year Budget: 2004 Annual City of 2004 in the total amount of$146,500,500. MOVED BY PARKER, Renton SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5051 An ordinance was read increasing the 2004 athletic field light fees. MOVED Community Services: Athletic BY PARKER, SECONDED BY NELSON, COUNCIL ADOPT THE Field Light Fees ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5052 An ordinance was read increasing the 2004 boat launch fees at Gene Coulon Community Services: Gene Memorial Beach Park. MOVED BY PARKER, SECONDED BY NELSON, Coulon Park Boat Launch Fees COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5053 An ordinance was read amending Chapter 5-1, Fee Schedule, of Title V Community Services: Henry (Finance and Business Regulations)of City Code by setting the admission fees Moses Aquatic Center Fees for the Henry Moses Aquatic Center. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. December 15,2003 err Renton City Council Minutes Page 470 • Transportation (Aviation)Committee: Marcie Palmer, Chair; Randy Corman, Vice Chair; Terri Briere, Member. Utilities Committee: Dan Clawson, Chair; Terri Briere, Vice Chair; Marcie Palmer,Member. MOVED BY PERSSON, SECONDED BY BRIERE,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Parker presented a report recommending approval of Finance: Vouchers Claim Vouchers 221648 -222156 and two wire transfers totaling $3,882,436.65; and approval of Payroll Vouchers 47838 -48179,one wire transfer and 573 direct deposits totaling$1,888,261.51. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilman Corman expressed his appreciation for Councilman Parker's work on the Finance Committee, which he has chaired for the past five years. Planning &Development Planning and Development Committee Chair Briere presented a report Committee recommending concurrence in the recommendation of staff that Council adopt Planning: Multi-Family an ordinance to establish the property tax exemption for multi-family housing Property Tax Exemption in residential targeted areas in the Urban Center-North, Center Downtown, and Center Village Comprehensive Plan designation areas. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 471 for ordinance.) ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution#3676 A resolution was read authorizing the Mayor and City Clerk to enter into an Planning: Airport Compatible interlocal cooperative agreement with the Washington State Department of Land Use&UC-N Community,Trade and Economic Development for managing a$45,000 grant Designation, CTED Grant to complete the Airport Compatible Land Use Program and the development standards for implementation of the Urban Center-North mixed use development Comprehensive Plan amendments. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3677 A resolution was read declaring a moratorium on the development of surface Planning: Primary Use Surface parking lots as a primary use,establishing a public hearing date of 1/12/2004, Parking Lots Development and establishing a termination date for the moratorium of 6/15/2004. MOVED Moratorium BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3678 A resolution was read authorizing the Mayor and City Clerk to enter into an EDNSP: Regional Affordable interlocal cooperative agreement with King County regarding the distribution Housing Program(SHB 2060) of funds under the Regional Affordable Housing Program. MOVED BY Funds), King County NELSON, SECONDED BY PARKER,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 12/22/2003 for second and final reading: W" PLANNING AND DEVELOPMENT COMMITTEE czT ' r� L COMMITTEE REPORT December 15,2003 Date /a/S-e'�dD3 Adopt an ordinance to establish a Property Tax Exemption for Multi-Family Housing in Residential Targeted Areas (Referred December 1, 2003) The Planning and Development Committee recommends concurrence in staff's recommendation that Council adopt an ordinance to establish the Property Tax Exemption for Multi-Family Housing in Residential Targeted Areas in the Urban Center North, Center Downtown and Center Village Comprehensive Plan designation areas. The Committee further recommends that the ordinance regarding this matter be presented for first reading. \4(114` Terri Brier ,, Chair Da aws Vice Ch ' in er, Member cc: Alex Pietsch Victoria Runkle Gregg Zimmerman Neil Watts Derek Todd Multi-Family Property Tax Exemption-Committee Report 12-15-03\ December 15,2003 AMP' Renton City Council Minutes `� Page 465 units per net acre)zoning is proposed. Regarding the fiscal impact of the proposed annexation,he reported that the City will realize a surplus of$44,018 at full development, assuming an increase to 59 single-family homes and an assessed home valuation of$300,000. He also noted the one-time estimated expense of$63,000 for the acquisition and development of parks. Mr. Erickson concluded by stating that the proposed annexation will further City business goals, is consistent with City policies for annexation, and meets Boundary Review Board objectives. Public comment was invited. Keith and Kristine Childs, 12004 148th Ave. SE, 98059, objected to the annexation of their property to the City of Renton for the following reasons: the costs associated with hooking-up to Renton's sewer service,paying for unwanted City amenities such as libraries and parks, and the increase in density. Jon Newman, 8070 Langston Rd. S., Seattle, 98178, stated that his family owns 1.93 acres in the proposed annexation area, and expressed his support for the annexation. There being no further public comment, it was MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL: ACCEPT THE 10% NOTICE OF INTENT TO ANNEX PETITION,AUTHORIZE CIRCULATION OF THE 50% PETITION TO ANNEX,REQUIRE THE ADOPTION OF CITY ZONING ON THE PROPERTY CONSISTENT WITH THE COMPREHENSIVE PLAN,AND REQUIRE THAT PROPERTY OWNERS ASSUME A PROPORTIONAL SHARE OF THE CITY'S BONDED INDEBTEDNESS. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and published in Planning: Multi-Family accordance with local and State laws, Mayor Tanner opened the public hearing Property Tax Exempin to consider the designation of residential targeted areas for Washington State's multi-family property tax exemption provided for under RCW(Revised Code of Washington) 84.14. Mark Santos-Johnson, Economic Development Specialist, explained that utilizing Washington State's property tax exemption means eligible multi- family housing projects such as apartments or condominiums would be able to receive a partial property tax exemption for up to ten years as an added financial incentive for developers to create multi-family housing projects. The tax exemption applies to the value of qualified new housing construction after completion, but does not apply to the value of the land, any existing improvements, or any non-housing related improvements. Mr. Santos-Johnson stated that the tax exemption also applies to all levels of the ad valorem property tax, including city,county, state, and local taxing districts; and for projects in Renton, this amounts to$11.10 per$1,000 of assessed value for 2003. He added that the value of the property tax exemption will vary greatly depending on the nature,quality, and costs of each multi-family housing project. Mr. Santos-Johnson reviewed the proposed residential targeted areas for the tax exemption as follows: December 15,2003 Renton City Council Minutes Page 466 • The Center Downtown(CD),Residential Multi-Family Urban Center(RM- U),and Residential Multi-Family Traditional(RM-T) zones in the Center Downtown Comprehensive Plan designation; • The Urban Center-North District 1 (UC-N 1)zone in the Urban Center- North Comprehensive Plan designation; and • The Center Suburban(CS), Residential Multi-Family Suburban Center (RM-C),and Residential-ten dwelling units per acre (R-10)zones in the Center Village Comprehensive Plan designations. Continuing,Mr. Santos-Johnson explained that eligible projects must be located in designated targeted areas; must be new construction rental or owner- occupied multi-family housing with four or more housing units in each building; must have a minimum number of housing units (minimum of 10 units in lower density zones and minimum of 30 units in higher density zones); must be mixed-used if located in the CD or UC-N 1 zones, or in the CS zone within the Center Village Comprehensive Plan designation; and must comply with urban center overlay design standards and guidelines. Mr. Santos-Johnson described the process applicants must undergo to receive the property tax exemption, and he reviewed the proposed application fees. In conclusion,he recommended Council adopt the designated residential targeted areas for the proposed property tax exemption for eligible multi-family housing projects, noting that the proposed ordinance includes a provision that projects will not be accepted after 12/31/2006 unless otherwise extended by the City Council. In response to Councilman Clawson's inquiry,Mr. Santos-Johnson confirmed that if an applicant's project resides in a targeted area and meets the eligibility requirements,the applicant is entitled to the property tax exemption. He noted that the Economic Development Administrator is responsible for overseeing the application process, and Council reviews and has final say for each project. Councilmembers Clawson, Briere, and Corman expressed their support for the tax exemption,noting that it will aid in drawing more people to live in the downtown area, encourage new construction, and benefit the contractors. Responding to Council comments,Economic Development, Neighborhoods and Strategic Planning Administrator Alex Pietsch pointed out that several multi- family housing projects in the downtown area have been proposed, but for various reasons have not moved forward. He indicated that the property tax exemption may stimulate those projects. In response to Council President Keolker-Wheeler's inquiry regarding assessing tax on mixed-use projects,Mr. Santos-Johnson explained that for the final application, applicants are required to submit a variety of reports including a break down of their costs to separate the difference between qualified housing improvements and non-housing or mixed-use commercial uses. King County would use that information for determining the value of the exempted property. Public comment was invited. There being none, it was MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 470 for Planning&Development Committee report.) WNW (�Y Nrc City of Renton PUBLIC HEARING HANDOUT December 15, 2003 APPLICATION NAME: Designation of residential targeted areas for a potential limited property tax exemption for eligible multi-family housing projects. PROJECT DESCRIPTION: The Economic Development, Neighborhoods and Strategic Planning Department proposes to utilize Washington state's multi-family property tax exemption (provided for in Chapter 84.14 RCW) to help stimulate construction of new multi-family development in targeted areas. If adopted by the City Council, eligible multi-family housing projects (e.g., apartments or condominiums) would be able to receive a partial property tax exemption for up to 10 years as an added financial incentive for developers to create multi-family housing in targeted areas in our community. As required by state law, the City is holding a public hearing for the purpose of considering the following three areas (highlighted on the attached map) as designated residential targeted areas for the proposed property tax exemption for multi-family housing: • The Center Downtown (CD), Residential Multi-Family Urban Center(RM-U) and Residential Multi-Family Traditional (RM-T) zones in the Center Downtown Comprehensive Plan designation; • The Center Suburban (CS) Residential Multi-Family Suburban Center(RM-C) and Residential 10 dwelling units per acre (R-10) zones in the Center Village Comprehensive Plan designation; and • The Urban Center North District 1 (UCN-1) zone in the Urban Center North Comprehensive Plan designation. RECOMMENDATION: Council adopt the above areas as designated residential targeted areas for the proposed property tax exemption for eligible multi-family housing projects. 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G.Del R sa Adm nistrator G.Del Rosario TO 25 November 2003 Proposed Property Tax Exemption for Multi-Family Housing in Targeted Areas December 15, 2003 City Council Public Hearing Proposal • Utilize Washington State's multi-family property tax exemption to help stimulate construction of new multi-family development in targeted areas • Provide partial property tax exemption for up to 10 years as a financial incentive for eligible new multi-family housing projects 1 What Does the Exemption Cover? • The value of the new housing construction is exempt from property taxes for ten years after completion of the project • The exemption does not include the value of the land, existing improvements or non- housing-related improvements What Does the Exemption Cover? (continued) • The multi-family property tax exemption applies to all levels of the ad valorem property tax, including the city, county, state and all local taxing districts • For projects in Renton, this amounts to a total of $11 . 10347 per $1 ,000 of assessed value for 2003 2003 Property Tax Rates [Per $ 1 ,000 Assessed Value (AV)] City of Renton - General Levy $3.19 City of Renton - Special Levy 0.08865 Total City of Renton property tax rate 3.28 King County 1.34948 Port of Seattle 0.25895 Hospital District #1 0.092.54 Renton School District #403 2.98691 State of Washington School Fund 2.8968 Emergency Medical Service 0.24143 Total 2003 Property Tax Rates $11.10 Example of 30-unit Apartment Building ($4,000,000 AV) City of Renton - General Levy $12,755 City of Renton - Special Levy 354 Total City of Renton property tax rate 13,109 King County 5,398 Port of Seattle 1,036 Hospital District #1 370 Renton School District #403 11,948 State of Washington School Fund 11,587 Emergency Medical Service 966 Total 2003 Property Taxes $44,414 3 Potential Property Tax Savings for Sample 30-unit Apartment Building • Based on $3,000,000 AV for the qualified housing improvements ($100,000 per unit), the property tax savings would be $33,310 per year ($333,100 over 10 years) • Owner would pay property taxes of $11,104 per year on $1,000,000 AV for the land and any non- housing-related improvements Proposed Designated Residential Targeted Areas Center Downtown • Center Downtown (CD) • Residential Multi-Family Urban Center (RM-U) • Residential Multi-Family Traditional (RM-T) Urban Center North • Urban Center North District 1 (UCN-1) Center Village • Center Suburban (CS) • Multi-Family Suburban Center ;' (RM-C) Proposed Residential Targeted �1 Areas for MultiFamily Property ...._... r ix,xe.._ • Residential 10 du/acre (R-I0) Tax Exemption ;:: 4 Eligible Projects Must: • Be located in one of the designated residential targeted areas • Be new construction rental or owner occupied multi-family housing with four or more housing units in each building • Have a minimum number of housing units Eligible Projects (continued) Comprehensive Plan Designation & Zone Minimum # of Housing Units Center Downtown •Center Downtown (CD) 30 •Residential Multi-Family Urban Center (RM-U) 10 •Residential Multi-Family Traditional (RM-T) 10 Urban Center North •Urban Center North District 1 (UCN-1) 30 Center Village • Center Suburban (CS) 30 • Residential Multi-Family Suburban Center (RM-C) 10 • Residential 10 dwelling units/acre (R-10) 10 5 Eligible Projects Must: (continued) • Be mixed-use if located in the Center Downtown zone, Urban Center North District 1 zone, or in the Center Suburban zone within the Center Village Comp Plan designation • Comply with design standards and guidelines if located in the Center Village Comprehensive Plan designation Process for Securing Property Tax Exemption • Submit application for Conditional Certificate prior to the issuance of the building permit for the project • Have contract approved by City Council with terms & conditions • Complete project within three years • Submit application for Final Certificate 6 Proposed Fees Application Fee For Conditional Certificate S500 To Amend Contract S250 (if needed) To Extend 3-year Period $250 (if needed) For Final Certificate S250 Staff Recommendation • Adopt an ordinance to establish the Property Tax Exemption for Multi-Family Housing in the designated residential targeted areas in the Urban Center North, Center Downtown and Center Village Comprehensive Plan designation areas • Applications for new projects will not be accepted after 12/31/2006 unless extended by City Council action CITY OF RENTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 15th day of December, 2003, at 7:30 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way,Renton,WA 98055,to consider the following: City proposal to designate the following areas as residential targeted areas for a potential limited property tax exemption for eligible multi-family housing projects: • The Center Downtown (CD),Residential Multi-Family Urban Center(RM-U) and Residential Multi-Family Traditional (RM-T)zones in the Center Downtown Comprehensive Plan designation; • The Center Suburban (CS)Residential Multi-Family Suburban Center(RM-C) and Residential 10 du/ac (R-10)zones in the Center Village Comprehensive Plan designation; and • The Urban Center North District 1 (UCN-1)zone in the Urban Center North Comprehensive Plan designation. The eligibility criteria and requirements for the multi-family housing projects will be established by the City Council at a later date as part of a proposed multi- family property tax exemption for the residential targeted areas noted above. All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6502. &test -vi Waet&ram Bonnie I. Walton City Clerk Published King County Journal December 5 &8,2003 Account No. 50640 Proposed Multi-Family Property Tax Exemption for Residential Targeted Areas Public Hearing Notice Information FYI. Excerpt from RCW 84.14.040 related to public hearing requirements (2) For the purpose of designating a residential targeted area or areas, the governing authority may adopt a resolution of intention to so designate an area as generally described in the resolution. The resolution must state the time and place of a hearing to be held by the governing authority to consider the designation of the area and may include such other information pertaining to the designation of the area as the governing authority determines to be appropriate to apprise the public of the action intended. (3) The governing authority shall give notice of a hearing held under this chapter by publication of the notice once each week for two consecutive weeks, not less than seven days, nor more than thirty days before the date of the hearing in a paper having a general circulation in the city where the proposed residential targeted area is located. The notice must state the time, date, place, and purpose of the hearing and generally identify the area proposed to be designated as a residential targeted area. Proposed draft supplemental text for public hearing notice on 12/5/03 and 12/8/03 (i.e., beyond the standard text used by the City Clerk's office) The City proposes to designate the following areas as residential targeted areas for a potential limited property tax exemption for eligible multi-family housing projects: • The Center Downtown (CD), Residential Multi-Family Urban Center (RM-U) and Residential Multi-Family Traditional (RM-T) zones in the Center Downtown Comprehensive Plan designation; • The Center Suburban (CS), Residential Multi-Family Suburban Center (RM-C) and Residential 10 du/ac (R-10) zones in the Center Village Comprehensive Plan designation; and • The Urban Center North District 1 (UCN-1) zone in the Urban Center North Comprehensive Plan designation. The eligibility criteria and requirements for the multi-family housing projects will be established by the City Council at a later date as part of a proposed multi-family .. property tax exemption for the residential targeted areas noted above. 3,000 December 1,2003 Renton City Council Minutes Page 444 CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of November 24, 2003. Council concur. November 24, 2003 City Clerk: 2003 General City Clerk submitted 2003 General Election canvas results from King County Election Canvas Results Records and Elections, as follows: Mayor, Kathy Keolker-Wheeler(5,076 votes - elected)and King Parker(4,153); Council Position No. 3,Marcie Palmer(4,777 -elected) and Rosemary Quesenberry(3,991); Council Position No. 4, Denis Law (4,885 -elected)and Robin H. Jones (3,143); Council Position No. 5,Eric Cameron(3,382) and Toni Nelson(4,663 -elected); Position No. 7,Don Persson (6,395 -elected). Information. CAG: 03-173, Kiwanis Park City Clerk reported bid opening on 11/21/2003 for CAG-03-173,Kiwanis Park Improvements, Advanced Improvements; 18 bids; engineer's estimate$110,000 to$120,000; and Construction submitted staff recommendation to award the contract to the low bidder, Advanced Construction,Inc., in the amount of$112,596. Council concur. CAG: 03-158,Lind Ave City Clerk reported bid opening on 11/24/2003 for CAG-03-158,Lind Ave. SW SW/SW 7th St Signalization, and SW 7th St. Signalization; seven bids; engineer's estimate $190,000; and Totem Electric submitted staff recommendation to award the contract to the low bidder,Totem Electric, in the amount of$172,103.70. Council concur. t Planning: Multi-Family Economic Development, Neighborhoods and Strategic Planning Department Property Tax Exemption recommended approval to utilize Washington State's multi-family property tax 4 exemption to help foster new multi-family development in targeted areas. Refer to Planning and Development Committee; set public hearing on 12/15/2003 to consider the residential targeted areas. Annexation: Anderson, 148th Economic Development, Neighborhoods and Strategic Planning Department Ave SE& SE 120th St submitted 10% Notice of Intention to annex petition for the proposed Anderson Annexation, 19.75 acres located east of 148th Ave. SE and south of SE 120th St., and recommended that a public meeting be set on 12/15/2003 to consider the petition. Council concur. Finance: Streamlined Sales Finance and Information Services Department recommended City endorsement Tax of the adoption and implementation of the State of Washington's streamlined sales taxes concept concurrent only upon Federal adoption of Internet and catalog sales taxes; where the State adopts a point of delivery sales tax collection system for interstate sales,but orders the Department of Revenue to distribute sales tax to Washington cities based on point of sale. Council concur. (See page 445 for resolution.) CAG: 03-103, SW 7th St Surface Water Utility Division submitted CAG-03-103, SW 7th St. Drainage Drainage Improvement Phase Improvement Project Phase I; and requested approval of the project, I, DDJ Construction Co authorization for final pay estimate in the amount of$9,838.13,commencement of 60-day lien period, and release of retained amount of$15,360.35 to D.D.J. Construction Co., Inc., contractor, if all required releases are obtained. Council concur. Utility: Skyway Water& Utility Systems Division recommended approval of an agreement with Skyway Sewer District Boundary Water and Sewer District that establishes the water and sanitary service Agreement boundaries. Refer to Utilities Committee. CIPir OF RENTON COUNCIL AGENDAIILL I AI#: 6 r Submitting Data: For Agenda of: December 1, 2003 Dept/Div/Board.. EDNSP Staff Contact Mark Santos-Johnson Agenda Status Consent X Subject: Public Hearing.. X Utilization of Washington state's multi-family property Correspondence.. tax exemption provided for in Chapter 84.14 RCW to Ordinance help foster new multi-family development in targeted Resolution areas. Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Refer to the Planning & Development Committee; set a Legal Dept public hearing on 12/15/03 for the proposed residential Finance Dept targeted areas for the multi-family property tax Other exemption Fiscal Impact: Expenditure Required... 0 Transfer/Amendment 0 Amount Budgeted 0 Revenue Generated 0 Total Project Budget 0 City Share Total Project.. SUMMARY OF ACTION: EDNSP is proposing the adoption of a Multi-Family Property Tax Exemption for Residential Targeted Areas for new construction multi-family housing projects in the CD, RM-U, RM-T and UCN-1 zones and the CS, RM-C and R-10 zones in the Center Village Comprehensive Plan designation. Under the proposed new program, the value of the qualified new housing construction would be exempt from ad valorem property taxation for ten successive years after completion of the project. Qualified projects would need to meet the eligibility criteria and other requirements adopted by the Council to participate in the program. The state's multi-family property tax exemption provided for in 84.14 RCW has been utilized by a number of local jurisdictions to help spur development in urban neighborhoods with insufficient housing opportunities. Although the tax exemption by itself is not enough to create developments, it is an added financial incentive for developers to create multi-family housing in targeted areas in our community. STAFF RECOMMENDATION: Staff recommends that Council: (1) set a public hearing on 12/15/03 for the proposed residential targeted areas for the multi-family property tax exemption; (2) approve the designated residential targeted areas; and (3) adopt an ordinance to establish the multi-family property tax exemption for projects that meet desired local eligibility criteria. Multi-Family Property Tax Exemption Agenda Bill 11-24-03 CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: November 24, 2003 TO: Kathy Keolker-Wheeler, President City Council Members FROM: Alex Pietsch, Administrator Economic Development, Neighborhoods, and Strategic Planning Department STAFF CONTACT: Mark Santos-Johnson, Economic Development Specialist Ext. 6584 VIA: .� Mayor Jesse Tanner SUBJECT: Proposed Multi-Family Property Tax Exemption for Residential Targeted Areas ISSUE: Should the City utilize Washington state's multi-family property tax exemption provided for in Chapter 84.14 RCW to help foster multi-family development in targeted areas? RECOMMENDATION: • Set a public hearing for December 15, 2003 for the proposed residential targeted areas for the multi-family property tax exemption as required by RCW 84.14.040. • Approve the designated residential targeted areas and adopt an ordinance to establish the multi-family property tax exemption for projects that meet desired local eligibility criteria. BACKGROUND SUMMARY: Overview The Washington State Legislature adopted Chapter 84.14 RCW to encourage increased residential opportunities in cities required to plan under the Growth Management Act by providing a partial property tax exemption for up to 10 years for eligible multi-family housing (e.g., apartments or condominiums) located in targeted urban, residential areas. The November 26, 2003 Page 2 purpose of the state's multi-family property tax exemption is to stimulate construction of new multi-family housing and/or the rehabilitation of existing vacant and underutilized buildings for multi-family housing in urban centers with insufficient housing opportunities. The value of the qualified new housing construction, conversion and rehabilitation improvements is exempt from ad valorem property taxation for ten successive years after completion of the project. However, the exemption does not include the value of the land, existing improvements or non-housing-related improvements (e.g., commercial space). The multi-family property tax exemption is in addition to any other tax credits, grants or incentives provided by law for the multi-family housing. Example of Potential Property Tax Savings The multi-family property tax exemption applies to all levels of the ad valorem property tax, including the local jurisdiction, county, state and all local taxing districts. For projects in Renton, this amounts to a total of$11.10347 per $1,000 of assessed value for 2003. (Please see Attachment 1, Examples of Potential Property Tax Savings, for a breakdown of the local ad valorem property tax rate and an example of how the tax rates apply to the various taxing entities.) The value of the property tax exemption will of course be determined by the nature, quality and cost of the multi-family housing (e.g., size, type, parking and amenities). However, for an eligible 1,000 sq. ft. apartment unit in Renton with development costs of$100 per sq. ft. (excluding the land), the annual savings would be $1,110 (1000 sq. ft x $100/sq. ft., divided by $1000, times $11.10347). For an apartment building in Renton with thirty similar 1,000 sq. ft. units, the savings from the multi-family property tax exemption would equal $33,300 per year, or $333,000 over ten years (based on the current ad valorem property tax rate). Residential Targeted Areas The state law, as amended, now allows for a city with a population of at least 30,000 to utilize 84.14 RCW to provide a property tax exemption to eligible multi-family housing located in a residential target area(s) designated by the local governing authority. The designated area(s) must be an "urban center", a compact identifiable district as defined in RCW 84.14.010 where urban residents may obtain a variety of products and services. In light of the City's business plan, economic development and Comprehensive Plan goals, EDNSP recommends that the following three areas be established as residential targeted areas for the City's multi-family property tax exemption: • The Center Downtown (CD), Residential Multi-Family Urban Center (RM-U) and Residential Multi-Family Traditional (RM-T) zones in the Center Downtown Comprehensive Plan designation; • The Center Suburban (CS), Residential Multi-Family Suburban Center (RM-C) and Residential 10 du/ac (R-10) zones in the Center Village Comprehensive Plan designation; and Multi-Family Property Tax Exemption Issue Paper 11-24-03.doc November 26, 2003 Page 3 • The Urban Center North District 1 (UCN-1) zone in the Urban Center North Comprehensive Plan designation. Please see Attachment 2 for a map of the Proposed Residential Targeted Areas for the Multi- Family Property Tax Exemption. As required by RCW 84.14.040, EDNSP is requesting that the Council set a public hearing for December 15, 2003 for the above proposed residential targeted areas for the multi-family property tax exemption. Eligible Properties RCW 84.14 identifies the types of projects eligible to receive a multi-family property tax exemption. However, as described in more detail in the Local Standards, Guidelines & Requirements section below, the local jurisdiction has the authority to establish the specific eligibility requirements for local projects within the parameters allowed by the statute. Under RCW 84.14, the multi-family property tax exemption may apply to buildings with four or more dwelling units that are used for "permanent residential occupancy" for either rental or owner occupancy on a non-transient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one month, but excludes hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. The multi-family units may result from new construction, rehabilitation or conversion of vacant, underutilized or substandard buildings to multi-family housing. However, property proposed for rehabilitation must fail to comply with one or more state or local building or housing codes AND be vacant for at least twelve months before submitting an application for the multi-family property tax exemption. In mixed-use developments, at least fifty percent of the total space must be provided for permanent residential occupancy. Notwithstanding the above displacement prohibition, the property tax exemption may be used in the case of an existing occupied multi-family development so long as a minimum of four additional multi- family units are provided. Existing multi-family vacant housing that has been vacant for at least twelve months does not have to provide additional multi-family units. The new construction, rehabilitation or conversion of the multi-family housing must be completed within three years from the date of approval of the application by the local government. However, the deadline for completing the project may, in some instances, be extended by the local jurisdiction for up to 24 consecutive months. Local Standards, Guidelines & Requirements State law allows the local government to establish standards and guidelines for utilizing the multi-family property tax exemption within the parameters of the statute, including the process and procedures for considering applications and making the determinations required under RCW 84.14. The local government may, for example, (per RCW 84.14.030 and RCW 84.14.040) establish building requirements addressing parking, height, density, public Multi-Family Property Tax Exemption Issue Paper I1-24-03.doc Nase November 26, 2003 Page 4 benefit features, number and size of proposed development, low-income or moderate-income occupancy requirements, environmental impact, compatibility with the existing surrounding property, the provision of amenities that will attract and keep permanent residents and that will properly enhance the livability of the residential targeted areas, and other adopted requirements deemed necessary by the city. EDNSP recommends the following general criteria for the City's Multi-Family Property Tax Exemption for Residential Targeted Areas: (1) The property must be located in a designated residential targeted area (see above); (2) The project must be new construction; (3) The project must have a minimum of 10 attached dwelling units if located in the RM-U or RM-T zones or the RM-C or R-10 zones in the Center Village Comprehensive Plan designation OR a minimum of 30 attached dwelling units if located in the CD or UCN-1 zones or the CS zone in the Center Village Comprehensive Plan designation; and (4) The multi-family housing must be used for "permanent residential occupancy" which includes either owner occupancy or rental accommodation that is leased for a period of at least one month, but excludes hotels and motels. (5) In mixed-use developments, at least fifty percent of the total space must be provided for permanent residential occupancy. Additional eligibility criteria and requirements for the City's Multi-Family Property Tax Exemption for Residential Targeted Areas (such as mixed use and/or design requirements) will be provided to the Planning and Development Committee for their consideration. Process & Fees Prior to the start of construction or rehabilitation, the project owner must submit an application to the local jurisdiction, receive a conditional acceptance of tax exemption by the local jurisdiction and enter into a contract (that specifies the terms and conditions for the development project) with the local jurisdiction. At the completion of the project, the owner must submit a report with a number of statements, including a breakdown of the amount of construction or rehabilitation expenditures for each housing unit and the entire project. After reviewing the material and ensuring that the completed project is consistent with RCW 84.14 and the local jurisdiction's requirements, the City issues a certificate(s) of tax exemption for the project to the owner(s) and notifies the county assessor's office. The property owner(s) also must submit an annual certification to the City during the ten-year tax exemption period. State law allows the local jurisdiction to establish an application fee for the multi-family property tax exemption to cover the costs incurred by both the local jurisdiction and the county assessor in administering the multi-family property tax exemption for the project. Typical application fees for other local jurisdictions range from $50 to $1,000. Some jurisdictions have additional fees, for example, for an application amendment or an extension of the conditional certificate deadline. Multi-Family Property Tax Exemption Issue Paper 11-24-03.doc November 26, 2003 Page 5 A proposed fee schedule for the City's Multi-Family Property Tax Exemption for Residential Targeted Areas will be provided to the Planning and Development Committee for their consideration. Experiences of Other Jurisdictions with the Multi-Family Property Tax Exemption Please refer to Attachment 3, Experiences of Other Jurisdictions with the Multi-Family Property Tax Exemption, for information about the utilization and success of 84.14 RCW in other jurisdictions. CONCLUSION: The multi-family property tax exemption provided for in 84.14 RCW has been utilized by a number of local jurisdictions to help spur development in urban neighborhoods with insufficient housing opportunities. Although the tax exemption by itself is not enough to create developments, it is an added financial incentive for developers to create multi-family housing in targeted areas in our community. In order to proceed, the City needs to hold a public hearing to consider the residential targeted areas for eligible projects, approve the designated residential targeted areas and adopt an ordinance that establishes a multi-family property tax exemption for projects that meet desired local eligibility criteria. cc: Jay Covington, CAO Bonnie Walton, City Clerk Victoria Runkle Gregg Zimmerman Neil Watts Derek Todd Multi-Family Property Tax Exemption Issue Paper 11-24-03.doc November 26, 2003 Page 6 Attachment 1 Examples of Potential Property Tax Savings Table 1 2003 Property Tax Rates (per $1,000 of Assessed Value) City of Renton - General Levy $3.18871 City of Renton - Special Levy 0.08865 Total City of Renton property tax rate $3.27736 King County 1.34948 Port of Seattle 0.25895 Hospital District #1 0.09254 Renton School District #403 2.98691 State of Washington School Fund 2.89680 Emergency Medical Service 0.24143 Total 2003 Property Tax Rates $11.10347 Table 2 Example of the 2003 Property Taxes for a 30-unit Apartment Building with an Assessed Value of$4,000,000 City of Renton - General Levy $12,755 City of Renton - Special Levy 354 Total City of Renton property tax 13,109 King County 5,398 Port of Seattle 1,036 Hospital District#1 370 Renton School District#403 11,948 State of Washington School Fund 11,587 Emergency Medical Service 966 Total 2003 Property Taxes $44,414 Note: The proposed multi-family property tax exemption would apply to the assessed value of the qualified housing improvements for the apartment building,but not the assessed value of the land or any non-housing- related improvements(e.g.,commercial space). Based on an assessed value of$3,000,000 for the qualified housing improvements(i.e.,$100,000 per apartment unit),the potential property tax savings related to the multi- family property tax exemption would be$33,310. Multi-Family Property Tax Exemption Issue Paper 11-24-03.doc • • Attachment 2 "'= 3Ls1►1►1� :l■ ■l / ■sU�� ■1�iaz 1 ■r;ari n■ .■ ill„ . 1 g==wn It �,�Mil ■E :111U rig.111 d:I iiii nisi Urban Center North-District 1 i S ems c:.'NjIT ♦ ;rests al O•\�3 fa ra■ra 1J 11 ■ !j Emiinvl it e• ;��. �a■AIL■Inn EWA. a■' pi 1 mum - -- — — At, i-,0 1 palm 2r.-7 zra":111 ign ifil t,\1 elginil F *JL norm Ar Nilpir, Vr 17441 4 III o ■11 L ■. '-irisfS 111...- up NE a I.., lien i __............. e ETVIIT.i ■_.. 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Proposed Residential Targeted o isoo 3000 :..... ....... Areas for Multi-Family Property N : ls000 • Economic Development, eighborhmie&Strategic Planning • Alex Pietsch,Administrator Tax Exemption G.Del Rosario •.O' 25 November 2003 November 25, 2003 Page 8 Attachment 3 Experiences of Other Jurisdictions with the Multi-Family Property Tax Exemption Washington state's multi-family property tax exemption statute has been utilized by a number of local jurisdictions to help spur development in urban neighborhoods with insufficient housing opportunities, including Tacoma, Seattle, Spokane, Bellingham, Olympia, Vancouver, Wenatchee, Federal Way, Puyallup and, most recently, Auburn. Although there is no central administration of the multi-property tax exemption program by the state, it appears as though many jurisdictions utilize 84.14 RCW to establish a multi- family property tax exemption for one or more designated residential target areas with limited additional local requirements or eligibility criteria. However, at least two jurisdictions - Seattle and Auburn - established significantly more restrictive eligibility criteria to target the use of the multi-family property tax exemption to better meet local needs. In Seattle, the multi-family property tax exemption was implemented with an affordability component wherein at least 40% of the units were affordable at 60% of median income in the "Pike-Pine neighborhood" and 25% of the units were affordable at 80% of median income in all of the other residential targeted areas of the city. In Auburn, the multi-family property tax exemption was adopted with local requirements that eligible projects: (a) be new construction only; (b) have 30 or more units; and (c) have a "minimum investment of$150,000 per unit annually adjusted for inflation by the Consumer Price Index". Although both Federal Way and Auburn established multi-family property tax exemption programs this year, neither had a project application as of earlier this fall. However, a number of other jurisdictions have successfully utilized the multi-family property tax exemption to help develop new rental and ownership multi-family properties in urban neighborhoods. For example, Tacoma has had 45 multi-family property tax exemption projects with 3,076 units approved since 1998 (including 764 condo units). Seattle has had 14 multi-family property tax exemption projects since 1999, including 12 rental projects (with 878 units) and 2 projects for homeowners (with 86 units). Six of the 14 projects involve a nonprofit agency and for-profit developers are developing eight of the projects. Multi-Family Property Tax Exemption Issue Paper 11-24-03.doc