026-23 - Ordinance - Repealing Chapter 3.48 Mulit Family Tax ExemptionsDocuSign Envelope ID: EA378386-AA1 E-411 F-839D-79C100151 DA6
ORDINANCE NO. 026-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE CITY'S MULTI -FAMILY TAX EXEMPTION; REPEALING
CHAPTER 3.48 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the City Council original adopted the Multi -Family Tax Exemption in 2016 by
passage of Ordinance No. 23-16 which was codified as Chapter 3.48 of the Port Orchard
Municipal Code ("POMC"); and
WHEREAS, at the time Ordinance No. 23-16 was adopted there were not enough multi-
family housing projects being built in Port Orchard and the City wanted to incentivize the
development of this needed housing type; and
WHEREAS, the City Council has twice amended Chapter 3.48 POMC via adoption of
Ordinance Nos. 003-19 and 029-20; and
WHEREAS, the City has granted the Multi -Family Tax Exemption to several projects since
it was initially adopted; and
WHEREAS, for several years the City has been experiencing a development boom,
including the development or planned development of 1,674 multi -family housing units; and
WHEREAS, many of these units were developed or are proposed to be developed
without using the Multi -Family Tax Exemption; and
WHEREAS, given the level of housing being produced, many of which do not rely on the
Multi -Family Tax Exemption for development, the City Council deems that offering this Tax
Exemption is not necessary to incentivize the development of more multi -family housing; and
WHEREAS, in order to serve the housing being produced, the City needs revenues to
provide the infrastructure and City services in order to serve the new residents who will occupy
this housing; and
WHEREAS, this Ordinance is not intended to impact any previously approved and issued
Multi -Family Tax Exemption applications, whether preliminarily approved or fully approved;
and
WHEREAS, the City Council deems it in the best interests of the residents of the City and
further advance the public health, safety, and welfare to repeal the Multi -Family Tax Exemption
Chapter; now, therefore,
DocuSign Envelope ID: EA3713386-AAi E-411 F-839D-79C100151 DA6
Ordinance No. 026-23
Page 2 of 3
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 3.48 of the Port Orchard Municipal Code, entitled "Multi -Family
Tax Exemption" is hereby repealed.
SECTION 2. Implementation. Any approved applications for use of the Multi -Family Tax
Exemption under Chapter 3.48 POMC which are in process and/or have obtained preliminary or
full approval as of the effective date of this Ordinance shall continue to be processed and may
be finalized and approved. However, no new applications for use of the Multi -Family Tax
Exemption shall be processed after the effective date of this Ordinance.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION S. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor Pro -
Tern and attested by the Clerk in authentication of such passage this 1011 day of October 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
13 � u,JSigned by:
1�� �iriR.rnr y
Mark Trenary, Mayor Pro-Tem
SPONS R:
1
Jay R4w4pe, C cilm
�O[�pRP 0 tl q
SEAL
DocuSign Envelope ID: EA3713386-AA1 E-411 F-839D-79C100151 DA6
Ordinance No. 026-23
Page 3 of 3
[3ocuSlQnad 4y:
203701"5570457
Charlotte A. Archer, City Attorney
PUBLISHED DATE: October 13.2023
EFFECTIVE DATE: October 18, 2023