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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