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HomeMy WebLinkAbout42 of 2025 - Public Benefits Analysis - Valley Behavioral Health RESOLUTION NO. 42 OF 2025 (Authorizing the release of Salt Lake City’s reversionary interest in a property located at 107 South 800 West, Salt Lake City) WHEREAS, Salt Lake City Corporation (the “City”) previously conveyed certain real property located at 107 South 800 West, Salt Lake City, Utah (the “Property”), to Valley Behavioral Health, Incorporated, a Utah nonprofit corporation (“Valley”), through a Quit Claim Deed recorded in 1992 that reserved a reversionary interest to the City; and WHEREAS, Valley now intends to convey the Property to a new entity, Saltair Lofts, LLC, to demolish the existing eight-unit structure and develop a new 68-unit permanent supportive housing project known as “Saltair Lofts” to serve formerly homeless individuals, including those with disabilities; and WHEREAS, the City has determined that releasing the reversionary interest in the Property to help enable the development of Saltair Lofts in exchange for a Restrictive Use Agreement recorded on the Property preserving all 68 units as affordable permanent supportive housing is necessary and appropriate to achieve the City’s housing and community development objectives; and WHEREAS, the City has conducted a Public Benefits Analysis pursuant to Utah Code Section 10-8-2 and Salt Lake City Code Section 2.58, which demonstrates that the release of the reversionary interest provides substantial public benefit through the creation of deeply affordable housing, housing for individuals with disabilities, on-site behavioral health services, and sustainable design practices; and WHEREAS, the City Council finds that such release is consistent with the City’s Housing SLC (2023–2027) Plan and Thriving in Place anti-displacement strategy, and that it will enhance the safety, health, and prosperity of City residents; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows: 1. The City Council hereby approves the release of the City’s reversionary interest as set forth in the 1992 Quit Claim Deed for the Property located at 107 South 800 West on the condition that a Restrictive Use Agreement be recorded on the Property memorializing the public benefits to be received by the City. 2. The City Council further authorizes the Mayor, or her designee, to execute the Release of Reversionary Interest and the Restrictive Use Agreement consistent with the term sheet attached hereto as Exhibit C. 3. The City Council hereby adopts and incorporates the findings of the Public Benefits Analysis attached hereto as Exhibit D. [Remainder of page intentionally left blank] Passed by the City Council of Salt Lake City, Utah, on December 9, 2025. SALT LAKE CITY COUNCIL By: CHAIRPERSON ATTEST: CITY RECORDER APPROVED AS TO FORM: Salt Lake City Attorney’s Office __________ Allison Parks, Deputy City Attorney Chris Wharton (Dec 23, 2025 11:09:47 MST) EXHIBIT C TERM SHEET At the time the Release of the Revisionary Interest is recorded, the Restrictive Use Agreement shall be recorded against the Property and contain, at minimum, the following key terms and obligations: AFFORDABLE HOUSING 1. Unit Requirements: Saltair Lofts, LLC (“Saltair”) shall develop and maintain a minimum of 68 units. The units shall be made available and affordable to individuals meeting the U.S. Department of Housing and Urban Development (“HUD”) adopted definition of chronically homeless. 2. Income Restrictions: Units shall be made available only to households that have an aggregate annual income for all qualifying occupants that is at or below the following area median income (“AMI”) for Salt Lake City Utah, Metro Fair Market Rent Area as annually determined by HUD and adjusted for household size. The income restrictions shall be: a. 5 studio units at 30% AMI b. 63 studio units at 40% AMI 3. Maximum Rents: The annualized rent (which includes all required housing costs such as utilities and other charges uniformly assessed to all apartment units, other than charges for optional services) per affordable unit shall be set forth in a written lease and shall not exceed, for the term of the lease, the maximum monthly gross rental rate utilized by IRC Section 42(g)(2) of the low-income housing tax credit (LIHTC) program for the applicable AMI and unit type and as updated annually. Specifically: a. 5 studio units at 25% AMI b. 63 studio units at 35% AMI HOUSING FOR INDIVIDUALS WITH DISABILITIES: Within the Project’s 68 units, a minimum of nine units shall be made available to individuals with mobility impairments. Such units shall be designed to ensure full usability by persons with mobility limitations. SUPPORTIVE SERVICES: Saltair shall ensure the following supportive services are provided to the residents: on-site case management, clinical services, and resident support programming consistent with best practices for permanent supportive housing. The building will also include resident amenities including a community kitchen, fitness area, computer room, and outdoor courtyard. SUSTAINABILITY: The Project shall be all-electric and certified under Energy Star MFNC and Enterprise Green Communities standards. MONITORING 1. Saltair will permit annual inspections at reasonable times by City or its designee to determine compliance with these conditions and covenants. 2. Saltair will provide an initial report demonstrating compliance with the public benefits, including the affordability requirements at full occupancy and, if requested by City, provide annual compliance and affordability documentation each year, no later than thirty (30) days after December 31. 3. If requested by the City, Saltair will recertify income annually with source documents or written statements from the household indicating household size and annual income. TERM: The term of this agreement shall extend until 50 consecutive years from the date the agreement is executed. EXHIBIT D PUBLIC BENEFIT ANALYSIS MEMORANDUM TO: City Council Members SUBJECT: Public Benefits Analysis for the release of Salt Lake City’s reversionary interest on a property owned by Valley Behavioral Health located at 107 South 800 West in exchange for a restrictive use agreement recorded on the Property preserving public benefits. INTRODUCTION Salt Lake City (“City”) has a reversionary interest in property located at 107 South 800 West (“Property”). The Property was originally conveyed by the City to Valley Behavioral Health (“Valley”) in 1992. Valley proposes to redevelop the Property into a 68-unit permanent supportive housing project serving formerly homeless individuals, including those with disabilities. For the purposes of acquiring Low-Income Housing Tax Credits (“LIHTC”) Valley must transfer ownership of the Property to a separate legal entity, Saltair Lofts, LLC (“Saltair”), of which Valley is the managing partner. In exchange for the City’s release of its reversionary interest, Saltair will record a Restrictive Use Agreement preserving certain public benefits, including 68 units as affordable, supportive housing for 50 years. The release of the City’s reversionary interest serves a significant public purpose by enabling construction of a new deeply affordable housing development that addresses homelessness and behavioral health challenges through the inclusion of supportive services. Saltair will replace an aging eight-unit structure with a modern, sustainable building that will create 68 homes that will allow residents to access on-site case management, behavioral health services, and community amenities that promote housing stability and well-being. This action directly advances Salt Lake City’s Housing SLC (2023–2027) plan and the Thriving in Place anti-displacement strategy by utilizing City resources to expand permanent supportive housing, improve neighborhood stability, and reduce homelessness. The project’s all-electric design aligns with the City’s Climate Positive 2040 goals, while its proximity to public transit promotes accessibility and sustainability. Accordingly, the City finds that the release of its reversionary interest provides substantial and measurable public benefit consistent with Utah Code §10-8-2. The Restrictive Use Agreement that will be recorded on the Property ensures long-term affordability, supportive services, and accountability, providing lasting value to the City and its residents. LEGAL FRAMEWORK Under Utah law, after first holding a public hearing, a municipal body may appropriate funds “for any purpose that, in the judgment of the municipal legislative body, provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality.” The factors that must be considered by the City Council in determining the propriety of making such an appropriation or waiver to any type of entity or individual other than a nonprofit entity are set forth under Utah Code §10-8-2(3)(e). The factors include: (1) The specific benefits (including intangible benefits) to be received by the City in return for the arrangement; (2) The City’s purpose in making the appropriation, including an analysis of how the safety, health, prosperity, moral well-being, peace, order, comfort or convenience of the residents of Salt Lake City will be enhanced; and (3) Whether the appropriation is “necessary and appropriate” to accomplish the reasonable goals and objectives of the City in the areas of economic development, job creation, affordable housing, blight elimination, resource center development, job preservation, the preservation of historic structures and property, and any other public purpose. BACKGROUND OF THE PROJECT AND CITY PROPERTY The Property located at 107 South 800 West was originally conveyed by the City to Valley in 1992 for the purposes of developing and maintaining housing for homeless and disabled individuals. The Quit Claim Deed included a reversionary interest in favor of the City. Valley constructed an eight-unit affordable apartment complex on the site in 1993, which has since served low-income individuals in need of stable housing. The reversionary interest provides that in the event that Valley sells the property, upon City approval, the appraised value at the time of sale of the land shall be repaid to the City. Valley now proposes to redevelop the site into a 68-unit permanent supportive housing development that will provide deeply affordable housing for formerly homeless individuals, including people with disabilities and mobility impairments. The redevelopment will replace aging, inefficient housing with a modern, sustainable facility that provides comprehensive on-site supportive services (“Project”). Valley will convey the Property to Saltair, which triggers the reversionary interest established in the deed. The project site is half an acre in size and is zoned TSA-UN-T, located approximately .4 miles from a TRAX station. The new building will feature ground-floor clinical and community service space, including a resident clinic, case management offices, community kitchen, fitness area, computer room, and outdoor courtyard. Valley will serve as both developer and lead service provider, leveraging over three decades of experience operating supportive housing and behavioral health programs. Housing Connect will provide property management services through project-based vouchers, ensuring long-term operational stability. The City’s release of its reversionary interest is a necessary and appropriate action to enable the development of the new Project. Further, requiring Saltair to record a Restrictive Use Agreement on the Property will ensure long-term affordability, housing for individuals with mobility impairments, and supportive services. TERMS OF THE RESTRICTIVE USE AGREEMENT AND PUBLIC BENEFITS PROVIDED I. Terms of Restrictive Use Agreement; Costs to the City The City’s release of its 1992 reversionary interest will be executed concurrently with the recording of a Restrictive Use Agreement on the Property. The Restrictive Use Agreement will: • Ensure 5 studio units are preserved as permanent supportive housing for households earning at or below 30% of the area median income (“AMI”), adjusted for household size; • Ensure 63 studio units are preserved as permanent supportive housing for households earning at or below 40% of the area median income (“AMI”), adjusted for household size; • Require a minimum of nine units to be made available to individuals with mobility impairments; • Remain in effect for a minimum of 50 years, running with the land and binding all successors and assigns. • Require annual reporting to the City verifying compliance with affordability and tenant selection. • Ensure the Project is constructed as all-electric and certified under Energy Star MFNC and Enterprise Green Communities standards. Upon execution, the City’s reversionary interest will be fully released, and the Restrictive Use Agreement will be recorded to ensure long-term enforceability and monitoring by the City. II. Costs to the City The appraised value of the Property as of June 2024, is $2,240,000. In accordance with the reversionary interest, this amount would have been paid to the City upon approving the sale of the property. The release of the reversionary interest makes the Project financially feasible by offsetting the costs associated with supportive housing and on-site service space. The City’s contribution of the release of its reversionary interest in exchange for long-term affordability for homeless and disabled individuals and supportive housing commitments is necessary and appropriate to accomplish the reasonable goals and objectives of the City through the development of the public benefits in the Project. II. Public Benefits Provided by the Project. The Project delivers significant and quantifiable public benefits that justify the City’s release of its reversionary interest under Utah Code §10-8-2, including: Permanent Supportive Housing Creation: 68 new, service-enriched units targeted to formerly homeless individuals and persons with disabilities. Behavioral Health and Support Services: Comprehensive on-site services including case management, clinical treatment, and life skills programs provided by Valley Behavioral Health’s experienced team. Sustainability and Design Excellence: All-electric, high-performance building design meeting Energy Star MFNC and Enterprise Green Communities standards. Transit-Oriented Development: Located within walking distance of TRAX and bus lines, reducing car dependence and supporting the City’s goal of improving access to opportunity for likely transit users who are underserved. Economic and Social Value: Reduces City expenditures on emergency and crisis response services through stable housing solutions. III. Salt Lake City’s Purposes and Enhancing the Quality of Life for Residents. By releasing the reversionary interest, the City directly advances its purpose of improving safety, health, prosperity, and moral well-being for residents. The project converts an aging and underutilized property into a community asset that provides: • A supportive, service-rich environment enabling residents to stabilize their lives. • Integration of behavioral health care and housing, reducing strain on public safety and healthcare systems. The Project will also help reduce nuisance activity and blight in the area, promote community cohesion, and enhance the comfort and convenience of residents citywide. IV. Accomplishing Salt Lake City’s Goals. By developing 68 units of permanent supportive housing, the Project supports the City’s Housing Plan, Housing SLC (2023-2027), which outlines strategies to address Salt Lake City’s shortage of approximately 5,500 units of affordable housing. Housing SLC heavily prioritizes individuals and households who face the greatest risk of housing insecurity and displacement. To do this, the City has developed the following goals: 1) Make progress toward closing the housing gap of 5,500 units of deeply affordable housing by entitling a minimum of 2,000 deeply affordable (30% AMI or below) units and a minimum of 2,000 affordable (31%-80% AMI) units throughout the city. 2) Increasing housing stability throughout the city. The plan also provides guidance for evaluating and appropriating City funds for housing. The priorities relevant to the Project are as follows: 1) Incentivizing new residential development where it will benefit the most people. 2) Support new housing at all income levels by making it easy and attractive to build affordable housing. 3) Increase spending on rental assistance and affordable housing construction and develop new funding sources to make it possible. 4) Create rental housing opportunities in every neighborhood. Additionally, the Project helps further Strategic Priority 3e of Thriving in Place, the City’s anti- displacement strategy plan, to produce more affordable housing, prioritizing long-term affordability, supportive services, and transit access. CONCLUSION The development of the Project will provide significant benefit to residents of the City. The City’s release of its reversionary interest in exchange for the Restrictive Use Agreement for the Project represents an appropriate use of City resources to achieve the City’s reasonable goals and objectives…in the area of economic development, job creation, affordable housing, blight elimination, resource center development, job preservation, the preservation of historic structures and property. This contribution enables the creation of 68 new supportive housing units, ensures long-term affordability, and provides vital on-site behavioral health services that improve resident outcomes and reduce public costs. Accordingly, Salt Lake City finds that the release of its reversionary interest provides substantial public benefit consistent with Utah Code §10-8-2 and City Code §2.58, enhances the welfare of residents, and is in the best interest of the City and its inhabitants. *Adopted December 9, 2025* - Resolution 42 of 2025 - Public Benefits Analysis - Valley Behavioral Health Final Audit Report 2025-12-23 Created:2025-12-19 By:DeeDee Robinson (deedee.robinson@slc.gov) Status:Signed Transaction ID:CBJCHBCAABAAzaAtaWsM2PiRXtxHLLadnPGTeRcnNnab "*Adopted December 9, 2025* - Resolution 42 of 2025 - Public B enefits Analysis - Valley Behavioral Health" History Document created by DeeDee Robinson (deedee.robinson@slc.gov) 2025-12-19 - 10:58:41 PM GMT Document emailed to Allison Parks (allison.parks@slc.gov) for signature 2025-12-19 - 11:02:46 PM GMT Email viewed by Allison Parks (allison.parks@slc.gov) 2025-12-22 - 4:11:22 PM GMT Document e-signed by Allison Parks (allison.parks@slc.gov) Signature Date: 2025-12-22 - 4:12:12 PM GMT - Time Source: server Document emailed to Chris Wharton (chris.wharton@slc.gov) for signature 2025-12-22 - 4:12:14 PM GMT Email viewed by Chris Wharton (chris.wharton@slc.gov) 2025-12-23 - 6:51:47 AM GMT Document e-signed by Chris Wharton (chris.wharton@slc.gov) Signature Date: 2025-12-23 - 6:09:47 PM GMT - Time Source: server Document emailed to Keith Reynolds (Keith.Reynolds@slc.gov) for signature 2025-12-23 - 6:09:52 PM GMT Email viewed by Keith Reynolds (Keith.Reynolds@slc.gov) 2025-12-23 - 6:35:26 PM GMT Document e-signed by Keith Reynolds (Keith.Reynolds@slc.gov) Signature Date: 2025-12-23 - 6:35:49 PM GMT - Time Source: server Agreement completed. 2025-12-23 - 6:35:49 PM GMT