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Transmittal - 3/24/2023SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 118 WWW.SLC.GOV · WWW.SLCRDA.COM P.O. BOX 145518, SALT LAKE CITY, UTAH 84114-5518 TEL 801-535-7240 · FAX 801-535-7245 MAYOR ERIN MENDENHALL Executive Director DANNY WALZ Director REDEVELOPMENT AGENCY of SALT LAKE CITY STAFF MEMO DATE: March 24, 2023 PREPARED BY: Lauren Parisi, Marcus Lee, and Kate Werrett, RDA Project Managers RE: Housing and Transit Reinvestment Zone (HTRZ) Creation REQUESTED ACTION: Information Only – Review and discussion regarding HTRZ process POLICY ITEM: Project Area Creation BUDGET IMPACTS: N/A EXECUTIVE SUMMARY: In 2021, the State of Utah adopted Senate Bill 217 establishing the Housing and Transit Reinvestment Zone (“HTRZ”) Act (“Act”). In 2022, the State amended the bill to include the revisions set forth in Senate Bill 140. During the 2023 Legislative Session additional amendments to the Act were adopted in Senate Bill 84. Intended to help address Utah’s severe housing crisis, this legislation allows for municipalities to capture tax increment revenue around certain public transit facilities to facilitate mixed-use, multifamily, and affordable housing development and, ultimately, a higher utilization of public transit. This memo reviews HTRZ regulations, 2023 legislative updates, explores potential areas in Salt Lake City where HTRZs could be implemented, and details the RDA HTRZ next steps. ANALYSIS: HTRZ Regulations. In 2021, Senate Bill 217 adopted the Housing and Transit Reinvestment Zone Act (“Act”), establishing the objectives and requirements to create HTRZs. The Act was updated in 2022 with the passing of Senate Bill 140 to clarify the process, requirements, and objectives of the HTRZs. An HTRZ is a specific type of project area located adjacent to public transit intended to promote sustainable mixed-use development, affordable housing, and public transportation. Up to 80% of incremental property tax generated within the project area can be collected to promote these objectives. 1.General HTRZ Requirements. Project area requirements that apply to every HTRZ project area include: •Property Tax Maximum Increment Participation: 80% •Housing o Affordable Housing: At least 10% of housing units must be affordable to 80% AMI households o Must include a mixture of housing units to ensure a reasonable percentage of dwellings with more than one bedroom • Land Use: 51% of developable area must be residential • Density: an average of 50 dwelling units per acre is required. o There is a caveat that if a Bus Rapid Transit’s (“BRT’s”) tax increment collection is reduced to 60%, its project area may have a reduced density of 39-49 dwelling units per acre. • Tax Increment Collection Cap: Determined by the proposal • HTRZ Administration Fees: 1% of the HTRZ funds + cost to complete the gap analysis described in 63N-3-604(2) of the Act. 2. Transit Stop Requirements. A unique difference between HTRZs and other types of projects areas is that HTRZs must be established within a specified distance of a transit stop. The Act provides requirements and limitations dependent on the type of transit stop an HTRZ encompasses. Certain limiting factors are defined by the project area transit stops for commuter rail, light rail, BRT, or those located within an Opportunity Zone. Examples of varying allowances dependent on the type of transit stop include: • Size of Project Area • Maximum Acreage • Term and Phase Length • Number of HTRZ project areas per transit stop type allowed per county The table below shows the differences between possible project areas within Salt Lake City. FRONTRUNNER TRAX/S-LINE BRT OPPORTUNITY ZONE BOUNDARY DISTANCE FROM STATION 1/4 MILE X X 1/3 MILE X 1/2 MILE X (regardless of transit type) Note: Any parcels bisected by the radius boundary can be included in their entirety MAXIMUM ACREAGE NONCONTIGUOUS ACRES 125 100 100 Dependent on station type TAX INCREMENT TERM & PHASE LENGTH 25 year phases within a 45-year period 15 year phases within a 30-year period Dependent on station type NUMBER OF HTRZ PROJECT AREAS ALLOWED PER COUNTY HTRZs per County (#) Not defined 8 3 1 3. HTRZs Comparison with Community Reinvestment Areas (“CRAs’) – While similar to existing tax increment project areas such as CRAs, HTRZs vary in some significant ways as summarized in the table below. CRAs are subject to Title 17C of the Utah State Code. Page 2 HTRZ CRA Creation • HTRZ proposal is submitted to the Governor’s Office of Economic Opportunity • State appointed HTRZ Committee commissions a gap analysis and reviews/approves proposal • Survey Resolution adopted by the Redevelopment Agency of Salt Lake City’s (“RDA’s") Board of Directors (“Board”) • Project Area Plan & Budget Public Hearing • RDA Board adopts Plan & Budget • City adopts ordinance approving the Plan & Budget Taxing Entities • Required taxing entity participation as agreed to by the HTRZ Committee and formalized with interlocal agreements • Taxing entities may opt out of participation • Participation is negotiated and established with interlocal agreements Tax Increment • Participation Rate: up to 80% of property tax increment • Participation Rate: Property tax increment as negotiated RDA Board Controls • HTRZ goals/policy decisions • Budgeting of funds • Tax Increment Reimbursement Agreements (TIRAs) & other development assistance programs • RDA Board reviews and approves CRA creation and implementation throughout the process • Budgeting of funds • Tax Increment Reimbursement Agreements (TIRAs) & other development assistance programs NOTE: Other tax increment funding sources are available, and applicability varies dependent upon the type of project. Two possible options are PIDs and TRZs. 4. Use of HTRZ Funds – Per 63N-3-607, HTRZ funds may be used to pay for a portion of the costs associated with the following: a. Income targeted housing costs b. Structured parking within the HTRZ c. Enhanced development costs d. Horizontal construction costs e. Vertical construction costs f. Property acquisition costs g. HTRZ Administration, including the State’s gap analysis h. Public infrastructure 5. 2023 Legislative Update – During the 2023 Legislative Session, Senate Bill 84 was adopted which amends the HTRZ Act as follows: a. Amends provisions related to the objectives and required characteristics of an HTRZ b. Restricts how much land a proponent county may own within a HTRZ c. Requires a HTRZ proposal to include certain maps of the proposed area d. Requires the Governor’s Office of Economic Opportunity (“GOEO”) to provide notice to certain relevant entities after receiving a HTRZ proposal e. Requires the State Tax Commission to provide feedback to a housing and transit reinvestment zone regarding their ability to administer the tax implications of the proposal f. Amends the membership of the HTRZ committee. HTRZ Objectives. 1. State Objectives – As summarized by Zions Public Finance in a 2021 HTRZ White Paper, the Act represents an “all-hands-on-deck” approach to helping mitigate the housing affordability crisis along the Wasatch Front, and to better utilize transit infrastructure and investment. It intends to encourage transit-oriented development (TOD) near UTA FrontRunner stations, and other transit Page 3 stops, through tax increment financing and integral city and agency planning efforts. The Act includes seven main objectives as follows: a. Higher utilization of public transit b. Increasing availability of housing, including affordable housing c. Conservation of water resources through efficient land use d. Improving air quality by reducing fuel consumption and motor vehicle trips e. Encouraging transformative mixed-use development and investment in transportation and public transit infrastructure in strategic areas f. Strategic land use and municipal planning in major transit investment corridors g. Increasing access to employment and educational opportunities 2. Alignment with City Objectives – While various city plans provide guidance regarding the State’s overarching HTRZ objectives, encouraging transit-oriented and affordable housing development in strategic areas of the city – especially as a means to conserve water, improve air quality, and increase access to employment and education – are objectives that city plans and the RDA’s Guiding Framework (see attached) generally support. Multiple guiding principles within the citywide vision plan, Plan Salt Lake (2015), directly align with the objectives of HTRZ creation, particularly the promotion of: a. Growing responsibly while providing people with choices about where they live, how they live, and how they get around. b. Access to a wide variety of housing types for all income levels throughout the City, providing the basic human need for safety and responding to changing demographics. c. A transportation and mobility network that is safe, accessible, reliable, affordable, and sustainable, providing real choices and connecting people with places. d. Air that is healthy and clean. e. Protecting the natural environment while providing access and opportunities to recreate and enjoy nature. f. A balanced economy that produces quality jobs and fosters an environment for commerce, local business, and industry to thrive. Current HTRZ Application: 900 South/200 West TRAX Stop In November 2022, in an effort to provide an equitable opportunity for property owners who are considering development to be included in the HTRZ, a survey was sent to commercial and multifamily residential property owners within two potential HTRZ boundaries. The survey area included property owners within a half mile radius of the 900 S/200W TRAX station and the 650 S Main TRAX station. Due to the high concentration of recent construction and proposed development projects in the area, RDA staff will move forward with an HTRZ proposal for the area surrounding the 900 South/200 West TRAX station. The area primarily covers the Salt Lake City’s Granary District, Central Ninth neighborhood, and a portion of downtown. The area is comprised of a mix of land uses including office, commercial, single-family and multi-family residential. While the area is experiencing growth, public support is needed to facilitate sustainable affordable housing opportunities that are needed throughout the City and especially adjacent to the Central Business District’s employment center. Much denser, transit-oriented development is also needed to take full advantage of existing light rail that runs through the proposed HTRZ and the associated public transit community benefits. Page 4 The Granary District is transitioning from primarily industrial uses and warehouse buildings to the City’s center of creativity – with makerspaces for artists and tradespeople, culinary and recreational experiences, life sciences, and local businesses of all types and sizes. Due to the industrial history of this area, the neighborhood has developed without the infrastructure commonly found in the rest of the city. Many streets do not have the basic pedestrian enhancements such as sidewalks, street trees, park strips, curb and gutter. Public infrastructure investment is greatly needed to support this neighborhood’s growth and the innovation happening within it. Transformative public projects that are anticipated to be supported through the creation of this HTRZ include affordable housing, the Green Loop, the Grand Boulevards, infrastructure improvements, and a public transit extension. If not for funding provided by the proposed HTRZ, growth may happen sporadically, and not contain the affordability, nor the density to support the revitalization of the area in alignment with city plans. It’s anticipated that tax increment will be used for the following categories: • Private Development Support (must incorporate public benefits) • Public Project Support • HTRZ Administration RDA staff is finalizing an HTRZ application centered around the TRAX light rail station located at 900 South and 200 West to submit to GOEO for consideration. City HTRZ Creation and Implementation Policy Considerations. The selection and prioritization of future HTRZ project area locations are the next steps for moving forward with any future HTRZ project area creation. City policy considerations, equitable opportunities, and the data needed to submit a proposal are important factors in selecting where to create an HTRZ and what parcels to include. 1. HTRZ Considerations – In addition to the Act’s alignment with citywide objectives and the RDA’s Guiding Framework, the Board may also wish to consider the following when analyzing potential areas of the city to establish an HTRZ: a. How can HTRZ creation be done in the most equitable manner to benefit Salt Lake City residents? b. What area(s) of the city are in need of RDA investment to support housing, transit and public infrastructure (transit-oriented development) in alignment with State, City and RDA objectives? c. What area(s) of the city encompass specific sites where public and/or private catalytic development projects are being planned with quantifiable funding gaps? d. What area(s) of the city could leverage existing growth and other funding sources to make the greatest impact when reinvested into the neighborhood? INCLUDED PARCELS HTRZ BOUNDARY Page 5 2. Potential HTRZ Locations. Given the legislation’s quota of eight (8) HTRZs adjacent to light rail stations per county and one (1) HTRZ in an Opportunity Zone associated with light rail per city, the RDA must contemplate which transit stops would make the most of the HTRZ tool if submitted to the State. In addition to the 200 West and 900 South TRAX stop, potential HTRZ areas include the following: a. Intermodal Hub. Salt Lake City’s intermodal transit hub, at approximately 600 West and 300 South, encompasses the Station Center development making this a top priority location for tax increment opportunities. Located a block east of the Rio Grande Depot, this hub includes multiple public transportation connections, including the FrontRunner, TRAX blue line, and the Greyhound bus. With these lines all convening at this point, “first and last-mile” improvements are critical. As this area is adjacent to a FrontRunner station, the potential project area is excluded from the State’s quota of eight light rail HTRZs per County and; therefore, will not be submitted as the Agency’s first HTRZ request to the State, but should be submitted in the near future as a means to support the Agency’s Station Center planning efforts, the Downtown Plan’s Green Loop along 500 West, and the potential light rail extension project. More generally, there is significant potential here to facilitate improved east-west connectivity. b. 200 West/1300 South (Ballpark) TRAX Stop. Investment in the Ballpark neighborhood is one of the current administration’s top priorities. Tax increment could be used in this area to redevelop city- owned parcels that would produce revenue to fund improvements and maintenance for the ballpark. Pedestrian- safety enhancements and general activation are much needed as a mechanism to combat crime in the area. Page 6 Quantifying the specific funding gap required by the State may be more straightforward in this area than others. The maximum tax increment collection for parcels included in HTRZs is 80%. If parcels are included in both the State Street CRA and a potential Ballpark HTRZ, the maximum combined collection will be 80% from each taxing entity. Overlapping tax increment project areas and timeframes will not increase the maximum tax increment collection from taxing entities for the parcels. c. Sugar House S-Line. There is potential for an HTRZ along the S-Line in Sugar House, particularly centered around the Fairmont and Sugarmont stations. The establishment of this project area could support the extension of the TRAX line to the east; however, other potential funding sources could also be used to support this extension. A possible option is a Transit Reinvestment Zone (TRZ). Additionally, support has been requested for the Thackeray – a multi- family project planned at 2100 South and 900 East. Tax increment could be used to push affordable housing requirements beyond the minimum. Next Steps. 1. Submission of 900 South/200 West HTRZ Application – Section 63N-3-604 of the Act provides requirements for the application submission to GOEO. These requirements include defining the project boundary, identifying included parcels, establishing a base year and collection years, explaining how the State Objectives will be met, the tax increment projections, and other several other requested items. The HTRZ Committee uses the tax increment projection included in the proposal to set the HTRZ cap. RDA staff is finalizing an HTRZ application for development surrounding the 900 South/200 West (Granary) TRAX Stop. Neighborhood impacting benefits above what the market would normally create are the focus of the proposal submission. 2. HTRZ Tax Increment Reimbursement Policy – RDA staff is preparing a tax increment policy specific to HTRZs for the Board’s consideration. The existing tax increment reimbursement policy is subject to the requirements of the Utah Community Reinvestment Agency Act (17(c)), rather than the Housing Transit Reinvestment Zone Act. The policy will outline threshold requirements for participation in reimbursement agreements associated with HTRZ project areas. 3. HTRZ Implementation – If the HTRZ Committee approves the 200 West/900 South HTRZ proposal, taxing entity participation as established by the HTRZ Committee will be formalized and potential developer incentives will be considered. Page 7 ATTACHMENTS: A. Eligible HTRZ Locations Map B. Transit Station Map C. Guiding Framework Page 8 ATTACHMENT A: ELIGIBLE HTRZ LOCATIONS MAP Page 9 ATTACHMENT B: TRANSIT STATION MAP Page 10 ATTACHMENT C: GUIDING FRAMEWORK Page 11