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Council Provided Information - 12/12/20231 BOARD STAFF REPORT THE REDEVELOPMENT AGENCY of SALT LAKE CITY TO:RDA Board Members FROM: Allison Rowland Budget & Policy Analyst DATE:December 12, 2023 RE: INFORMATIONAL: PROPOSED HOUSING AND TRANSIT REINVESTMENT ZONE (HTRZ) TAX INCREMENT REIMBURSEMENT POLICY ISSUE AT-A-GLANCE The Board will receive a third briefing on a proposed new tax increment policy for areas known as Housing and Transit Reinvestment Zones (HTRZs). State law recently changed to allow municipalities to establish HTRZ project areas near public transit facilities to encourage mixed-use, affordable housing development and increase public transit use. Taxing entities would continue to receive the same amount of tax revenue that was generated before the creation of the HTRZ, and a share of the growing tax receipts can be used by the City to help fund increased infrastructure, other transportation needs, and water conservation in the area. RDA staff recommends that the Board adopt a policy specific to HTRZ tax increment because these zones are subject to different requirements and regulated by a separate section of State Code than traditional project areas. Goal of the briefing: Review proposed modifications to existing tax increment policy and consider adopting the HTRZ Tax Increment Reimbursement Program Policy. ADDITIONAL INFORMATION A.Background. The HTRZ tax increment policy would serve as policy guidance for negotiation and distribution of revenue among specific projects for any applications approved by the State. The RDA may provide project developers a tax increment reimbursement for improvements in an HTRZ that comply with this policy, the HTRZ Act, as well as the goals outlined in the interlocal agreement between the RDA and Salt Lake City Corporation, and the RDA’s Mission and Values. These developments must also provide significant public benefit. The Board reserves the right to modify or deny a tax increment reimbursement application at any time for any reason. Item Schedule: Briefing: December 12, 2023 Set Date: n/a Public Hearing: n/a Potential Action: December 12, 2023 Page | 2 B.Project Thresholds. Two different thresholds would apply, depending on whether a project would incorporate housing or not. 1.Projects that Incorporate Housing. To be eligible for HTRZ tax increment revenue, projects must comply with all of the following. Additional requirements for affordable housing are found in section C, below. a. meet all applicable standards and objectives of the HTRZ Act and the approved HTRZ. b. include at least 10% of housing units that are affordable to those earning 60% of the Area Median Income (AMI) or less. Alternatively, 20% of units must be affordable to those earning 80% AMI and below. Income averaging of units within a single project is permitted to achieve AMI thresholds. c. include activated ground floor space (a minimum of 50% of all ground floor, street-facing building facades), or a private residence. d. comply with the RDA’s Sustainable Development Policy. e. provide sufficient evidence that tax increment funding is necessary for the project to succeed and to verify that the request is reasonable. ➢Policy Question: The Board may wish to ask RDA staff whether the livability benchmarks in the next section should be included in this list. 2.Threshold Requirements of Projects that Do Not Incorporate Housing. These projects would be required to: a. meet all applicable standards and objectives of the HTRZ Act and the approved HTRZ. b. meet at least two of the RDA’s qualifying livability benchmarks: •permanent job creation •affordable commercial spaces •home ownership •transportation opportunities •neighborhood safety •community engagement and support •public art •public space •walkability •building preservation, rehabilitation, or adaptive reuse. ➢Policy Question: In the past, Board Members have discussed whether all of the qualifying livability benchmarks should be given equivalent weight in terms of their expense and effects on livability. RDA staff could be asked to provide additional information on this topic. c. include activated ground floor space. d. comply with the RDA’s Sustainable Development Policy. e. provide sufficient evidence that tax increment funding is necessary for the project to succeed and to verify that the request is reasonable. C.Affordable Housing Requirements. 1.Deed Restriction. A restriction would require continued use of the specified units as affordable housing for at least 30 years. Both rent and income restrictions would be included. ➢Policy Question: The recently adopted Thriving in Place plan recommends that deed restrictions for affordable housing be set at 99 years or, if possible, in perpetuity. Page | 3 Would the Board like to discuss whether to raise HTRZ deed-restrictions to reflect this longer period instead? 2.Bedroom Count Mix. The affordable units must be located on different floors of the building and be spread among bedroom counts (1-bedroom, 2-bedroom, 3-bedroom, etc.) in the same proportion as the units available within the rest of the project. D.Tax Increment for Participating Projects. 1.Maximum Reimbursement Rate. A project which meets only the threshold criteria listed above would be eligible to receive 60% of the tax increment collected on the property. Another 10% of tax increment could be added for incorporating any of elements listed below, up to a limit of 90%. a. Adding qualifying livability benchmarks (see section B2b, above) to the project beyond the threshold requirements. b. Providing an additional 10% of total affordable units at 60% AMI and below beyond the Threshold Requirements. c. The inclusion of 3- and 4-bedroom units in projects that incorporate housing. d. Meeting a priority identified in the RDA’s Annual Housing Funding Strategy established pursuant to the Housing Allocation Funds Policy. ➢Policy Question: Board Members may wish to discuss whether each of the qualifying livability benchmarks should be given equivalent weight (in terms of their expense and effects on livability) as the other three elements (b,c, and d). RDA staff could be asked to provide additional information on this topic. 2.Reimbursement Terms. The State mandates the proposed maximum HTRZ terms depending on the type of transit in the area. It is the lesser of 15 years for a light rail or bus rapid transit station and 25 years for a commuter rail station, or the total remaining collection years on the project parcels. 3.Maximum Reimbursement Amount. The maximum reimbursement amount would be negotiated based upon a project’s eligible costs, level of public benefits, and demonstrated financial need, consistent with the HTRZ and HTRZ Act. 4.Maximum Term: The reimbursement term would be negotiated based upon a project’s level of public benefits and demonstrated financial need and shall be consistent with the HTRZ Act. H T R Z T A X I n c r e m e n t r e i m b u r s e m e n t P O L I C Y RDA Board December 12, 2023 Policy specific to the distribution of tax increment in Housing & Transit Reinvestment Zones (HTRZs) Establishes minimum housing affordability and public benefit thresholds RDA Board must approve tax increment reimbursement requests Updated CRA policy to come POLICY OVERVIEW N E I G H B O R H O O D V I B R A N C YECONOMIC O P P O R T U N I T Y E Q U I T Y + I N C L U S I O N V A L U E S Leveraging Timeliness Return of Investment Permanent Job Creation & Retention Affordable Commercial Spaces Ownership Transit Opportunities Mixed-Income Neighborhoods Neighborhood Safety Community Engagement & Support Housing for Everyone Displacement Mitigation Affordable Housing Preservation Public Space Public Art Architecture & Urban Design Sustainability Walkability Building Preservation, Rehabilitation, & Adaptive Reuse Missing Middle & Unique Building Types We prioritize people-focused projects and programs that encourage everyone to participate in and benefit from development decisions that shape their communities. We cultivate distinct and livable built environments that are contextually sensitive, resilient, connected, and sustainable. We invest in the long-term prosperity and growth of our local economy. L I V A B I L I T Y B E N C H M A R K S