housing transportation
⢠IMPLEMENTATION IS A STAGE TWO FIGHT
⢠PARKING
⢠COMPREHENSIVE PLAN ā Updates required to allow for changes
⢠DEVELOPMENT REGULATIONS
⢠ALL AT ONCE?
⢠Result - NO
⢠CORRIDORS PRIORITIZED
⢠But what about the single-family areas and less dense multifamily areas?
⢠Consider the impetus behind a lot of the recommendations.
OBSTACLES AND CHALLENGES
⢠A local government cannot regulate the use, density, or height of an affordable housing development if project is:
⢠Multifamily or mixed-use residential in any area zoned for commercial, industrial, or mixed use;
⢠At least 40% of units are affordable for households up to 120% AMI for at least 30 years
⢠If mixed-use, at least 65% is residential
⢠Local government cannot require a development authorized under this preemption to obtain a zoning/land use change, special exception, conditional use approval, variance, or comp plan amendment for use, density, or height.
⢠Does not preempt site requirements.
⢠Setbacks
⢠Parking
⢠Concurrency
⢠Max lot coverage
⢠Etc.
THE LIVE LOCAL ACT
Does it really matter?
1. 40% rule ā High threshold, butā¦current legislation as written DOES NOT require certain percentages based on AMI other than 120%.
2. What about what we have here?
Itās conditional, so itās opt-in.
THE LIVE LOCAL ACT
Itās important to consider that the Live Local Act is based onāby-rightā qualities.
So, the below is a parallel structure
THE LIVE LOCAL ACT
1. Local option affordable housing property tax exemption
2. Nonprofit land used for affordable housing with a 99-year ground lease
3. āMissing middleā property tax exemption
Live Local Act:
⢠Authorizes local governments to provide property tax exemptions for specified affordable housing developments.
⢠Eligible developments:
⢠Contain at least 50 or more units
⢠At least 20% of the units must be affordable to households at or below 60% AMI
⢠Tax exemptions only apply to the affordable units
⢠Property tax exemptions allowed are based on % of affordability
⢠<100% of the units are affordable = up to 75% property tax exemption:
⢠100% of the units are affordable = up to 100% property tax exemption
THE LIVE LOCAL ACT
⢠Property tax exemption applies to land owned entirely by a nonprofit -
1. 99 years minimum lease
2. Provide affordable housing for households up to 120% AMI ⢠Square footage of the improvements on the land for affordable housing must be greater than 50% of all the square footage of the improvements ⢠Tax exemption is for the land only ā not the improvements
THE LIVE LOCAL ACT
Missing Middle
1. Provides a property tax exemption to ānewly constructedā multifamily developments with more than 70 affordable units for households up to 120% AMI
2. Tax exemption only applies to the affordable units
3. Tiered property tax exemptions:
⢠Units affordable to 80-120% AMI = 75% property tax exemption
⢠Units affordable to <80% AMI = 100% property tax exemption
THE LIVE LOCAL ACT ā¢
1. Rezoning aspects within our report should probably be adjusted slightly
2. Emphasis on this approach should reiterate what is āopt-inā and what are āby-rightā aspects, and consider form- based aspects/qualities
3. Setting up this system is complementary to Live Local Act
4. Further tie-ins available now with tax abatement/incentives
TAKEAWAYS