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Millcreek Together Code Update I Chapter 18.88 Affordable Housing v1 1 18.88 Affordable Housing 18.88.10 Purpose. A. The purpose of this Chapter is to determine how affordable housing incentives are applied and are intended to encourage the development of affordable housing. The provisions within this section are intended to facilitate the construction of affordable housing by allowing more inclusive development than would otherwise be permitted in the base zoning districts. Housing constructed using the incentives is intended to be compatible in form with the neighborhood and provide safe and comfortable places to live and play. 18.88.20 Applicability. A. This Chapter is applicable to all zones where residential development is allowed throughout Millcreek. B. For the purposes of this chapter, qualifying affordable income housing development must provide affordable housing to a specific target population with a household income less than or equal to 80 percent of Salt Lake County’s area median income (AMI) for a time period of at least 30 years, and must be the recipient of a low-income housing tax credit or other public funding. 18.88.30 Affordable Housing Income Types and Scale A. Affordable Income Housing Types 1. "Very Low-income housing" means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 30% of the median gross income for households of the same size in the county in which the housing is located. 2. "Low-income housing" means housing occupied or reserved for occupancy by households with a gross household income Between 30% - 50% of the median gross income for households of the same size in the county in which the housing is located. 3. "Moderate income housing" means housing occupied or reserved for occupancy by households with a gross household income Between 50% - 80% of the median gross income for households of the same size in the county in which the housing is located. B. Affordable Housing Scale Type 1. Completely Affordable. Complete means 100% of the units are deemed qualifying affordable income housing. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.88 Affordable Housing v1 2 2. Mixed Affordable. Mixed means at least 25% of the units are deemed qualifying affordable income housing. 18.88.40 Incentive Types for Qualifying Affordable Housing Developments Table 18.88.40 Incentive Types Table 18.88.30 Incentive Types Incentive Description Limitations and Restrictions Density Bonus Allowance for increased number of residential units a. Does not apply in A-1, R-1, and R-2 Zones. b. A maximum increase in density of 10% for Completely Affordable developments. c. A maximum increase in density of 5% for Mixed Affordable developments. d. Additional units due to increase must meet all off- street parking requirements. Increased Building Elevation Allowance for increased building elevation a. Developments located in the A-1, R-1 and R-2 Zones, a maximum increase of building height up to 5 feet for Completely or Mixed Affordable developments. Developments must meet all other requirements of the zone. b. Developments located in the MD or C Zones, a maximum increase of building height to 100 feet for Completely Affordable developments. c. For developments located in the MD or C Zones, no increase of building height to 100 feet for Mixed Affordable developments, unless 100% of affordable units are deemed Very Low income. d. Developments located in R-4 or RM Zones, a maximum increase of building height up to an additional 10 feet for Completely Affordable developments and 5 feet for Mixed developments. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.88 Affordable Housing v1 3 18.88.50 General Standards of Applicability A. The use and development of Affordable Housing is also subject to other applicable chapters in the zoning ordinance, including all health codes, building codes, and engineering standards, etc. Open Space Reduction Allowance for an open space reduction a. Does not apply in A-1, R-1, and R-2 Zones. b. Developments located in the MD or C Zones, a reduction of required open space up to 20% for Complete developments. c. Developments located in the R-4 or RM Zones, a reduction of required open space up to 10% for Mixed Affordable developments. Ground floor commercial requirements waived Waiving of ground-floor commercial requirements where Mixed-Use developments are required a. Does not apply in A-1, R-1, and R-2 Zones. b. Does not apply to developments located within 300 feet of a major intersection. c. Developments located in the R-4, RM, MD, or C Zones; ground floor commercial is waived 100% for Completely Affordable developments, subject to specific use standards or limitations of the zone. Fee Waiver Waiving of development fees a. Developments located in the R-4, RM, MD, or C Zones, 100% of development fees are waived for Completely Affordable developments, where a minimum of at least 50% of the affordable units are deemed Low Income or Very Low income. b. Developments located in the R-4, RM, MD, or C Zones, 50% of development fees are waived for Mixed Affordable developments, where a minimum of at least 50% of the affordable units are deemed Low Income or Very Low income. Streamlined Application Process Accelerated review process a. Completely Affordable and Mixed Affordable developments located in the RM, MD or C Zones are a permitted use, subject to attending a DRC, site plan review and specific use standards or limitations of the zone. Parking Reduction Allowance for a reduction in the minimum parking requirements See MKZ Chapter 18.XX.XX ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.88 Affordable Housing v1 4 B. Standards in other chapters may apply. In the event there is language elsewhere in MKZ 18 that conflicts with language in this chapter, the more restrictive standard prevails. C. In any rezoning process, a development agreement shall be required at the sole discretion of the City. “Development Agreement" means an agreement negotiated and entered into by the City with a property owner and/or developer, pursuant to a proposed development within the City. The Agreement must specify and describe the proposed development through text, site plans and elevations detail the amenities and other benefits being provided to the City and its residents utilize a development agreement form approved by the City. Affordable Housing Approval Process and Procedures. A. All requirements of this title shall apply. B. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a zoning incentives application and provide the following information: 1. The applicant' s name, address, telephone number and interest in the property to which the incentives shall apply. 2. The owner' s name, address, and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application. 3. The street address, tax parcel number and legal description of the subject property. 4. The zoning classification, zoning district boundaries and present use of the subject property. 5. A site plan illustrating the location of all proposed buildings and structures, accessory, and principal, showing the number of stories and height, dwelling type, if applicable, major elevations and the total square footage of the floor area by proposed use and any additional information required for site plan review set forth in 19.02.080 (Site Plans And Building Elevations Required; Contents). 6. The total number of dwelling units in the project, the number of affordable units, the number of bedrooms in the affordable units, the location of the affordable units, and level of affordability; and 7. Any additional information required by the Planning Director to demonstrate compliance with the requirements of this chapter, as applicable. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.88 Affordable Housing v1 5 C. Following the submittal of a complete zoning incentives application, the applicant shall submit the required application and documentation needed to schedule a development review team (DRT) meeting. All requirements and conditions established from the (DRT) shall be completed by the applicant prior to obtaining preliminary approval. D. Preliminary approval shall authorize the preparation, filing and processing of applications for any permits or approval that may be required by the city, including, but not limited to, a building permit. No permits shall be issued until final approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a period of one year.