Taylorsville Republican Rep. Jim Dunnigan’s House Bill 37 would create what’s called an affordable housing “density overlay.”
If it’s passed as drafted, cities and counties will be able to let developers build more density as long as those units are restricted for moderate income earners and owner-occupied for up to five years.
The density bonus, proposed at eight units per acre, would apply to any zone in the state where housing is allowed.
The bonus is optional, meaning governments don’t have to ask for more density if they don’t want to. But if they do, they’re allowed to deny projects that can’t deliver it.
A quirk of the law, according to Summit County Chief Civil Deputy Attorney Dave Thomas, is which income limits apply to the bonus housing.
“The [area median income] that they want to use is not specific to a county or city, but rather to a metropolitan area,” Thomas said during the Jan. 22 county council meeting. “So the fact that Summit County may have a higher AMI — we would be attached to, right now, Utah County. And so it would be that AMI; it would be a lower AMI.”
And a lower area median income means far lower rent than other housing projects around the Park City area.
It’s unclear if developers could turn a profit on that kind of affordable housing in Summit County, where the AMI for a family of four is more than $150,000.
HB37 hasn’t been introduced on the House floor yet. The House Political Subdivisions Committee must approve it first.
Sometimes Summit County takes a position on bills during the legislative session. It hasn’t taken a position on HB37 yet.
