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2b TIF #8 Affordable Housing CITYOF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Pho ne: 952.227.1100 Fax: 952.227.1t10 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: DATE: RE: Justin Miller, Assistant to the City Managercy,,,. July 7, 2003 t~. Code Amendment - Income Restrictions for Affordable Housing TIF District//8 BACKGROUND As part of the redevelopment agreement with Presbyterian Homes, the developer is making a percentage of their units affordable under Internal Revenue Code and State of Minnesota guidelines. Recent interpretations of Tax Increment Financing (TIF) statutes by the State Auditor's office have suggested that cities should incorporate affordability requirements into their ordinances. This code amendment will further clarify the affordability requirements for TIF District 4/8, which encompasses this project. The income requirements rmrror those in the redevelopment agreement, and are as follows: Percentage of Units 20% 5O% 10% 20% Median Income Level No more than 50% of the median income No more than 110% of the median income No more than 150% of the median income No income limitations These affordability requirements will apply to all housing developments in TIF District//8, which currently is set up only for the Presbyterian Homes project. RECOMMENDATION Staff recommends that the Chanhassen City Council adopt the attached code amendment relating to income limits for housing developments within Tax Increment Financing District 4/8. The City of ChanJ~assen ,, A 0rowing community wiih clean Iakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CHANHASSEN CITY CODE ESTABLISHING INCOME LIMITS FOR HOUSING DEVELOPMENTS WITHIN TAX INCREMENT FINANCING DISTRICT NO. 8 THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. The Chanhassen City Code is amended by adding the following new section to Chapter 11: Sec. 11.6. Income Limits for Housing Development in Tax Increment District No. 8. (1) Purpose. 1.01 1.02 1.03 1.04 In order to address and alleviate the shortage of decent, safe, and sanitary housing of persons of low or moderate income in Chanhassen, and to provide for other redevelopment opportunities, the Downtown Chanhassen Redevelopment Project Area and Tax Increment Financing District No. 8, both located in downtown Chanhassen have been created. The Chanhassen Economic Development Authority will be considering assistance to housing facilities located within the TIF District. Tax Increment Financing District No. 8 is a "housing district" under section 469.174, Subd 11 of the TIF Act. Accordingly, in compliance with the requirements of Section 469.1761, Subdivision of the TIF Act, the development must satisfy the income requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. This section is intended to establish and declare the income requirements for the development. (2) Income Limitation Requirements. 2.01 2.02 2.03 No more than 20 percent of the fair market value of the Minimum Improvements may be used for any purpose other than low and moderate income housing. At least 20 percent of the units must be reserved for persons whose income is no more than 50 percent of the median for the Twin Cities metropolitan area. An additional 50 percent of the units must be reserved for persons whose income is no more than 110 percent of the median for the Twin Cities metropolitan area.. JBD-232942v4 CH 135 -54 2.04 2.05 (3) 3.01 3.02 3.03 At least ten percent of the units are reserved for persons whose income is no more than 150 percent of the median for the Twin Cities metropolitan area. Up to 20 percent of the units may be occupied or available for occupancy by any persons without regard to income limitations. Additional Requirements. The limits described in sections 2.02, 2.03 and 2.04 must be satisfied commencing with the date on which at least ten percent of the units are occupied. Income for calculation of the limit described in section 2.02 shall be adjusted for family size in accordance with section 142(d) of the Internal Revenue Code and related regulations. Income for occupants of Units described in section 2.03 need not be adjusted for family size, and shall be based on the statewide gross income for a family of four. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this of Chanhassen, Minnesota. day of June, 2003, by the City Council of the City ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor JBD-232942v4 CH135-54