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4. Proposed Housing Plan & Program 11% I CITY OF 1 CHANHASSEN , ,,,„. _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager 1 FROM: Todd Gerhardt, Administrative Assistant V 1 DATE: November 4 , 1988 SUBJ: Public Hearing for Proposed Housing Plan and Program 1 The City Council on June 13 , 1988, approved the Housing Plan and Program for the Chanhassen Heritage Square Apartments . Since that time, the partnership has changed its name from "Heritage 1 Square Investors Limited Partnership" to "Heritage Park Apartments Limited Partnership" . Due to this change, the City Council is being asked to amend their resolution to read that the developer of the project will be Heritage Park Apartments Limited Partnership. The partnership is not requesting any changes within the Housing 1 Plan or Program. Staff will also be notifying the Housing and Redevelopment Authority of this change. Attached for the City Council' s review is the amended resolution (see Attachment #1) . RECOMMENDATION Staff recommends approval of the amendment of the resolution approving the Housing Revenue Bond Program and Housing Plan for the construction of the Chanhassen Heritage Park Apartments. ATTACHMENTS 1 . Amended Resolution. 2 . City Council minutes dated June 13 , 1988. 3 . Staff report dated June 13 , 1988 . PO•! 04 == 16: 1,9 HOLME'=' - =t. 1'•iE l IF. •r CITY OF CHANHASSEN, MINNESOTA RESOLUTION NO. , Authorizing the issuance of the City of Chanhassen, Minnesota, Multifamily Housing Development Revenue Bonds (FHA Insured Mortgage Loan-Heritage Park Apartments Project) Series 1988. WHEREAS, the City of Chanhassen (hereinafter the "City") is duly organized ' and existing as a statutory city under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapters 462A and 462C, as amended (the "Acts"), the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to defray, in whole or in part, the development costs of a rental housing development, and by entering into any . agreements made in connection therewith and pledging them as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, to provide a means of financing the cost of a rental housing development that will provide decent, safe and sanitary housing for low and moderate income residents of the City, including elderly persons, at rents they can afford, and further to provide for and promote the public health, safety, morals and welfare and to provide for efficient and well-planned urban growth and development, including the elimination and prevention of potential urban blight, and the proper coordination of industrial facilities with public services, mass transportation and multifamily housing developments which constitute valid public purposes for the issuance of revenue bonds under the Acts, the City has developed a program (the "Program") with respect to the issuance by the City of its revenue bonds pursuant to the Acts to finance the acquisition and preparation of a site and the construction of a multifamily rental housing development located in the City and containing approximately 60 units (the "Project"); and WHEREAS, the City developed a Housing Plan pursuant to and in conformity with the Acts and adopted the Housing Plan after a public hearing thereon after one publication of notice in a newspaper circulating generally in the City; and WHEREAS, the Program, an individual component of the Housing Plan ' pursuant to which the issuance of the housing revenue bonds of the City was proposed, was developed by the City and made a part of the Housing Plan; and WHEREAS, the City Council of the City adopted the Program by the passage of Resolution No. 88-58 on June 13, 1988; and WHEREAS, the Acts require review of the Program by the Minnesota ' Housing Finance Agency (the "Agency"); and WHEREAS, the Program was submitted to the Agency and the Agency did , not reject the Program; and I 1 N,DY C4 WHEREAS, pursuant to the Acts and the Indenture (as hereinafter defined), the City proposes to undertake the Program and for the financing thereof, to I authorize, issue and sell its housing revenue bonds, described below (the "Bonds"); and WHEREAS, the Developer (as hereinafter defined) has proposed to secure the Bonds by a FHA Mortgage and a Purchase Payment Agreement from the Developer to the hereinafter defined Trustee; and ' WHEREAS, neither the State of Minnesota nor any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged in the Indenture) shall be liable on the Bonds, and the Bonds shall not be a debt of I the State of Minnesota or any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged in the Indenture), and in any event shall not give rise to a charge against the general credit or taxing power of ' the City, the State of Minnesota, or any political subdivision thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHAMPLIN, MINNESOTA: Section 1. The City acknowledges, finds, determines, and declares that the preservation of the quality of life in the City is dependent upon the maintenance, I provision, and preservation of an adequate housing stock which is affordable to persons and families, including elderly persons, of low or moderate income, that accomplishing this is a public purpose, and that many would-be providers of housing units in the City are either unable to afford mortgage credit at present market rates of interest or are unable to obtain mortgage credit because the mortgage credit market is severely restricted. I Section 2. The City further finds, determines, and declares that it is in the best interest of the City that it (1) issue its Multifamily Development Revenue Bonds (FHA Insured Mortgage Loan-Heritage Park Apartments Project), Series 1988 in an aggregate principal amount not exceeding $2,930,000 (the "Bonds" or "Series 1988 Bonds"), (2) provide for the use of the Series 1988 Bond proceeds by the City to make a loan (the "Loan") to Heritage Park Apartments Limited Partnership, a Minnesota limited partnership (the "Developer") in accordance with the provisions of a Loan Agreement, dated as of November 1, 1988, by and between the Developer and the City (the "Loan Agreement") and (3) to provide for the use of the proceeds of the Bonds and the security of the holders of the Bonds pursuant to the terms of an Indenture of Trust, dated as of November 1, 1988 (the "Indenture"), by and between the City and First Trust National Association, as trustee (the "Trustee"), all pursuant to the Program in order to provide affordable housing to persons and families of low and moderate income. Section 3. For the purpose of financing the Program there is hereby authorized the issuance of the Series 1988 Bonds in an amount not exceeding $2,930,000. The Bonds shall be dated as of November 1, 1988 and mature and bear interest from the dated date payable semiannually in arrears on January 1 and July 1 of each year, commencing January 1, 1989, in the amounts set forth in the Indenture. The Bonds shall 5e issued only upon receipt by the City of an allocation of bonding authority from the :Minnesota Department of Trade and Economic Development in an amount sufficient to issue the Bonds and upon the expiration of the thirty-day review period provided to the Agency under the Acts and the failure by the Agency to reject the Program within said review period. 2 HOV 04 '08 16:40 HOL lE =.4 The Bonds shall be in such denomination, shall be numbered, shall be subject to , redemption prior to maturity, shall be in such form and shall have such other details and provisions as are prescribed by the Indenture and the Official Statement hereinafter referred to Section 4. The Bonds shall be special obligations of the City payable solely from the revenues of the Program and other amounts included in or derived from the trust estate described in the Indenture. The Bonds do not constitute an indebtedness, liability, general or moral obligation (except to the extent of the trust estate pledged under the Indenture) or a pledge of the faith and credit or any taxing power of the City, the State of Minnesota, or any political subdivision thereof. The City hereby authorizes and directs the Mayor of the City (the "Mayor") and the City Administrator of the City (the "Administrator") to execute, on behalf of and under the corporate seal of the City, the Indenture, and to deliver to the Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall set forth the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the City, and the Trustee. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof, The Indenture shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and Administrator, in their discretion, shall determine, including, without limitation, a reduction in some or all of the rates of interest for the various maturities; provided that the execution thereof by the Mayor and Administrator shall be conclusive evidence of such determination. 1 Section 5. The Mayor and the Administrator are hereby authorized and directed to accept the offer of Piper, Jaffray & Hopwood Incorporated (the "Underwriter") contained in the Bond Purchase Agreement, dated as of or prior to the date of issuance of the Bonds (the "Bond Purchase Agreement"), to execute the Bond Purchase Agreement on behalf of the City under the corporate seal of the City, and to deliver the Bond Purchase Agreement to the Underwriter. All of the provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect eet from the date of execution and delivery thereof. The Bond Purchase Agreement be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and Administrator in their discretion, shall determine; provided that the execution thereof by the Mayor and the Administrator shall be conclusive evidence of such determination. Section 6. The Mayor and Administrator are hereby authorized and directed to execute and deliver the Loan Agreement and, when executed and delivered as authorized herein, the Loan Agreement shalt be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 3 1 Mayor and Administrator in their discretion, shall determine; provided that the execution thereof by the Mayor and the Administrator shall be conclusive evidence of such determination. Section 6. The Mayor and Administrator are hereby authorized and directed to execute and deliver the Loan Agreement and, when executed and delivered as authorized herein, the Loan Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary variations, omissions and insertions as do not materially affect the substance of the transaction and as the Mayor and Administrator, in their discretion, shall determine; provided that the execution thereof by the Mayor and Administrator shall be conclusive evidence of such determination. Section 7. In order to provide for the continuing operation of the Project within the limitations set forth in the Indenture and the Loan Agreement, the Mayor and Administrator are hereby authorized and directed to execute and deliver ' the Regulatory Agreement, dated as of November 1, 1988 (the "Regulatory Agreement") between the City, the Trustee and the Developer and, when executed and delivered as authorized herein, the Regulatory Agreement shall be deemed to ' be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and Administrator, in their discretion, shall determine; provided that the execution thereof by the Mayor and Administrator shall be conclusive evidence of such determination. The City Council of the City further approves the form of the Declaration of Restrictive Covenants, dated as of November 1, 1988, to be executed by the Developer and filed against the Project in order to establish the limitations set forth in the Regulatory Agreement as covenants running with the land on which the Project will be located. Section 8. The Mayor and the Administrator are hereby authorized and directed to execute and deliver the Arbitrage Rebate Agreement, dated as of ' November 1, 1988 between and among the City, the Developer and the Trustee (the "Arbitrage Rebate Agreement") on behalf of the City under the corporate seal of the City. All of the provisions of the Arbitrage Rebate Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Arbitrage Rebate Agreement shall be substantially in the form on file with the City on the date hereof, and is hereby approved, with such necessary and appropriate variations, omissions, and insertions as do not materially affect the substance of the transaction and as the Mayor and Administrator in their discretion, shall determine; provided that the execution thereof by the Mayor and the Administrator shall be conclusive evidence of such determination. 1 4 I Section 9. The City Council of the City hereby approves the forms of the FHA Note, FHA Mortgage and Purchase Payment Agreement to be executed by the Developer to the Trustee, to provide additional security for the repayment of the Bonds. The City Council of the City further approves the form of the Partner Payment and Security Agreement to be executed by each Partner of the Developer to secure the Developer's obligations under the Purchase Payment Agreement. Section 10. All covenants, stipulations, obligations, representations, and agreements of the City contained in this resolution or contained in the Indenture, Loan Agreement, Regulatory Agreement, Bond Purchase Agreement or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement or other documents referred to above shall be exercised or performed by the City, or by such members, officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the City in that person's individual capacity, and neither the members of the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general obligation of the City or any charge upon its 111 general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in the Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement, the Bonds or in any other document related to the Bonds, the City has not obligated itself to pay or remit any funds or revenues, other than the trust estate described in the Indenture. Section 11. Except as herein otherwise expressly provided, nothing in this ' resolution or in the Indenture, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City, the holders of the Bonds, the Trustee, and the Developer to the extent expressly provided in the Indenture, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof, this resolution, the Indenture and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, the holders from time to time of the Bonds issued under the provisions of this resolution and the Indenture, and the Developer to the extent expressly provided in the Indenture. Section 12. In ease any one or more of the provisions of this resolution or of the Indenture or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of 1 5 this resolution or of the Indenture or of the Bonds, but this resolution, the Indenture, and the Bonds shall be construed as if such illegal or invalid provision ' had not been contained therein. The terms and conditions set forth in the Indenture, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Bonds ' pursuant to and under the Indenture, and the application of all revenues, collateral, and other monies are all commitments, obligations, and agreements on the part of the City contained in the Indenture, and the invalidity of the Indenture shall not affect the commitments, obligations, and agreements on the part of the City to ' create such funds and to apply said revenues, other monies, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the ' part of the City are as binding as if contained in this resolution separate and apart from the Indenture. ' Section 13. The City Council of the City, officers of the City, and attorneys and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution and the Indenture and the other documents referred to above for the full, punctual, and ' complete performance of all the terms, covenants, and agreements contained in the Bonds, the Indenture and the other documents referred to above, and this resolution. Section 14. The City hereby consents to the use by the Underwriter in connection with the sale of the Bonds of the Official Statement, substantially in the form on file with the City; provided that the Mayor may consent to such variations, omissions, and insertions as are not materially inconsistent with the form on file with the City on the date hereof. The Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Bonds. Section 15. The Mayor and Administrator are authorized and directed to ' execute and deliver any and all certificates, agreements or other documents which are required by the Indenture, the Loan Agreement, the Bond Purchase Agreement, or the Regulatory Agreement, or any other certificates or documents which are deemed necessary by bond counsel to evidence the validity or enforceability of the Bonds, the Indenture or the other documents referred to in this resolution, or to evidence compliance with Section 142(d) or Section 148 of the Internal Revenue Code of 1986, as amended; and all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the City. ' Section 16. If for any reason the Mayor is unable to execute and deliver those documents referred to in this resolution, any other member of the City Council of the City may execute and deliver such documents with the same force 1 and effect as if such documents were executed by the Mayor. If for any reason the Administrator of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed and delivered by any other officer of the City or member of the City Council with the same force and effect ' if such documents were executed and delivered by the Administrator of the City. Section 17. All costs incurred by the City in connection with the issuance, sale and delivery of the Bonds and the execution and delivery of the Indenture, the ■ I Loan Agreement, the Regulatory Agreement or the Bond Purchase Agreement or 1 any other agreement or instrument relative to the Bonds, whether or not actually issued or delivered, shall be paid by the Developer or reimbursed by the Developer to the City. , Section 18. This resolution shall be in full force and effect from and after its passage. Adopted by the City Council on November 7, 1988. Mayor ATTEST: City Administrator ' 1 1 1 I I 1 146 I `City Council Meeting - June 13, 1988 I Whenever the City Council or on a temporary emergency basis, the City Manager or I Fire Chief shall determine that a shortage of water supply threatens the city, it may by resolution limit the use, times, and hours during which water may be used from the city water supply system. IIAll voted in favor and the motion carried. Ilg:PUBLIC HEARING: PROPOSED HOUSING PLAN AND PROGRAM. Mayor Hamilton called the Public Hearing to order. Being there were no comments 11 from the public, Mayor Hamilton asked for a motion to close the public hearing. Councilman Geving moved, Councilman Horn seconded to close the public hearing. All voted in favor and the motion carried. II Councilman Boyt: A good bit of this may be more relevant to item 14 and if it is, just tell me and I'll be happy to wait until then. I think that we have to do this in the context that we're living with a school system that refuses to acknowledge that they're going to have increased class sizes. Along with that, ' if we just accept that as a given for a second, then I think the other thing that we have to look at is that we're actually subsidizing some housing and if we're going to subsidize the housing, I think we should insist upon the very Ibest construction and to me that includes a building exterior. It includes the relative sound proofing of the building and I think the issue of fire resistance is important but that's been addressed. So there's really two issues that I think are in our control that need to be addressed as we look at this whole Iplan. One of those is that we're building the best possible building that we're going to be happy to see there for the foreseeable future. I guess incorporated in that is that the building be as quiet as possible, which is always an issue Iin an apartment building. Mayor Hamilton: So you're saying that there perhaps should be different standards for housing of this type than for anybody else? IICouncilman Boyt: I'm saying if we're putting the City's money into it, I want , to put the City's money into the best possible project. I think it gives us Isome leverage. Mayor Hamilton: In other words, use potentially different standards for this Itype of building than for others? I guess I would see some problems with that. Don Ashworth: The Housing and Redevelopment Authority has placed a priority on IIthe housing project for the past two years. One of the difficulties has been financing. Financing for any type of a housing project is very, very difficult at this point in time. One of the vehicles that was found to potentially help them, or there are two vehicles. One is by obtaining tax exempt financing and to obtain tax exempt financing you need to designate at least 20% of the units as elderly and low and moderate income. That subsidy is really coming from the federal government in terms of the lower bond sale. The City is taking no risk II on those bonds. They are in no way pledged by the good faith of the community. The second form of subsidy that's being provided is from the Housing and v*r MI 16 /44 ea #i7" :377 1 City Council Meeting - June 13, 1988 I Redevelopment Authority and it represents an amount being offered to the developers to insure that x number of those units, in this case 12, would in fact receive a $200.00 per month subsidy. To the extent that that falls within the pervue of the City Council, I'd almost have to ask the City Attorney. I think though that the Council has authority in terms of the general powers to approve or deny the request for the federal subsidy which is really again, not something directly out of our pocket. In other words, through the lower interest rate. The third point though, as I believe the answer will really came in item 14. I think the developer is prepared to stand in front of you and to go through the quality of construction that they are proposing. This also is an issue that the HRA will be addressing this next Thursday night. Councilman Horn: Just a concern. What typically happens, as we found out when ' we've gone through governmental agencies to get assistance on things, they sound like a good deal up front but there are so many restrictions going in that you end up spending more money than what you get back from it. I want to be careful that this doesn't become that type of a program. That we put so many restrictions on it that no one would ever use it. We looked into HRA type of subsidized housing before when we had the economic housing crunch going on as a means to develop this city and we asked all of the developers to come in and we talked about a program to set that up. None of them were interested. They didn't want to get involved in a government type of subsidize even though it wasn't what we consider the typical subsidized housing. They didn't want to be involved in a government program because of the concern over escalating costs once they got into it. Just like our Lake Riley Chain of Lakes things. The further you get into these programs, the more restrictions keep escalating. I think we have to be very careful not to contribute to that. Don Ashworth: If there is any concern that the quality of construction is not going to be at the level that you want, maybe you should table the item until you hear number 14. If you approve this and then end up trying to deny 14 because of architectural concerns that you have, I think you'd have a problem. Councilman Boyt: So you're really saying vote against this if we've got any architectural concerns? Don Ashworth: No. , Councilman Geving: Just to do item 14 first. Councilman Boyt moved, Councilman Geving seconded to table action on the proposed housing plan and program until item 14 has been discussed. All voted in favor and the motion carried. REVIEW LANDSCAPING PLAN, CURRY FARMS ADDITION. Mayor Hamilton: I think we've looked at this many times. You received a letter from the Kerber's this afternoon. Perhaps each of you had an opportunity to look at it. Do you have any comments Barb on the comments made by the Kerbers? Barbara Dacy: I haven't received the letter yet that you're referring to. ' 17 1 I I .„.:.,--: CITY OF -- ...,4 -:‘ CHANHASSEN , . Il , , L.., �''' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ;;i (612) 937-1900 ,clY•„ IT A,l t T'...) �r.'t V" MEMORANDUM m:,. ...__ 5cted..�_•TO Don Ashworth, City Manager _ ".. , " ---°---,, coim-nissim P FROM: Todd Gerhardt, Administrative Assistant J [ li DATE: June 13 , 1988 y, ?- - SUBJ: Public Hearing for Proposed Housing Plan and Program IIOn April 25 , 1988 , the City Council adopted a resolution i establishing June 13 , 1988 at the public hearing date for the II proposed Housing Plan and Program. Attached for the Council' s review is the proposed Housing Plan and Program prepared by Ron Batty from the LeFevere Law Firm. Staff has reviewed each of the II documents and feel that both plans meet the intent of the Housing and Redevelopment Authority action. Recommendation IIStaff recommends approval of the Housing Revenue Bond Program and Housing Plan for construction of the Chanhassen Heritage Square Apartment complex. 1 Il .Attachments 1 . Staff report dated April 21, 1988 . 2 . Council minutes dated April 25 , 1988. 3 . Proposed Housing Plans and Programs. II ._ /Pia WW1a/t.i- --..._} , • I 1 hy-7---.4,Nes /el _ . 1 , .1 CITY OF r II r O . O 1:. _ I . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 .. _\._7-- , ,,4 (612) 937-1900 • rrbn by City Admtnisfrotdt, IMEMORANDUM - cl w_ TO: Mayor and City Council �"_`�_`—� FROM: Todd Gerhardt Adminis ,`+!�y/L/( ' trative Assistant IDATE: April 21, 1988 - - •- SUBJ: Resolution Establishing a Public Hearing Date for a- __%h4_/��' Proposed Housing Plan and Program i On March 24, 1988, the Chanhassen Housing and Redevelopment Authority came to agreement with the Chanhassen Downtown II Development Association regarding the construction of a sixty unit apartment complex in the downtown area. To make the housing project work, tax exempt bonds are required. These bonds are II solely backed by the rents from the apartment complex and cannot become a liability of the City of Chanhassen. The sale of these bonds is similar to the old industrial revenue bonds. On June 15, 1987, the City Council gave preliminary II for a 60 unit apartment building (see attachment #1) . If approval Council member would like to see the if spy preliminary site plans for II the porject, please call me prior to Monday night' s meeting. For Heritage Square Investor Limited Partnership to sell the E bonds, the City must incorporate a housing plan and program. Attached is the resolution establishing the date of June 13, 1988 III for the public hearing on the proposed Housing Plan and Program I and necessity to issue revenue bonds. I! Recommendation 1. Staff recommends approval of the resolution establishing June 13 , 1988, as the public hearing date for the proposed Housing Plan and Program,ram and to give preliminary approval for the issuance of bonds to finance the 60 unit apartment complex. Additionally, staff should be directed to prepare a Housing Plan I! and Program. 1 I. III If L I! If : . . /I CITY OF CHANHASSEN, MINNESOTA C if RESOLUTION NO. 1 It RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSED HOUSING PLAN AND PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C; 1 AUTHORIZING PUBLICATION OF NOTICE THEREFOR, AND GIVING PRELIMINARY APPROVAL TO A PROPOSAL FOR A PROJECT TO BE FINANCED THEREUNDER WHEREAS, Minnesota Statutes, Chapter 462C (the "Act"), authorizes a city to plan, administer and make or purchase a loan or loans to finance one or more i multifamily housing developments or the rehabilitation of multifamily housing Idevelopments after adoption of a housing plan; and WHEREAS, the housing plan must be considered at a public hearing held Rafter notice published at least thirty (30) days Y ( y prior to the date of said hearing I after which the housing plan may be adopted by resolution of the governing body of the city with or without amendment; and IWHEREAS, the Act requires that any such housing plan shall be submitted to the metropolitan council for its review and comment; and t I WHEREAS, the program for the issuance of bonds to finance a multifamily housing development must be considered at a public hearing after notice published 1 at least fifteen (15) days prior to the date of said hearing after which the program I may be adopted by resolution of the governing body of the city with or without amendment; and WHEREAS, the City of Chanhassen (the "City") has received a proposal from I Heritage Square Investors Limited Partnership, a Minnesota limited partnership (the "Developer") that the City adopt a program to issue its multifamily housing 1_ revenue bonds in an amount presently estimated not to exceed $3,000,000 (the P "Bonds") to finance the acquisition of land and construction of an approximately 60 unit multifamily rental housing development (the "Project") to be located at the Southwest corner of the intersection of Great Plains Boulevard and ChanView t Street; INOW, THEREFORE, BE IT RESOLVED BY THE f CITY COUNCIL OF THE L CITY OF CHANHASSEN, MINNESOTA, THAT: 1. The City Council of the City of Chanhassen (the "City") will conduct g a public hearing on the proposed housing plan on June 13, 1988 at 7:30 p.m. .. City g 2. The Cit Manager of the City hereby� y is hereb authorized to cause a public notice, substantially in the form of the notice attached hereto as Exhibit A, to be — published once in a newspaper of general circulation in the City at least thirty (30) days prior to the date established for the public hearing by the preceding paragraph of this resolution. L L L 3. The City Manager of the City is hereby authorized to proceed, in cooperation with the law firm of LeFevere, Lefler, Kennedy, O'Brien & Drawz with the preparation of the housing plan and program relating to the Project, for presentation to this City Council at the public hearing herein authorized. I 4. That the City Council of the City hereby preliminarily approves the proposal of the Developer for the financing of the Project through the issuance of IIII the Bonds, subject to the final approval of the terms of the Bonds and the related documents among the City, the Developer and the initial purchaser of the Bonds, to the compliance with all requirements under the Act, and to the receipt by the City Ili of an allocation of authority to issue the Bonds pursuant to Minnesota Statutes, Chapter 474A. Notwithstanding the foregoing, the preliminary approval granted I hereby shall not obligate or commit the City to issue the Bonds, and the City reserves the right at its discretion to withdraw or refrain from participating in the III financing of the Project at any time. I5. All fees and expenses incurred by the City in connection with the preparation of the housing plan and program for the issuance of the Bonds shall in any event be paid or reimbursed by the Developer. III ADOPTED: , 1988 ATTEST: ill I. - Mayor ICity Manager I I I I . .. ik I . IL 1111 I_ r, ii L II L L Ij L III 1 II I EXHIBIT A f ItNOTICE OF PUBLIC HEARING ON A HOUSING PLAN I UNDER MINNESOTA STATUTES, CHAPTER 462C, AS C AMENDED, INCLUDING A PROGRAM TO FINANCE A lit MULTIFAMILY HOUSING DEVELOPMENT. CITY OF CHANHASSEN, MINNESOTA I NOTICE IS HEREBY GIVEN that the City Council of the City of Chanhassen, Minnesota (the "City") will meet on June 13, 1988, at 7:30 p.m. at the li City offices in Chanhassen, Minnesota, for the purpose of conducting a public hearing on the adoption of a housing plan for the City prepared in compliance with Minnesota Statutes, Chapter 462C. The plan includes a program to finance the [ cost of a multifamily rental housing development consisting of the construction of a 60-unit multifamily rental housing development. The Developer of the Project will be Heritage Square Investors Limited Partnership, a Minnesota limited partnership, or its successors or assigns, which will own and operate the Project. The proposed Project will consist of the construction of a building and the installation of equipment in connection therewith for use as a 60-unit multifamily rental housing development. The site of the proposed Project is located on the southwest corner of the intersection of Great Plains Boulevard and Chan View Street in the City of Chanhassen. The size of the bond issue proposed for the Project is presently estimated not to exceed $3,000,000. The bonds shall be limited obligations of the City and the bonds and interest thereon shall be payable solely I from the revenues pledged to the payment thereof, except that such bonds may be secured by a mortgage and other encumbrance on the Project. No holder of any i_ such bonds shall ever have the right to compel any exercise of the taxing power of the City of Chanhassen to pay the bonds, or the interest thereon, nor to enforce payment against any property of the City except the Project. All persons interested may appear and be heard at the time and place set forth above. May 5, 1988 I_ it BY ORDER OF THE CITY COUNCIL OF THE CITY OF CHANHASSEN E I L I . ' E I. L II L L 0 L 1 I CERTIFICATION OF MINUTES iRESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSED HOUSING PLAN AND PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, iAND AUTHORIZING PUBLICATION OF NOTICE THEREFOR Municipality: City y of Chanhassen,uncil Minnesota _ Y I Governing bod : Cit Co IMeeting: A meeting of the City Council of the City of Chanhassen, Minnesota held on the day of 1988 at p.m. at 690 Coulter Drive, Chanhassen, IMinnesota. Members present: Members .. absent: 1 I Documents: A copy of a resolution adopted by the City Council of the City of Chanhassen at said meeting. Certification: - II, , City Manager of the City of Chanhassen, do hereby certify the following: IAttached hereto is a true and correct copy of a resolution on file and of record in the offices of the City of Chanhassen, which resolution was adopted by it the City Council at the meeting referred to above. Said meeting was a regular Imeeting of the City Council, was open to the public, and was held at the time and place at which meetings of the City Council are regularly held. Member moved the adoption of the attached resolution. The motion for I adoption of the attached resolution was seconded by Member A vote being taken on the motion, the following voted in favor of the resolution: • I I! 4 1 1 1!. L 1 .1111 L and the following voted against the resolution: Whereupon said resolution was declared duly passed and adopted. The attached resolution is in full force and effect and no action has been taken by the City Council of the City of Chanhassen which would in any way alter or amend the attached resolution. Witness my hand officially as the City Manager of the City of Chanhassen, Minnesota, this day of . , 1988. r L L r L y L I L . .,., .. . 1. . r...... ,...... ( . LAND DEVELOP:IENT APPLICATION CITY OF CHANHASSEII 690 Coulter Drive Chanhassen, MN 55317 1 (612) 937-1900 Chanhassen Downtown First American APPLICANT: Development Associates OWNER: Development Corporation IADDRESS P.O. Box 100 ADDRESS 5100 Eden Avenue S. , Suite 305 Chanhassen, MN 55317 Edina, MN 55436 TELEPHONE (Daytime) 934-1505 Zip Code TELEPHONE 929-2122 Zip Code REQUEST: • Zoning District Change ` Planned Unit Development IZoning Appeal Sketch Plan Zoning .t Sketch Preliminary Plan —'- Final Plan Zoning ,Text Amendment Subdivision ILand Use Plan Amendment Platting Conditional Use Permit Metes and Bounds I Street/Easement Vacation II Site Plan Review Wetlands Permit IPROJECT NAME Town Square Apartments PRESENT LAND USE PLAN DESIGNATION High Density Residential and Commercial IREQUESTED LAND USE PLAN DESIGNATION Same PRESENT ZONING CBD, R12 IREQUESTED ZONING Same 1 USES PROPOSED 60 Unit Apartment Building SIZE OF PROPERTY Approximately 2.5 Acres LLOCATION See Attached Site Plan REASONS FOR THIS REQUEST 1_ i I! I_ . • I! LEGAL DESCRIPTION (Attach legal if necessary) _ .... ...... L i.::.:._...... . ....._, L MAY 0 6 i:;57 I C17Y OF CHANHASSEM It I- City Council Meeting - June 15, 1987 1 6. The applicant shall enter into a development agreement with the City II and provide necessary financial sureties for completion of the improvements. • III 7. Submittal of an acceptable final drainage plan including calculations for review by the City, Watershed District, and DNR and compliance with all applicable conditions. lir 8. A homeowners association shall be established to maintain the cul-de- sac island. ill 9. A culvert shall be installed within the ravine to allow drainage and stabilization of the area. 10. The City Engineer must approve the design of the cul-de-sac island. All voted in favor except Councilman Johnson who opposed and motion carried. ;I PLANNED UNIT DEVELOPMENT TO CONSTRUCT A 60 UNIT APARTMENT BUILDING ON 2.5 I ACRES, LOCATED ON THE SOUTH SIDE OF CHAN VIEW, CHADDA AND FIRST AMERICAN DEVELOPMENT ASSOCIATION. Barbara Dacy: The Planning Commission recommended approval of the request i subject to six conditions as noted in the Staff update. Staff is requesting that an additional condition, a detail item that we overlooked, that all parking areas be lined with concrete curbing. Under the City Council section of the Staff Report, the proposed motion is left out and you just have the conditions there but that should read that should the Council wish to approve I the subdivision that they approve it subject to the 7 conditions that are on E Rage 7. I Councilman Johnson: On number 7 should we say all outdoor parking areas since L they have an indoor parking area and you don't need to put concrete curb in I - the basement? I like this. I like the looks of this and.,everything else. I wish all of our apartment complexes were as nice as this. ` Councilman Boyt: There was a comment raised at the Planning Commission about is_ II the fire protection and you indicated you are working with the Fire Marshall on that. Following what we just heard about the Eagan community, assure me L that we're not going to go through that. 11 Tom Zumwalde: I wish I could. I'm not sure what happened down at Eagan. It was a large complex and apparently something went ary out there. This L building, our intent is not to install sprinklers and that is fairly typical II in most apartment buildings. Typically the high rises are but not the 3 story. It is however, has fire walls, fire partitions, it has all the [.. elements required to make it a very safe building. Again, I'm not sure what happened out in Eagan. I hope nothing like that happens here. What I've heard on the news someone was barbequing. II 4 L 47 II I! City Council Meeting - June 15, 1987 1 Mayor Hamilton: It was a barbeque that tipped over on a balcony on the third ur1 floor and our ordinance already prohibits barbeques on apartment balconies. Councilman Boyt: I don't know that we're real well prepared to fight a fire I that's very high and I'm concerned. We're building this with a wood frame and II I watched one burn down when it was in construction and they go up real fast. Mayor Hamilton: Jim Chaffee who is our Fire Marshall could probably respond to your concern. Jim Chaffee: We have discussed this issue, or at least I've discussed this II I issue with the Fire Chief and Fire Inspector and we are considering and I don't know if we brought this up but requiring sand piping which would really help us out in any kind of fire. It would prevent any situation like happened II in Eagan and probably would not allow barbeques and charcoal grills on the balcony in this case. We are very concerned about that issue to make it as safe as possible. Councilman Boyt: My other question is the 60 foot space loss for retail. II Brad, since you're involved with both ends of this, maybe you can tell me a little about the consideration of that lost retail space. II1 Brad Johnson: You guys remember what the overall downtown plan was and we were going to extend the retail in a long line up and down the city. In the process we discovered one, that there may not be an immediate market for that type of space in that one location and in addition to that, we also needed to _ increase the amount of increments that we could generate. In other words, build bigger buildings. So we put the apartment building in. The apartment 1 building was originally supposed to be 40 units so the' site plan we're working on currently and brought to the HI on Thursday is to change the plan and make use of now the beautiful clock you just approved will be located right here as IL an entrance into the whole town. The apartment itself looks like the clock. So as you come into the community you'll have that and actually have a little courtyard located right in here. What they were concerned about is we would not be able to set this retail strip all the way down the street. We will not li i_ be doing that because that's not in the plan currently. Instead we're going to put a two story, what we'll call a medical arts building in there which we were contacted by Dr. McCullum who is at Chanhassen Clinic and they are going IL to move their facility there if we can get the whole transactions put together. Then we have a daycare center going in here that we will be showing before you here in the next two weeks that will go in this location and we're excited about all of this because it's a start doing the downtown and maybe „I! hopefully getting out of that side of the street. That's the current plan. ' I! Councilman Boyt: What are we going to do with this variance problem? I know I. I talked to Barbara earlier today. I'm not sure that I got the answer down quite right as to the difficulty with rezoning this central business district but that's the third issue and I guess I would like to hear a quick synopsis 1 Barb on how we're going to handle this. Barbara Dacy: Your question is, whether or not the entire site can be rezoned to the central busines district up to Chan View. We did not recommend that to 1 48 E. I! i . . C . 29 3 City Council Meeting - June 15, 1987 I i r the applicant because rezoning the ■ g property to central business district also includes other commercial uses. If, for some reason, the multiple family project were to fall through, you would have commercial uses located directly onto Chan View, directly across from the residential development. Other avenues that were discussed with the applicant were a zoning ordinance amendment to allow high density district around 23 units per acre and the final option was the PUD application allowing the Council a little more t !! leverage in negotiating with the applicant as to establishing things like pedestrian connections, allowing the project with the tax increment district and requiring additional landscaping. That was why the rezoning issue was not.. . Councilman Geving: I'm ready to approve this but I have to put this in because the neighbors have called me in this area. I live within two blocks of this area and there has been some discussion and most of them have appeared II here before the Planning Commission. I think the various comments were that it's just too much density for our area and they would have liked to have seen [ a 48 or 50 unit apartment building here. I want to throw that in as a plug II for the people but I personally approve of it. I think we need the 1 and 2 bedroom units in the city and I'm all in favor. I do have to ask one i question. Whether or not this unit was projected in our downtown redevelopment district for 60 units? Don Ashworth: Yes. I II Mayor Hamilton: I just would say that I live in the apartments across the street from this on Chan View and those people there are anxious to see it I built because they would like to move into it so I think it's a really nice IIproject and I would like to see it move ahead. Councilman Horn moved, Councilman Geving seconded to approve the PUD application for the 60 unit apartment complex located on the south side of II Chan View with the following conditions: 1. A detailed utility plan showing water, sewer and storm sewer 11 connections, as well as fire hydrant locations shall be submitted prior to building permit issuance. i: II 2. A revised landscaping plan shall be submitted detailing additional screening along the south, west and east property lines prior to t L building permit issuance. L II3. A pedestrian walkway shall be provided on the site in conjunction with the development plans for the retail projects to be developed to ` - the south and east of this parcel. 1 4. Detailed facia and signage plans shall be submitted for Planning Commission and City Council final review prior to building permit issuance. 111 5. Removal of existing single f g g family residence including the proper - L - demolition procedures. II 49 L II I ( i . 'll ,- City Council Meeting - June 15, 1987 II I 6. Detailed lighting plans shall be submitted prior to building I or lding permit I 7. All outside parking areas shall be lined with concrete curbing. All voted in favor except Mayor Hamilton I Y who abstained and motion carried. IICONDITIONAL USE PERMIT FOR A PRIVATE STABLE, 3530 HIGHWAY 7, DAVID OBEE. Jo Ann Olsen: The applicant is requesting qu ng a conditional use permit for a II li private stable in the RSF district. It is going to be limited to two horses. Staff is recommending approval. We feel that the site is screened from all surrounding properties. Is large enough for two horses and it is reviewed annually for the horse permit so any problems with it can be taken care of. II Staff is recommending approval with the conditions set forth. Councilman Horn: What's the size of the stable? I Jo Ann Olsen: There are two proposed sizes but the applicant has stated that he decided he isn't going to build any building right now if it's going to be II a problem. 1 Councilman Geving: I read g all the comments from the Planning Commission like the rest of you but I really wonder what the intent of Mr. Obee is. He's It I talking about a very large building then we find out he owns a lot of equipment and so forth. Whether or not the stabling of these two horses is really the issue. I don't mind him having two horses in that area. It's a II stable permit request. I have seen the letters and comments from the neighbors but I'm most concerned about what's going to go in that building that he's proposing. I wonder what his motive is and question that. Other than that, I don't know how we can issue a stable permit just to put horses I_ in. I don't know how that works with Mr. Headla. Jo Ann Olsen: There is an existing building that he would b-. using for the stable instead of constructing a new one. III Councilman Geving: So in fact, if he had the horses he could move them in a I_ use them if he had the permit? I have no other comments. nd II Councilman Johnson: I went out and looked at the site and noticed there are I existing stables to the west and pretty well treed area. For two horse and 1_ limited use of the building in there for just horse stables and stuff I:associated with that, I don't have a problem with this. I_ Bill Schmid: I own property directly west of Mr. Obee's proposed site. A iii few years ago a few of the present Council members were here at that time and there was a permit granted to a Mr. James Frizzell on the west side of me for two horses. Jim keeps the place very neat. Very clean. Very tidy. Regardless of all that, when it rains, it smells. You can't get around it. It's a pasture. Now there are horses on the east side and I'm very much [.. opposed to it 100%. There are 73 lots and I believe you have a letter from 50 II / 1� n City Council Meeting - April 25, 1988 /���� CNi�1G17 �,( 117 v` i ikWing and couldn't get a hold of him, I didn't sense that there was an ' 1 overwhelming need to get this filled quickly. I'm disappointed that we're not I interviewing any of these candidates. I'm disappointed that we have not seen any of the objectives the Public Safety Commission had in filling these 1 positions. I don't know if they took geography into account. All I've got, and I've said this every time, I think that we start people off the wrong way on commissions when the council does not interview them. I think that this was an opportunity in which we could have begun working out this system of having objectives that the Council and the Commissions agreed would be followed when people were sought and we didn't do it. It's not to say that these people Ill aren't good people and worthy of being on the Commission. It's just, I don't see why we're doing it this way. That's all I've got. Mayor Hamilton: Just to comment, we had ten candidates and all excellent people. It was not an easy task to select them. We looked at everything we could think of into consideration. IICouncilman Boyt: Are we finally done with this way of appointing people? Mayor Hamilton: I don't know. We've talked to the staff about what we want to do and I guess it's up to them to come back and start changing things. IICouncilman Horn: It was going to come back as an item and I haven't seen it yet. I RESOLUTION ESTABLISHING THE PUBLIC HEARING DATE FOR THE PROPOSED HOUSING PLAN. 40 ii'i Resolution #88-39: Councilman Johnson moved, Councilman Horn seconded to approve the resolution establishing June 13, 1988 as the public hearing date for the proposed housing plan. All voted in favor and motion carried. -..�.•4 ItCOUNCIL PRESENTATIONS: TH 5 UPDATE, COUNCILMAN HORN. Councilman Horn: The bottom line is, by 1990 we're going to have a four lane I highway up to Park Avenue in the Industrial Park which is a change and that's planned and scheduled by MnDot. ItMayor Hamilton: We got a bill passed and we got some funds. COMPOSTING FACILITY IN CHASKA, COUNCILMAN JOHNSON AND COUNCILMAN GEVING. ItCouncilman Geving: I think we ought to forget about this tonight Jay. lit Councilman Johnson: Yes, we're all very tired. Unless everybody has digested this huge thing. Basically there's an Environmental Assessment Worksheet that's out for the Chaska, proposed composting facility in Chaska. If we want to comment on it, it has be to by next Wednesday. The necessity of commenting I on it is we don't have to. We're not required to comment one way or the other. I've recommended that, in fact I've already sent my personal comments which L I've attached here, have been sent in and I believe that the EAW provided is in !I many cases almost lip sevice to the environmental issues involved. There are II 81 I N Alachnen 3 I I I, CITY OF CHANHASSEN HOUSING REVENUE BOND PROGRAM CHANHASSEN HERITAGE SQUARE PROJECT HERITAGE SQUARE INVESTORS LIMITED PARTNERSHIP MAY 1988 Prepared By: LeFevere, Lefler, Kennedy O'Brien & Drawz, a Professional Association 2000 First Bank Place West Minneapolis, Minnesota 55402 (612)333-0543 3 II a CHANHASSEN HERITAGE SQUARE PROJECT IIPursuant to Minnesota Statutes, Chapter 462C (Act) , the City of Chanhassen, Minnesota (City) has been authorized to develop, plan and adminis- ter programs for making construction and permanent financing loans for multi- family housing developments located within its boundaries, under the circum- stances and within the limitations set forth in the Act. Section 462C.05, !I Subdivision 2 of the Act provides that a multi-family housing project (Project) may consist of a development in which at least 20 percent of the units are affordable to persons and families with adjusted gross income not in II excess of 80 percent of the median family income of the metropolitan area. In creating its multi-family housing finance program (Program) , the City r has found and determined that the preservation and enhancement of the high II quality of life in Chanhassen is dependent upon the maintenance and provision of adequate, decent, safe and sanitary housing stock; and that encouraging the 4 provision of such housing is a public purpose and will benefit the citizens of II Chanhassen; that a need exists within Chanhassen to provide in a timely fashion additional and affordable housing for persons residing and expected to reside in the City; that a need exists for mortgage credit to be made avail- able for the new construction of additional multi-family housing. The proposed Project will be constructed by Heritage Square Investors 4 Limited Partnership, a Minnesota limited partnership (Developer) . The Project 11 will consist of 60 residential units and will be constructed at the intersec- tion of Great Plains Boulevard and Chan View Street in Chanhassen. The units 4 are expected to be available for occupancy in mid-1989. IIThe City believes that the Project will assist it in addressing its housing needs by generally increasing the supply of rental housing available I- to low and moderate income persons. The City also believes, based on the 1! representations of the Developer, that the Project is not economically feas- ible and would not have been constructed without housing revenue bond funds available for permanent financing. The Project will be funded through the issuance of City of Chanhassen housing revenue bonds, Chanhassen Heritage Square Project, Series 1988 (Bonds) . The Bonds will be secured by a mortgage on the Project. The City, in establishing the Program, has considered generally available information regarding conditions in the housing industry and the information contained in the City's Housing Plan, including particularly (i) the availa- bility and affordability of other government housing programs; (ii) the ` availability and affordability of private market financing for multifamily housing units; (iii) an analysis of the population; (iv) the recent housing II trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of elderly and physically handicapped persons - residing and expected to reside in the City. IIThe City, in adopting the Program, has further considered (i) the amount, timing and sale of the Bonds to finance the Program, fund the appropriate treserves and pay the cost of issuance; (ii) the method of monitoring and II 1 i t r II implementation of the Program to ensure compliance with the City's Housing Plan and its objectives; (iii) the method of administering, servicing, and supervising the Program; (iv) the cost to the City, including future adminis- trative expenses; (v) the restrictions on the multifamily development to be financed under the Program; and (vi) certain other limitations. The C'.*.y, in adopting the Program, considered the potential financing impact of Bond issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (i) minorities; (ii) households with incomes at the lower end of the range that can be served by the Program; (iii) house- holds displaced by public and private actions; and (iv) accessibility to the handicapped. The Project will be constructed pursuant to Section 462C.05, subd. 2 of the Act. Subsection A. Definitions. The following terms used in the Program have the following meanings, respectively: 1) "Act" means Minnesota Statutes, Chapter 462C, as currently in effect and as the same may be amended from time to time. 2) "Agency" means the Minnesota housing finance agency, or any successor to its functions. 3) "Bonds" means the housing revenue bonds to be issued by the City to finance the Program and includes any and all other obligations payable as provided hereunder. 4) "City" means the City of Chanhassen, Minnesota. 5) "Developer" means Heritage Square Investors Limited Partnership, a Minnesota limited partnership. 6) "Housing Plan" means the City of Chanhassen's housing plan prepared pursuant to Section 462C.03 of the Act. 7) "Housing Unit" means any one of the apartment units located in the Project, occupied by one person or family, and containing complete living facilities. „; 8) "Land" means the real property upon which the Project is situated. 9) "Program" means the program for the financing of the Project pursuant to the Act. 10) "Project" means the 60-unit multi-family development. 2 It ' , } i II- Subsection B. Program for Financing the Project. The City hereby establishes a Program to make a loan for the permanent mortgage financing for the Project. In establishing and carrying out the Il Program, the City may exercise, within its corporate limits, any of the powers the Agency is authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A. IF The City will hire no additional staff for the administration of the Program. The City will, however, incur certain costs for administration including an estimated $1,000 for preparation of reports. The City will II select a trustee for the Program and the bondholders which is experienced in trust management and has a large corporate trust portfolio. The trustee will administer and maintain the Bonds sold to finance the Program. The city council hereby authorizes and directs the city manager to monitor all negotiations between the various parties taking part in the Program to ensure that the documents of the Program are consistent with the I/ City's Housing Plan and the requirements of the City as set forth in this Program. Prior to the adoption of the resolution authorizing the sale of Bonds to finance the Program, the city manager shall report to the city II council his findings as to the consistency of the documents regarding the Project with the Housing Plan and the policies of the City contained in this Program. II It is contemplated that the Bonds shall bear interest at a variable rate per annum as set forth in the Program documents. The Bonds will not be general obligation bonds of the City, but are expected to be paid from reven- ues and properties pledged to the payment thereof, which includes a mortgage on the Project. I! Subsection C. Local Contributions to the Program. It is not contemplated that any additional public financing or contribu- II tions will be needed for the completion of the Project, or for the operation of the Program, other than the Bond issue described above, except that the City may use tax increment funds generated by the development to assist the Project. II 1. Subsection D. Standards and Requirements Relatin: to the Financin: of 11 the Project Pursuant to the Program. 1_ The following standards and requirements shall apply with respect to the operation of the Project by the Developer pursuant to this Program: 11 - 1) Substantially all of the proceeds of the sale of the issue of Bonds will be used to provide funds for the permanent financing of the Project, II which will include a total of 60 residential units. The proceeds of the Bonds will be made available to the Developer pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the IICity and the Developer. II 3 ' I! I/ 2) The Developer or owner or the Project will not arbitrarily reject an 1 application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assist- ance or disability. 3) Each Housing Unit within the Project must be used primarily for residential purp'ses. 4) No Housing Unit may be in violation of applicable zoning ordinances or other land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 16.83, et seq. Subsection E. Evidence of Compliance. The City may require from the Developer or such other persons deemed necessary at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Developer in order to confirm such ability, intention and compliance. In addition, the City may periodic- ally require certification from either the Developer or such other persons deemed necessary concerning compliance with various aspects of the Program. II Subsection F. Issuance of Bonds. To finance the Program authorized by this section, the City may, by il resolution, authorize, issue and sell housing revenue Bonds, in an aggregate principal amount presently estimated not to exceed $3,000,000, pursuant to the II Act. In issuing the Bonds, the City may exercise, within its corporate limits of the City, any of the powers the Agency is authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A, without limitation under the provisions of Minnesota Statutes, Chapter 475. Subsection G. Severability. The provisions of the Program are severable and if any provisions, sentences, clauses or paragraphs are held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions of the Program. I! Subsection H. Amendment. The City shall not amend the Program to the detriment of the holders of !I the Bonds while such Bonds as are authorized herein are outstanding. C6:0511NH01.E40 I 1! 1! 1! HOUSING PLAN FOR CHANHASSEN, MINNESOTA 1 t May 1988 1! • I! 1! 1 y Prepared By: LeFevere, Lefler, Kennedy, O'Brien & Drawz a Professional Association 2000 First Bank Place West Minneapolis, Minnesota 55402 (612)333-0543 1/ II Table of Contents Section I. INTRODUCTION AND INVENTORY 1 I.I. Housing Availability 1 111 A. Number and Type of Housing Units 1 B. Tenure 1 C. Cost of Housing 1 1.2. Housing Quality 2 r A. Overcrowding 2 IF B. Age of Housing 2 C. Housing Lacking Complete Plumbing Facilities 3 Section II. ANALYSIS 3 2.1. Housing Availability 3 2.2. Housing Quality 4 Section III. POLICY PLAN 4 3.1. Housing Availability 5 A. Housing for All Ages 5 B. Open Housing 6 C. Development Review Process 6 D. Land Use Regulations 6 E. Special Land Use and Zoning Provisions 7 F. Housing Types Offered 7 G. Tax Increment Financing and Housing Revenue Bonds 9 3.2 Using Quality 8 A. Compatible Development 8 B. Protection of Natural Resources 8 C. Providing Community Services 8 D. Pollution 9 E. Multiple Family and Attached Single Family Housing 9 Section IV. IMPLEMENTATION PROGRAM 10 4. 1. Housing Objectives 10 4.2. Affordable Housing 10 4.3. Land Use 11 List of Figures Housing b Figure 1 $ g Units by Housing Type 1 Figure 2 Market Value of Single Family Units 2 Figure 3 Average Cost of Single Family Housing 2 Figure 4 Age of Housing Units 3 11 3 I I 11 1- I 1- 1 11 1 Section 1. INTRODUCTION AND INVENTORY. This Housing Plan combines information from the 1988 amendments to the Chanhassen Comprehensive Plan and the U.S. Census of the Population for 1980 and meets the requirements for a Housing Plan specified in Minnesota Statutes, Section 462C.03. This Plan i' prepared and sr-,!.tte.r fn;- rev.tPw by the appro- priate governmental bodies in fulfillment ' of the requirements of Minnesota Statutes, Chapter 462C. The purpose of the housing inventory is to examine the status of housing in Chanhassen. In order to do this, it is necessary to focus on the various elements which affect housing for residents of the City. Some of the factors to be examined in the inventory include the kind, cost, age, and condition of the housing stock. 1. 1. HOUSING AVAILABILITY. A. Number and Type of Housing Units. In Chanhassen there were 2944 housing units in 1986. Although the majority of these were single family detached houses, a number of other types of housing were also represented in the City's stock. Figure 1 1986 Housing Units by Type No. 7 Single Family Detached 2168 74.0 Farms 69 2.0 Duplexes 144 5.0 Townhouses 188 6.0 Multi-family 375 13.0 Total 2944 100.00 B. Tenure. Owner-occupied housing prevails in Chanhassen. Of all housing units, 75% were owner-occupied in 1980. C. Cost of Housing. The cost of housing in Chanhassen represents a significant proportion of the income of persons residing in the City. This is particularly true for households occupying rental housing. 1 II Figure 2 Estimated Market Value of Single Family Housing Units, 1980 IIHousing Unit Value Percentage 9 II Less than $39,999 2.9 $40,000 - 49,999 4.1 $50,000 - 59,999 36.8 $60,000 - 99,999 25.9 II $100,000 - 149,999 20.9 More than $150,000 9.4 ill The cost of housing in Chanhassen may also be illustrated by the cost of new construction. The following figures are the average cost of a single-family detached house within the City for a recent six-year period: 11 Figure 3 1 Average Cost of Single-Family Detached Housing 1 Year Cost II1981 $107,591 1982 100,789 il 1983 86,391 1984 85,052 1985 78,614 1986 92,491 I! I! 1.2. HOUSING QUALITY. A. Overcrowding. 111 A housing unit is considered to be overcrowded if there is more than one person per room. Out of 2075 occupied housing units in Chanhassen in 1980, only 41 or two percent were considered to be overcrowded. B. Age of Housing. II - Chanhassen's housing stock spans a large age range, with a considerable concentration among units constructed since 1960. This is significant since the age of housing is generally related to the upkeep needed to maintain the unit in good condition. mm ■ EE . 2 • Figure 4 Age of Housing Units Year Built No. 1939 or before 299 11.0 1940 - 1959 533 19.0 1960 - 1969 609 22.0 1970 - 1979 854 31.0 1980 - 1985 446 16.0 1 Total 2741 100.00 C. Housing Lacking Complete Plumbing Facilities. Chanhassen has very few housing units which lack complete and exclusive plumbing facilities. Of all units in Chanhassen, only 1.0% lack such facili- ties. Section II. ANALYSIS. The purpose of this portion of the Housing Plan is to examine present and future issues which face the City in attempting to provide adequate housing opportunities for its present and future residents. In order to do this, it is necessary to focus on the primary factors which affect the availability and quality of housing. 2.1. Housing Availability. In Chanhassen, as well as elsewhere in the metropolitan area and through- out the state, it is has become difficult to ensure the availability of hous- ing. Those who are most severely affected by high housing costs are those with low or moderate incomes. Families and individuals in these groups often live in substandard housing or spend a disproportionate percentage of their income on housing. Although some persons in these groups receive public assistance, many are simply employed in areas of the economy in which wage scales are relatively low. Because Chanhassen has only a limited influence on the supply and cost of housing, it needs to make its efforts to meet housing needs more effective. There are many factors beyond the control of the City which have a great effect on the supply and cost of housing. Market forces, including mortgage interest rates and the availability of mortgage loans, generally have far more influence on who can purchase housing than do actions of the City. Also, the cost of land, labor and materials has increased over time and the effect of local public policy designed to provide low and moderate or lower-middle income housing has been lessened. 3 !! I litHowever, some actions of the City can have an effect on housing costs. ill- Development regulations which are designed to provide orderly municipal growth can increase housing costs, although they represent only a small portion of the total monthly cost to the homeowner. Nonetheless, the City should contin- ue to be conscious of the impact its actions have on the cost of housing and I attempt to implement policies which minimize the cost without abandoning the legitimate role the City needs to play in r^gulat{ng develo;.-'ient. Land use regulations which allow prompt review of proposed developments and which do II not require the submission of unnecessary data or applications should be encouraged. II The City should continue to avail itself of the resources of the U.S. Department of Housing and Urban Development and the Minnesota Housing Finance Agency. The City should also plan to use tax increment financing to assist in the construction of multifamily rental housing for low and moderate income families. II2.2. Housing Quality. 3 The physical condition of housing in Chanhassen is generally good. A 1979 survey of Chanhassen indicated that 95 percent of the residential struc- II tures were in sound structural condition. Visual observation suggests that there has been no widespread deterioration in the quality of housing in I Chanhassen. IIMaintenance of housing quality in Chanhassen will undoubtedly require 1 greater attention over the long run. With a high percentage of its housing having been constructed within the past 25 years, Chanhassen does not yet face the task of maintaining a large stock of aging housing. In the future Chanhassen's housing stock will begin to show signs of aging. As housing ages, more emphasis must be placed on maintenance to prevent deterioration. 1! In order to ensure housing quality in the City, older housing units must be kept in compliance with housing standards. Unfortunately, the enforcement of these standards through the use of building codes and ordinances is not an 1! easy task. In many instances, those who live in housing units which do not meet existing housing codes and ordinances have modest incomes. Individuals with modest incomes are generally unable to afford costly household repairs and housing deterioration is sometimes difficult to avoid. Continued attention will also need to be given to prevention and mitigation of the negative effects which commercial and industrial development II can have on the residential environment. The increased traffic congestion, noise and pollution which often accompany more diverse and concentrated c L development will need to be carefully monitored. II - Section III. POLICY PLAN. 1 11 The purpose of the Housing Policy Plan is to describe the course of action Chanhassen will take to ensure the availability of quality housing to those who reside and those who seek to reside in the City. The Policy Plan II y I 4 t II I approaches housing in a comprehensive manner. Provisions within the Plan will include ones for existing housing development and the conservation of existing I neighborhoods. The Policy Plan will also encourage construction of modest cost housing along with market rate housing. In addition, the Plan will iii discuss provisions for protecting the natural environment from poorly designed housing developments. The Policy Plan is designed to implement the housing MI goals articulated by the Metropolitan Council for all communities within the seven-county metropolitan area. 3.1. HOUSING AVAILABILITY. GOAL: To expand housing opportunities for all persons who are or wish to be part of the community, including the promotion of lower cost housing and the encouragement and development of housing for low and moderate income families and senior citizens. A. Housing for All Ages. Housing in Chanhassen is most readily available to middle-aged house- holds. Since persons between the ages of 35 and 64 generally have higher incomes than those who are younger or older, they are the portion of the population which is most likely to find housing to be affordable. Younger and older persons with lower incomes have fewer opportunities for housing in the City. One way to provide housing for all age groups is to encourage construc- tion of housing types which suit particular needs. This is especially true li with regard to senior citizens. Senior citizens often cannot continue to maintain their homes because of decreased physical abilities. A type of housing which would lessen maintenance burdens, such as apartments, condo- miniums, townhouses or patio homes, would be more suited to the needs and abilities of this age group. Inclusion of services such as congregate dining, transportation and shopping in such housing can further address the needs of older senior citizens. Many persons over the age of 50 are "empty-nesters" whose children have grown up and moved out of the house. A house that was large enough to raise a family is often too big for the remaining couple or individual. By encourag- ing older couples and individuals to move into housing that is more suited to their needs, existing single family homes become available for purchase by younger families with children who require more space. Existing homes also tend to be less costly than comparably-sized newly built houses and are more ' easily afforded by younger families. An additional benefit of such housing turnover may be better maintenance of the stock of older housing. Unusually long tenure in a home may lead to deferred maintenance since occupants are most likely to make improvements to their dwelling during the first few years of occupancy. The provisions of adequate support services for older citizens, such as transportation, health and social services, is an important additional contri- bution the City can make to the living environment of this age group. 5 III k . k POLICY: The City of Chanhassen will promote housing options to meet the particular housing needs of all age groups and more efficiently use the City's - housing stock. B. Open Housing. Ili Discrimination on the basis of color or national origin can defeat the City's efforts to provide housing for all persons. The City of Chanhassen IIIdoes not condone discriminatory housing practices and believes that housing must be open to families and individuals without regard to race, religion, sex, economic status, or cultural or ethnic background. POLICY: The City of Chanhassen supports a policy of non-discrimination in the sale or rental of housing. C. Development Review Process. In order to ensure the development of quality housing in Chanhassen, it is necessary to subject development proposals to City review. While an attempt is made to complete this process is quickly as possible, a small amount of delay is inevitable. Under some circumstances the delay can be considerable, especially when other public agencies also must also review a IIproposal. Short delays in the review process will not substantially affect the cost li of housing. However, when long delays take place, the developer can incur increased carrying costs which are ultimately passed on to the homeowner. To ensure quality housing while at the same time not causing long delays, the City must endeavor to ensure that its review process is efficient. IIPOLICY: The City of Chanhassen will discourage unnecessary delays in A. reviewing housing development proposals by streamlining the process to make I development review more efficient. D. Land Use Regulations. Land use regulations are among the most important tools available to the City in guiding housing development. Adequate land use controls are necessary !I for providing orderly municipal growth, protecting the natural environment, insulating communities from adverse developments and providing for the health and safety of the residents. If land use regulations go beyond these pur- poses, the type and cost of housing in Chanhassen can be affected. il. One of the most important effects of land use regulations on the cost and availability of housing is in regard to the design standards required by the City's ordinances. Large minimum lot size and generous setbacks tend to push up the cost of housing. While lowering these factors does not always result in lowering the cost of housing, it has a general tendency to do so. I POLICY: The City of Chanhassen supports development and implementation of land use regulations which allow the private sector to provide housing which is affordable to a broad spectrum of persons in the community. /I li 6 11 E. Special Land Use and Zoning Provisions. To encourage the development of moderately priced housing in Chanhassen, the City should utilize flexible land use and zoning standards. Innovative planning approaches, such as the planned unit development and zero lot line techniques, can reduce housing costs while at the same time provide for better use of land, increased protection of natural resources, and a higher level of supporting community services. The City should not restrict itself to traditional land use and zoning approaches for the remaining parcels of undeveloped land in the City. When possible, land use and zoning regulations should be designed to fit character- istics of land and surrounding development, while at the same time meeting the needs of individual developments. POLICY: The City of Chanhassen will encourage innovative zoning and land use approaches to encourage the development of modest cost housing. F. Housing Types Offered. It is not surprising that a majority of families and individuals in Chanhassen prefer single family detached housing. However, the preference for this type of housing varies among age groups. Younger and older persons generally have less desire to reside in single family homes than do middle aged families. In addition, many families and individuals are unable to afford the type of housing in which they would prefer to live. The demand for multi-family and attached single housing is likely to grow because such housing types offer the potential for savings in construction costs, utility costs and energy usage. The City should encourage the development of multiple family and attached single family housing units in a variety of cost ranges to meet the housing needs of all groups. POLICY: The City of Chanhassen will support the construction of multiple family and attached single family housing units and not restrict development to detached single family housing. G. Tax Increment Financing and Housing Revenue Bonds. With the decline in federal housing subsidies, local governments have had to become more involved in providing housing which is affordable to low and moderate income people. Two tools which have proven useful to cities are tax increment financing and housing revenue bonds. Although in some instances federal tax law changes enacted in 1986 have lessened the attractiveness of these tools, they are still of great importance. POLICY: The City of Chanhassen will consider participation in the issuance of tax increment bonds and housing revenue bonds in appropriate cases in order to increase the supply of affordable housing. 7 I 4 1 I 1 3.2. HOUSING QUALITY. GOAL: To maintain through careful planning, the character and condition of existing neighborhoods and the important housing resources they contain. A. Compatible Development. 11 Commercial and industrial structures located in or close to residential areas can detract from the aesthetics of residential neighborhoods because their scale and design often are inconsistent with housing. In addition, II public facilities, transportation utilization and environmental quality standards differ significantly in industrial and commercial developments. In instances where topography, building forms and landscaping permit, II commercial and industrial development can exist near residential areas. However, it is necessary to protect the character of existing neighborhoods from the negative effects of incompatible developments. In instances where 11 s the impact of these developments is harmful to adjacent residential areas, it is necessary to separate and buffer neighborhoods from these developments. i POLICY: The City of Chanhassen will ensure that industrial and commer- II cial development is located and designed so as to be compatible with housing in existing and planned residential areas. 1 IIB. Protection of Natural Resources. Chanhassen is fortunate to enjoy the benefit of numerous natural ameni- tII ies. In some instances, however, development has encroached upon these resources in a manner that threatens them. This process results in diminish- ing the aesthetic value of these resources to the City as a whole and also inhibits the natural drainage, water retention, and recreational functions of ll these areas. Housing development in the City can and should exist in harmony with the I! natural environment rather than work against it. Provisions should be made to ensure protection of these natural tracts of land from encroachment. POLICY: The City of Chanhassen will restrict housing development on ll wetlands, floodplains, steep slopes and other natural areas which perform important environmental functions or provide aesthetic resources. !I C. Providing Community Services. Historically, housing development in Chanhassen has occurred on a parcel- by-parcel basis. The construction of housing has sometimes not been timed to coincide with the installation of adequate public facilities. When housing is 4 developed in this matter, residents are inconvenienced and are forced to pay IIhigher prices for public facilities when they are eventually installed. This problem is especially prevalent in communities such as Chanhassen in IIwhich the supply of available land is relatively large. The City's Comprehen- F ll 8 sive Plan allocates 1578 acres to residential growth during the period 1985-2000. There is a strong temptation for development to "leap-frog" beyond the limits of current development to outlying parcels. Such land may be marginally less expensive but the long run costs, both public and private, are usually greater than where development occurs in an orderly and compact fashion. POLICY: The City of Chanhassen will encourage residential development to coincide with the development of urban facilities and services. D. Pollution. The quality of the residential environment in Chanhassen can be adversely affected by pollution. Air and noise pollution from traffic along arterials diminish the quality of life for those who live near these roadways. As Chanhassen attracts more diverse development, increases in all types of pollution may occur in residential areas abutting commercial and industrial development. In these residential areas it will become necessary to provide !I adequate buffering and pollution abatement measures to protect residents from more intensive development. POLICY: The City of Chanhassen will encourage steps to protect residen- tial areas from adverse environmental impacts of air, noise, dust and odor pollution. E. Multiple Family and Attached Single Family Housing. Single family attached and multiple family housing developments are sometimes located on the fringes of commercial and industrial areas. High density housing built in these areas can be a desirable place to live. If located in close proximity to shopping, employment and transportation facili- ties, residents will be provided with a high level of urban services. However, there are problems associated with locating housing in these areas. In some instances, higher density housing is used exclusively to buffer more intensive land uses from single family housing. Also, industrial and commercial centers often produce nuisances such as congested roadways, noise and air pollution. Some land near commercial and industrial uses is simply not suitable for residential development. It should be remembered that housing of all types should be in areas amenable to residential living. Apartments and townhouses should be discour- aged in areas not suitable for residential development and encouraged in areas where they will not be subject to adverse conditions. POLICY: The City of Chanhassen will discourage higher density housing in areas not suitable for residential development due to such factors as lack of shopping, employment and transportation, or exposure to adverse conditions such as air or noise pollution. 9 I i I Section IV. IMPLEMENTATION PROGRAM. 111 The purpose of the Housing Implementation Program is to identify steps the City will take to implement the Housing Policy Plan. To be effective, the i Housing Implementation Program will include a wide range of integrated func- tions and activities in which the City will be involved. These functions will include developing housing programs, designing development regulations, imple- i menting administrative procedures, and establishing adequate monitoring II systems to evaluate the success or failure of housing programs. The Housing Implementation Program will emphasize maintaining present housing conditions and expanding housing to those in all income groups. III4.1. Housing Objectives. Housing activities outlined in the Policy Plan are designed to ensure the availability of quality housing to all those who live in or seek to live in Chanhassen. Although the Policy Plan enumerates the course of action the City I will take to achieve housing goals, the City must determine the anticipated or desired result these actions will produce. I As Chanhassen's Comprehensive Plan makes clear, the City can expect to I experience an increase in both persons and households through the year 2000 and beyond. The number of households is related to the number of housing I units which will be needed while the number of persons per household gives a II rough indication of the type and mix of housing which will be demanded. There is no way to determine future population with certainty, but the City's Comprehensive Plan projects that there will be 3285 new households in Chanhassen by the year 2000 compared to the number in 1985. The Metropolitan I Council uses the more modest estimate of 1625 new households in the City during that period. ilf Whatever assumptions are made, it is evident that there will be a contin- uing demand for housing in Chanhassen. It should also be remembered that the above figures do not include the number of units which must be replaced because of loss to dilapidation, redevelopment, or natural disasters. While the private market will provide a majority of these units, City participation will be required to ensure that units needed by persons on the lower end of the economic spectrum are also constructed. 4.2. Affordable Housing. The City's opportunities to encourage the development of housing afford- able to those of low and moderate income have been severely limited by reduc- tions in federal funding. The City will continue to investigate federal programs and apply them when feasible and appropriate. At present, the major tools available to the City to promote affordable housing are tax increment financing and housing revenue bonds. The City will I make use of these financing mechanisms to assist the construction of housing for persons of low and moderate income. I I 10 s Chanhassen should also continue to explore opportunities to make avail- able to its residents the benefits of programs offered by the federal govern- ment through HUD and by the state of Minnesota through MHFA. These include a variety of grant, loan and assistance programs which could be useful in achieving the City's goal of providing affordable housing for all. 4.3. Land Use. Land use and zoning regulations are among the primary tools Chanhassen can use to guide housing development. These regulations must be designed to protect the health, safety and welfare of existing residents without excluding any group because of age or income. To encourage an adequate supply and diversity of housing in Chanhassen, the City's land use regulations, especially its zoning ordinance and subdivi- sion controls, should be reviewed and updated to ensure flexibility in regul- ating development. Provision should be made in Chanhassen's zoning ordinance to encourage innovative housing types. C5:0511HP01.E40 1! I! I! !! 11