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File #: 24-2128    Version: 1 Name: 1/6/25 - Resolution to Approve Amended Affordable Housing Agreement for 1140 Broadway
Type: Resolution Status: Passed
File created: 1/6/2025 In control: City Council
On agenda: 1/6/2025 Final action: 1/6/2025
Enactment date: 1/6/2025 Enactment #: R-25-009
Title: Resolution to Approve the Amended City of Ann Arbor Affordable Housing Agreement for 1140 Broadway
Attachments: 1. Amended Affordable Housing Agreement 1140 Broadway FINAL.pdf

Title

Resolution to Approve the Amended City of Ann Arbor Affordable Housing Agreement for 1140 Broadway

Memorandum

Attached is a resolution to approve the Amended Affordable Housing Agreement for 1140 Broadway with Morningside Maiden Lane, LLC, Morningside Broadway, LLC and Morningside Nine99, LLC (collectively, “Developer”) to add six additional affordable units, which Developer agreed to in connection with the 999 Maiden Lane Site Plan.

 

Council approved the 1140 Broadway Conditional Zoning and Site Plan on December 4, 2017, and the Conditional Zoning was amended on September 4, 2018.

 

Morningside Lower Town, LLC, the predecessor in interest to the Developer, agreed to provide 15 affordable housing units in Phase 1 and 3 of the development in consideration of Brownfield Tax Increment Financing support for the development ($5,204,760 reimbursement for the Michigan Strategic Fund eligible, non-environmental activity). Council approved the Affordable Housing Agreement for 1140 Broadway on September 8, 2020.

 

On July 17, 2023, Developer received approval for the 999 Maiden Lane Site Plan and 1140 Broadway/Beekman on Broadway Rezoning, and agreed to provide 6 additional affordable housing units in Phase 2 of the development for a total of 21 affordable units at the site.

 

The Amended Agreement requires:

                     Eight affordable housing units in Phase 1 of the development;

                     Six affordable housing units in Phase 2 of the development;

                     Seven affordable housing units in Phase 3 of the development.

 

The affordable housing units will be available to households earning up to 60% AMI for 99 years using HUD Fair Market Rents. The affordable housing units shall be of the same size, appearance and finishes as comparable market-rate units.

 

The Agreement requires that the affordable housing be offered to those on the Ann Arbor Affordable Housing Waitlist, which is maintained by the OCED. Prospective tenants will be certified as income-qualified by the OCED prior to the developer leasing an affordable housing unit.

Staff

Prepared by:                                           Nicole Vargas, Assistant City Attorney

Reviewed by:                      Brett Lenart, Planning Manager

                                                               Derek Delacourt, Community Services Area Administrator

Approved by:                      Milton Dohoney Jr., City Administrator

Body

Whereas, City Council approved the 1140 Broadway Conditional Zoning and Planned Project Site Plan on December 4, 2017, and the Conditional Zoning was amended on

September 4, 2018; and

 

Whereas, City Council approved Resolution R-17-449 which accepted the 1140 Broadway Brownfield Plan (“Brownfield Plan”) and recommended that the Washtenaw County Brownfield Authority approve the Brownfield Plan, and the Authority approved the Brownfield Plan on December 6, 2017;

 

Whereas, City Council approved the City of Ann Arbor Affordable Housing Agreement for 1140 Broadway on September 8, 2020, which required 15 affordable units in Phase 1 and 3; and

 

Whereas, City Council approved the 999 Maiden Lane Site Plan and 1140 Broadway/Beekman on Broadway Rezoning on July 17, 2023, where the Developer agreed to provide an additional six affordable units in Phase 2 for a total of 21 affordable units;

 

RESOLVED, That City Council approve the Amended Affordable Housing Agreement for 1140 Broadway, substantially in the form attached;

 

RESOLVED, That City Council authorize the Mayor and City Clerk to sign the Amended Affordable Housing Agreement for 1140 Broadway after approval as to form by the City Attorney and approval as to substance by the City Administrator; and

 

RESOLVED, That the City Administrator or designee is authorized to take all necessary actions to implement this resolution, including execution of any supplemental documents.