Planning Commission Agenda and Packet 2021 05 13

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Ordinance No. XXX, Series 2020 Page 8 of 15 D. Land dedication. A developer may seek to provide land to the City in lieu of the development of affordable units. Dedicated land must meet the following standards: 1. All off-site infrastructure necessary or proper for the development of the land as affordable housing either: (i) must already be in place, and any outstanding obligations paid to neighboring landowners for public infrastructure they installed, (ii) the developer must agree to build the infrastructure within a time frame that will not delay the development of the affordable housing and the developer may be required to post securities for the infrastructure via a public improvement agreement, or (iii) the land donation must be accompanied with additional compensation to the City sufficient to construct such infrastructure. 2. The land must be able to support at least the quantity of affordable housing as would be required on-site, without the need for a variance, modification, rezoning, or reliance on any incentive for affordable housing found in this Code, such as a density or height bonus. The developer shall submit a concept plan illustrating how it complies. 3. The land must not be encumbered in any manner including, but not limited to, any lien, outstanding tax or fee accrued, or floodplain, which in any way jeopardizes the City's ability to develop that quantity of housing. 4. The land may not be located in a low to moderate income area as designated by the U.S. Department of Housing and Urban Development, unless an exception is granted by the City Council pursuant to subsection H of this Section. 5. The land must be dedicated to the City at the time of execution of the plat or plan allowing the development of the market-rate units. 6. The developer and the owner of the land shall comply with all environmental site assessment provisions of the Louisville Municipal Code applicable to dedications via plats or site plans, and associated development. 7. The land dedication must be in fee simple and by general warranty deed. At the time of conveyance, the developer shall provide title insurance in the full value of the land conveyed to the City.