Ordinance 2022-1839 - DENIED - Laserfiche WebLink

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Denied on Second Reading 4. Timing of off -site construction. No final plat or site plan shall be executed for the location of the market -rate units until a final plat sufficient to facilitate the development of the affordable units, and final PUD if necessary, have been recorded. Phasing and security shall be governed in the same manner as on -site locations as described in subsection A.2 of this Section. The affordable housing agreement shall run with the land and shall be recorded against the off -site location. 5. Approval of the use of this option does not guarantee approval of any land use application or building permit for the off -site location. The developer risks forfeiture of security if unable to build the off - site units as proposed. 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. Ordinance No. 1839, Series 2022 Page 9 of 16