This chapter establishes criteria, standards and procedures for the city council's consideration of a development agreement that varies certain base zoning requirements, when such agreement enables the city to obtain supplemental facilities or benefits that cannot otherwise be obtained by the city's existing requirements. In enacting this chapter, the city council finds and determines that such development agreements will assure high-quality development within the city and are needed to protect the general health, safety and welfare of current and future city residents.

(Ord. No. 2024-4, § 1, 9-3-24)

An applicant for a proposed development or redevelopment in the city may submit a request for a development agreement that is a voluntary agreement between the city and an applicant. This chapter shall not prevent the city from requiring a development agreement to secure public improvements required by any provision of this code.

(Ord. No. 2024-4, § 1, 9-3-24)

The city council, in its sole discretion, may approve a development agreement under this chapter when the agreement establishes a public benefit that exceeds the zoning requirements otherwise required for the development, and the development will meet at least one of the following criteria for delivery to the city by a date certain:

A.

Provides permanently deed-restricted community housing in an amount and manner determined sufficient by the city;

B.

Dedicates additional land to the city for a public use in an amount and manner determined sufficient by the city; or

C.

Constructs additional public improvements in an amount and manner determined sufficient by the city.

D.

In addition to A., B. or C. above, a deed-restriction is recorded against the property imposing a real estate transfer assessment payable to the Leadville Lake County Regional Housing Authority in support of community housing.

(Ord. No. 2024-4, § 1, 9-3-24)

For a development that meets the criteria in Section 17.94.030, the following modified underlying zoning requirements may be available:

A.

Creation or extension of a vested property right in compliance with Chapter 17.84 of this code;

B.

Increase of up to twelve (12) feet in the maximum building height permitted as set forth in this Title 17;

C.

Increase of up to twenty (20) percent in the maximum gross density permitted as set forth in in this Title 17; and/or

D.

Additional increases in building height or gross density may be approved if the city council makes a specific finding of public need and public benefit at the time of approval.

(Ord. No. 2024-4, § 1, 9-3-24)

A.

A proposed development agreement may be submitted as a part of a site plan application.

B.

The city council shall consider the development agreement as part of the site plan application for the development and shall determine whether the criteria in Section 17.94.030 are met. A development agreement, if approved, shall be adopted by ordinance following notice and a public hearing before the city council. Notice of the public hearing shall be published as specified in Section 16.28.050(A).

C.

Following approval, a development agreement, along with its adopting ordinance, shall be recorded with the property records of the Lake County Clerk and Recorder and is a covenant running with the land.

(Ord. No. 2024-4, § 1, 9-3-24)