(a)

The purpose of this article is to provide a procedure whereby the number of dwelling units permitted on a plot or parcel of land may be increased in certain specific situations and subject to certain conditions in accordance with the applicable provisions of this Code and, particularly, the implementation section of the city's land use plan. Reserve units have been established to allow the city to provide an incentive for quality development and for the dedication of land or the payment of fees in lieu of dedication of land for municipal purposes, when such dedications and payments are in excess of those ordinarily required pursuant to the applicable provisions of city and county law.

(b)

For the purposes of this section and other relevant sections of the Code, the term "reserve units" shall mean dwelling units held in reserve in accordance with the provisions of the city's land use plan, which units may be used in certain specific situations at the discretion of the governing body to increase the density permitted on a parcel over and above the density indicated on the city's land use plan map.

(Ord. No. 83-2-497, art. 14, § 1, 2-24-83)

Cross reference— Definitions generally, § 1-2.

In evaluating the application for reserve units, the city shall consider the proposal's consistency with the goals and objectives of the city's land use plan; the purpose of the reserve unit concept as stated in said plan; the characteristics of the surrounding area; the characteristics of the proposed development; the community need for the type of development proposed; the ability of the city and county to provide service for the additional dwelling units and the type and extent of the dedication for municipal purposes proposed by the application.

(Ord. No. 83-2-497, art. 14, § 2, 2-24-83)

(a)

An application for reserve units shall be filed in conjunction with an application for final site plan review. The application shall include the number of dwelling units permitted by the current zoning and the number of reserve units requested.

(b)

The application for reserve units shall be reviewed along with the final site plan by the development review committee, the planning and zoning board and the governing body. An approval of the final site plan shall also be an approval of the application for reserve units. A denial of the final site plan shall also be a denial of the application for reserve units.

(c)

An application for reserve units may be approved by the governing body with conditions and stipulations. An approval of an application for reserve units with such conditions and stipulations as may be approved by the governing body shall be evidenced by an agreement which shall be signed by the city and applicant, and such agreement may, at the option of the applicant or the city, be recorded in the public records.

(d)

Upon approval of the application for reserve units, the city shall reduce the number of reserve units available for use elsewhere by the number of reserve units approved in connection with the relevant application, and the city shall inform the county planning council of such action.

(Ord. No. 83-2-497, art. 14, § 3, 2-24-83)

(a)

At the discretion of the governing body, reserve units may be allocated to a development for the payment of fees in accordance with this section in lieu of the dedication of lands where those fees are in addition to any and all city and county requirements. The amount of the fee to be paid for a reserve unit shall be determined by the following methods:

(1)

The developer shall obtain an appraisal report from a qualified appraiser approved by the city which report determines the value of each additional unit to the developer.

However, at the option of the city, the city may employ its own qualified real estate appraiser, at its own expense, for the purposes of reevaluating the subject property in accordance with this article. If the property owner is not satisfied with the appraisal provided by the city, the city's real estate appraiser and the property owner's real estate appraiser shall appoint and employ a third qualified real estate appraiser, at the cost and expense of the property owner, who shall evaluate the subject property and whose conclusion ultimately reached shall be binding upon both the city and the property owner as to the value of such property as required by this chapter.

(2)

The developer shall pay to the city a sum equal to 100 percent of the appraised value of an additional unit for each reserve unit permitted.

(3)

The developer may enter into a binding agreement with the city which shall become a lien on the property for the fee owed the city for the reserve units. The fee shall be paid as building permits are issued in proportion to the number of reserve units granted to the number of dwelling units permitted for the development.

(b)

All moneys collected under this section shall be deposited in an interest-bearing account separate from all other city funds and shall be used only for the development of park and recreation facilities and other municipal facilities but shall not be used for the day-to-day maintenance and operation of city facilities.

(Ord. No. 83-2-497, art. 14, § 4, 2-24-83)