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Small scale planned unit developments shall be allowed in the R-3, R-4 and C-1 zones, provided that a parcel has a minimum of three acres and is owned by one continuous property owner. The standard allowable density shall be eight dwellings per acre, up to a maximum of ten units per acre utilizing affordable housing density bonuses. At least twenty-five percent of the gross area of the planned unit development shall be retained in permanent open space. Parks, playgrounds, sidewalks, nonmotorized pathways and trails may be computed in the twenty-five percent open space requirement. Land proposed to be devoted to vehicular streets or roads, parking, and driveways, shall not be included in the computation of open space, park or playground areas.

The Planning Commission may approve two additional units per acre over and above the standard density otherwise allowed in a planned unit development if the petitioner increases the number of affordable housing units according to the following formula:

% of Area Median Income

Bonus Units to be Used for Affordable Housing

60

2 out of 10 dwelling units

80

3 out of 10 dwelling units

A. Every affordable housing unit shall be sold or conveyed pursuant to a deed restriction (covenant) containing the following requirements:

1. The purchaser must qualify with verified income meeting affordable housing guidelines;

2. Each unit must be owner-occupied for at least the first five years, and no individual shall be entitled to own more than one affordable unit;

3. Appreciation in value over purchase cost of each residential unit shall be capped at four percent per annum;

4. The City shall be designated as a necessary grantor in every conveyance of an affordable housing unit;

5. Leasing shall be permitted no sooner than five years from the date of purchase, with lease rates being no greater than the amount of the monthly first mortgage payment, plus ten percent; and

6. The City shall be designated as a third-party beneficiary entitled to enforce, enjoin, or seek damages for violations of the deed restrictions.

B. The City may require additional deed restrictions to affordable housing units incident to approval of the final plat/plan to the extent dictated by the attributes of the particular development, lender requirements, or state or federal regulations. (Ord. 99-06 (part), 1999)