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Alex B. on July 20, 2017 at 3:10 pm
The statutory requirement was on the books, and the implementing regulations were in final form at the time that the zoning order was issued.

That may be, but the effective date is a bright-line rule. And PUD amenities are judged by a comparison to a by-right development proposal. IZ was not in force at that time. 

If you want to argue it was bad faith, fine. But rules go into effect on a particular date for a reason. 

Do you have any other examples of statutorily required affordable housing counting as a public benefit under the PUD regs? Any examples that aren't edge cases due to the timing of IZ implementation? 

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