Bloomington, Minn., Code of Ordinances § 9 § 9.10
DEDICATION OF LAND IN LIEU OF CONSTRUCTION OF OPPORTUNITY HOUSING UNITS (Bloomington Housing Opportunity and Preservation Ordinance)
Operative Text
(a) The opportunity housing requirement in § 9.06 may be satisfied by the dedication of land in lieu of constructing opportunity housing units within the development when the Community Development Department determines that all of the following requirements will be met: (1) Marketable title to the site(s) is transferred to the city, or an affordable housing developer approved by the city, prior to the commencement of construction of the residential development pursuant to an agreement between the developer and the city, and such agreement is determined by the City Council, at its sole discretion, to be in the best interest of the city; (2) The site(s) has a comprehensive plan designation authorizing residential uses and is zoned for residential development at a density to accommodate at least the number of otherwise required opportunity housing units within the residential development and conforms to city development standards; (3) The site(s) can accommodate development of the opportunity housing units; (4) Sufficient infrastructure to serve the site(s) proposed to be dedicated including, but not limited to, streets and public utilities, must be available at the property line with adequate capacity to serve the maximum allowable residential development pursuant to zoning regulations; (5) Environmental review of the site(s) has been completed for the presence of water, hazardous materials, radon, lead, environmental toxins, and geological hazards and all such hazards are or will be mitigated to the satisfaction of the city prior to acceptance of the site by the city; (6) The assessed value of the site(s) upon the date of dedication is equal to or greater than the in lieu of payment in effect at the date of dedication; (7) The site(s) proposed to be dedicated complies with the dispersion objective pursuant to § 9.36 ; and (8) Any applicable requirements in the opportunity housing guidelines. (b) The city will not be required to construct opportunity housing units on the site(s) dedicated to the city, but may sell, transfer, lease, or otherwise dispose of the dedicated site(s). Any funds collected as the result of a sale, transfer, lease, or other disposition of sites dedicated to the city under this section will be deposited into the city’s Affordable Housing Trust Fund and used in accordance with the provisions of § 9.38 and City Charter. (Ord. 2019-16 , passed 2-25-2019; Ord. 2019-30 , passed 8-5-2019; Ord. 2024-5 , passed 3-18-2024)
Bloomington, Minn., Code of Ordinances § 9 § 9.10 establishes an alternative path for satisfying the city's opportunity housing requirement: instead of building affordable units within a development, a developer may dedicate land to the city or an approved affordable housing developer. This option is only available when the Community Development Department confirms that a detailed set of conditions are met, including clear title transfer, appropriate zoning and density, adequate infrastructure, completed environmental review, and sufficient assessed land value. Once land is accepted, the city is not obligated to build on it but may sell, lease, or transfer it, with any proceeds flowing into the city's Affordable Housing Trust Fund under § 9.38.
Plain English — not legal advice.
Developers subject to the opportunity housing requirement under § 9.06 who wish to use the land dedication alternative under § 9.10 generally ensure that the proposed site carries marketable title, is zoned for residential use at the required density, has adequate infrastructure at the property line, and has undergone full environmental review with all identified hazards mitigated. The assessed value of the dedicated site must equal or exceed the applicable in-lieu payment at the time of dedication, and the site must align with the dispersion objective in § 9.36. A formal agreement with the city, subject to City Council approval at its sole discretion, must be executed before construction of the residential development begins.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
§ 9.10 is part of Bloomington's broader framework for expanding affordable housing supply, and understanding how land dedications work can help tenants and housing advocates track whether developers are meeting their opportunity housing obligations. When land is dedicated under this provision, any proceeds from its eventual sale or lease must be deposited into the city's Affordable Housing Trust Fund and used according to § 9.38, which governs how those funds support affordable housing. Tenants or community members with questions about whether a specific development has complied with these requirements may contact the Bloomington Community Development Department or consult a local tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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