SECTION 2: Phasing Plan

1. The Comprehensive Plan of the city includes a staging plan to show how development in the city will be phased over the next 20 years. The phasing plan shows four stages of growth extending to the year 2024. The phasing plan was developed to accommodate an average of approximately 600 housing units per year in each urban phase in order to help the city manage its growth. The phasing plan is based on a number of units in each phase, and therefore will manage the growth from phase to phase. This policy establishes the phasing plan for Phase 1 of the overall staging plan that the city has set forth in the Comprehensive Plan.

2. A seven-year Growth Management System is hereby adopted as Phase 1 of the city's Growth Staging Plan, which distributes the platting of lots among the major landowners/developers set forth in Exhibit A attached hereto and made a part hereof.

3. As set forth in Exhibit A, Phase 1 shall be developed at a rate which will average 600 dwelling units per year.

4. A development phasing plan shall be approved as a part of the approval process for preliminary plats and planned unit developments for each of the tracts of land set forth on Exhibit A. Preliminary plats and planned unit developments shall be reviewed and approved in accordance with the development schedule set forth in Exhibit A.

5. Every application for a preliminary plat or planned unit development for any part of the property set forth in Exhibit A shall include a phasing plan that complies with the seven-year phased allocation plan set forth in Exhibit A.

6. The number of lots created through the platting process in a given year shall be controlled through the extension of utilities and subsequent assessment of benefited properties.

7. The developer/landowner shall have the right to accrue lots/units, such that they may forgo platting lots in one year in order to plat more lots in a subsequent year. However, at such time that this policy is reviewed or revised in the future, the city reserves the right to re-allocate lots/units that are not approved for development.

8. This policy does not allow for the outright transfer or sale of the allocation of units between developers/landowners. However, through a Planned Unit Development, the city may allow lots/units from one tract of property to be transferred to another, if it promotes the goals outlined in the purpose statement of this policy.

SECTION 3: Exceptions

1. This Growth Management Policy shall only apply to property in Phase 1, as set forth on Exhibit A through the year 2007.

2. The Growth Management Policy shall not apply to property located within the 2000 MUSA line. These properties have already been assessed for public utilities, and they do not require the extension of municipal utilities to develop.

3. The Growth Management Policy shall not apply to property located in the R-2 "Rural Estate" areas of the city.

4. The Growth Management Policy will not apply to parcels of 20 acres or less in size, even if such a parcel is purchased or owned by a developer or land owner set forth in Exhibit A, or their successors or assigns. These exception parcels shall be of record as of the date of the adoption of the Comprehensive Plan, May 10, 2000. The purpose of this exemption is to encourage the incorporation of smaller parcels into larger development plans to provide for more continuity of design and neighborhood compatibility. The City Council also recognizes the adverse affects that the inclusion of smaller parcels in the allocation process would have on the current owners of those parcels. The density and allocations assigned to the exception parcels of less than 20 acres can be used anywhere within the adjacent development which it becomes a part of.

5. In order to implement the city's affordable housing goals, an increase in the unit allocation shall be allowed in addition to the density bonus (from 3.5 to 4.5 units per acre) set forth in the Comprehensive Plan. In accordance with the city's Comprehensive Plan and Housing Action Plan, affordable units (both rental and ownership) shall not count toward the 600 per year growth management cap. In addition to the affordable unit being exempt from the growth management cap, the developer shall receive one market rate unit exempt from the growth management cap for every affordable rental unit, or long-term affordable ownership unit that is developed.

   The Comprehensive Plan of the City provides that the density bonus system for affordable housing requires a minimum of fifteen percent (15%) of the units be affordable.

6. In order to implement the city's greenway corridor and open space goals, an increase in the unit allocation shall be allowed in addition to the density bonus (from 3.5 to 4.5 units per acre) set forth in the Comprehensive Plan. If the amount of open space dedicated as part of the development reaches 15 percent (as compared to the required 10 percent), the density shall be allowed to reach four units per acre. If the amount of open space dedicated as a part of the development reaches 20 percent (as compared to the required 10 percent), the density shall be allowed to reach 4.5 units per acre.

   The areas proposed to be dedicated to open space must be consistent with the city's Comprehensive Plan provisions for greenway opportunities, park plans, etc., or must be adjacent to or provide an enhancement to existing park facilities. Property dedicated must be useable upland (not wetlands, ponds or utility easements, etc.). The City Council will retain the discretionary right to determine whether or not it will accept the property proposed to be dedicated for open space or greenway corridors.

   Additional units allowed pursuant to this exception shall be divided equally over the entire seven seven-year phase so that an additional allocation will be made for each year of the phase.

7. In order to maintain the spirit and intent of this growth management policy, the number of bonus units allowed to be platted in a given year, due to the inclusion of affordable housing or the dedication of green space, shall not exceed 28.5 percent of the total units allocated for that year, as set forth in Exhibit A. These bonus units shall be awarded in the development agreement for each development as it is approved, until such time that the cap for that particular year is reached.