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Section 1211.04    Residential Development Allocation

(a)      Annual Allocation
          The City Council shall establish annually, by June 15, the total residential
          development allocation in terms of number of residential units that shall be
          granted allotments in the subsequent allocation year. This allocation shall be
          based on a recommendation from the City Manager and Planning Commission
          and shall be produced according to the criteria and procedure set forth in Section
          1211.07.
 
(b)      Frequency Of Allotments
          There shall be two allocation dates during each allocation year. Fifty (50) percent
          of the total number of residential development allotments approved each year by
          City Council shall be awarded on or before August 1st and March 1st, except as
          provided in this Chapter.

(c)      Priority Development Pool
          Eighty (80) percent of the annual allocation shall be made available solely for
          development having priority status granted pursuant to this Chapter. If the number
          of allotments sought by applicants having priority status exceeds the number of
          allotments available for priority units, the City Manager shall award such
          allotments on a prorata basis as set forth in Section 1211.06(b).

(d)      General Development Pool
          Twenty (20) percent of the annual allocation shall be made available solely for
          development not having priority status. If the number of allotments sought by
          applicants not having priority status exceeds the number of allotments available
          for non-priority units, the City Manager shall award such allotments on a prorata
          basis as set forth in Section 1211.06(b).

(e)      Maximum Allotment
          No single development may apply for an allocation in excess of the number
          available in the allocation period or be awarded more than thirty (30) residential
          development allotments in any one year, except if there are no competing
          applicants for such allotments. However, all applicants are eligible for multi-year
          allotments and reservations as set forth below. For purposes of this section, a
          single development shall mean one or more contiguous parcels, lots, or units
          owned by any person, persons, legal entity or entities or any combination thereof
          that have a common ownership interest of more than fifty (50) percent in each
          such entity. If any question arises as to the nature of such ownership interest, the
          developer or developers involved shall have the burden of providing necessary
          evidence to prove that not more than fifty (50) percent common ownership
          interest exists among them.

(f)      Optional Multi-Year Allotment Reservations
         (1)      Reservations (commitments for future years' allotments) may be granted
                   by the City Council to a subdivision having received preliminary plan approval, 
                   upon written application and the advice of the City Manager and
                   Planning Commission, for a period of up to three (3) consecutive years if
                   one or more of the following criteria are satisfied:
                   (A)      The site design of the proposed development makes extended
                              construction phasing infeasible. This requires but is not limited to
                              a demonstration that the economies of scale will result from
                              construction occurring at once:
                              (i)      the proposed development is intended as a single building
                                       that cannot easily be constructed in phases; or
                              (ii)     the public facility investments for the proposed
                                       development, such as roads, water, and sewer facilities,
                                       must all be installed at the initiation of the project, making
                                       phasing economically infeasible; or
                              (iii)    at least twenty-five (25) percent of the units in the project
                                       are classified as affordable housing units as defined in this
                                       Chapter; or
                              (iv)    the proposed development will result in housing restricted
                                       for occupancy by persons 55 years of age or older; or
                    (B)     The unique impacts of construction of the proposed development
                              on the surrounding neighborhood will be reduced by construction
                              at one time rather than phasing; or
                    (C)     The proposal minimizes the impacts on infrastructure by
                              incorporating innovative structural design characteristics or other
                              techniques that minimize the use of water, electricity, and other
                              municipal services.

           (2)      Multi-year allotment reservations, in total for all developments, shall be
                     limited to no more than fifty (50) percent of all projected annual
                     allocations for up to three (3) consecutive annual allocation years
                     beginning with the year the reservations have been granted by City
                     Council and shall be equally split between the six semi-annual award dates
                     following final plat recording by the County. Upon the granting of
                     allotment reservations by Council, the applicant must make application to
                     convert an application deadline. For the duration that reservations are
                     outstanding, the applicant may not apply for additional allotments by the
                     procedures of this Chapter, except such applicant may compete for excess
                     allotments on equal status to applicants qualifying under subsection
                     1211.06(f).

            (3)     Allotments shall not be awarded to an applicants lots pursuant to a multi- 
                      year allotment reservations until the final plat for the development has been 
                      approved and recorded with the County. Such allotments shall not be awarded
                      until a semi-annual award date of each of the consecutive annual allocation years
                      and must be used within two (2) years of each semi-annual award date. In the 
                      event the applicant does not obtain final plat approval, the multi-year allotment 
                      reservations shall becomeull and void.
                     All multi-year allotment reservations which have been granted shall be a       
                      factor considered by the City Manager, Planning Commission and City
                      Council when recommending and establishing the annual residential development
                      allocations. 

(g)       Unallocated Surplus Allotments
            Allotments that are not awarded in the first semiannual allocation period (August -
            February 28) shall be carried over automatically into the next semiannual allocation
            period (March 1 to July 30) in the same allocation year (August 1 to July 30).
            Allotments not awarded at the end of any allocation year (August 1 to July 30)
            shall be treated as surplus and may be considered by the City Council in establishing
            the annual residential development allocation in the following year, but shall not
            automatically carryover.
             (1)      Allotments for each semiannual allocation period that remain available after
                        the award of allotments to all applicants who made application for that
                        semiannual application period, shall be made available as follows:  one
                        allotment to each applicant qualifying under Section 1211.05, "Development
                        Allotment Application Procedures", of this Code after that semiannual award
                        date and until the next semiannual allotment application deadline.

             (2)      Allotments that are not awarded in the first semiannual allocation period
                        (August 1 to February 28) shall be carried over automatically into the next 
                        semiannual allocation period (March 1 to July 31) in the same allocation
                        year (August 1 to July 30). 
               
             (3)      Allotments not awarded at the end of any allocation year (August 1 to July 31)
                        shall be treated as surplus and may be considered by the City Council in establishing
                        the annual residential development allocation in the following year, but shall not
                        automatically carryover.

 
(h)      Additional Allocations For Projects Of Special Merit Or Subject To Special Hardship 
           In any one allocation year, the City Council may, upon advice of the City Manager and 
           Planning Commission, award up to thirty (30) residential development allotments in addition
           to the normal yearly allocation provided for in Section 1211.04(a) to projects of special merit 
           or subject to special hardship,including:
            (1)       Projects in which at least twenty-five (25) percent of the units to be built 
                       are deed restricted to housing for the elderly over sixty-two years of age or 
                       disabled persons or are classified as affordable housing units as defined in 
                       this Code; or
            (2)      The project is a mixed-use commercial/residential development that will
                       contribute substantially to the preservation, enhancement and revitalization 
                       of the downtown area of the City; or 
            (3)      Already approved subdivision plans that are proposed to be redesigned in such
                       a manner that substantially advances the goals of the Comprehensive Plan and 
                       accomplishes one or more of the following purposes:substantially lessens the 
                       impact on public services and facilities, reduces overall densities, improves
                       protection of sensitive natural areas such as wetlands, riparian areas, wildlife
                       habitat, and woodlands, or provides additional public amenities such as parks, 
                       green ways, and open space, or
             (4)     Where exceptional or other unusual conditions exist that are not common
                       to other similarly situated developments, where the property in question
                       will not yield a reasonable return in the foreseeable future or there will not be 
                       any beneficial se of the property in the foreseeable future without an allotment 
                       being awarded during the current allocation period, and  provided that such allotment 
                       will not have the effect of nullifying or impairing the intent and purpose of this Chapter.

(i)          Adjustment of Annual Development Allocation
              
If conditions warrant, the City Council, upon advice by the City Manager and Planning
              Commission based on the criteria set forth in Section 1211.07(a) of this Chapter, may
              increase or decrease the annual allocation on or before January 1 of each allocation year.
              However, if the allocation is reduced, it shall not reduce or revoke any allotments made
              pursuant to the previously existing allocation.