§ 154.335 PHASING; COMMENCEMENT OF CONSTRUCTION.
   (A)   Integrity of each phase. Where a project is proposed for construction in phases, the project shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of the Planned Development and residents of the community.
   (B)   Rate of completion of residential and nonresidential components.  
      (1)   Purpose. The purpose of the following provisions is to ensure that Planned Developments are constructed in an orderly manner and, further, to ensure that the Planned Development approach is not used as a means of circumventing restrictions on the location or quantity of certain types of land use.
      (2)   General standards. In developments which include residential and nonresidential components, the phasing plan shall provide for completion of at least 35% of all proposed residential units concurrent with the first phase of any nonresidential construction; completion of at least 75% of all proposed residential construction concurrent with the second phase of nonresidential construction; and completion of 100% of all residential construction prior to the third phase of nonresidential construction. For purposes of carrying out this provision, the percentages shall be approximations as determined by the Planning Commission and Chief Building Inspector, based on the floor area and land area allocated to each use.
      (3)   Modifications to general standards. The percentages may be modified should the Planning Commission and Chief Building Inspector determine that the applicant has presented adequate assurance that the residential component or components of the project will be completed within the specified time period.
      (4)   Completion of each phase.
         (a)   Construction of any facility may commence at any time following site plan approval per § 154.405, provided that construction shall be commenced for each phase of the project within 24 months of the schedule set forth on the approved plan for the planned development. However, the applicant may submit a revised phasing plan for review and approval by the Planning Commission. The applicant shall also submit a statement indicating the conditions which made the previous phasing plan unachievable. Once construction of a planned development has commenced, approval of a revised phasing plan shall not be unreasonably withheld or delayed, provided that the revised phasing does not materially change the integrity of the approved planned development proposal. In the event that construction has not commenced within the required time period and a revised phasing plan has not been submitted, the city may initiate proceedings to end the zoning classification of the undeveloped portion of the site.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999