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§ 154.116 PHASING AND COMMENCEMENT OF CONSTRUCTION.
   (A)   Integrity of each phase.
      (1)   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 unit development and residents of the community.
      (2)   Each phase of a PUD project requires submittal of a site plan and review under the procedures and requirements of this subchapter. However, a larger area could be rezoned PUD than the phase for which development approval is sought. If done, site plan review must still follow the two phase, two hearing process established in this subchapter.
   (B)   Rate of completion of residential and nonresidential components.
      (1)   Purpose. The purpose of the following provision is to ensure that planned unit developments are constructed in an orderly manner and, further, to ensure that the planned unit 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 non-residential components, the phasing plan shall provide for completion of a least 35% of all proposed residential units concurrent with the first phase of any non residential construction; completion of at least 75% of all proposed residential construction, concurrent with the second phase of non-residential construction; and completion of 100% of all residential construction prior to the third phase of non-residential construction. For purposes of carrying out this provision, the percentage shall be reasonable approximations as determined by the Planning Commission and Zoning Administrator, based on the floor area and land area allocated to each use.
      (3)   Modification to general standards. The percentages may be modified should the Planning Commission and City Council determine that the applicant 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. Each phase of the project shall be commenced within 12 months of the schedule set forth on the approved plans. If construction is not commenced within the required time period, approval of the plan shall become null and void, subject to the provision in § 154.115.
(Ord. 02-02, passed 2-11-2002)