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
, and shall contain the necessary components to insure protection of
and the health, safety, and welfare of the users of the
and the residents of the surrounding area.
In addition, proposed phasing shall comply with the following requirements:
A. Coordination of residential and nonresidential components.
In
which include residential and nonresidential components, the residential component shall be completed at the same rate or prior to the nonresidential component. For example, if 50% of the nonresidential component is proposed to be completed in a certain phase, then at least 50% of the residential component should be completed in the same phase. One hundred percent of the residential component shall be completed prior to the final phase of nonresidential construction. The construction of
, utilities, and other infrastructure shall be considered completion of a residential component, where the intent is to sell
or
sites to others who will construct the housing units.
The purpose of this provision is to ensure that
are constructed in an orderly manner and, to ensure that the
approach is not used as a means of circumventing restrictions on the location or quantity of certain types of land use. For purposes of carrying out this provision, the percentages shall be approximations as determined by the
based on the floor area and land area allocated to each use. Such percentages may be varied should the
, upon recommendation from the
determine that the applicant has presented adequate and effective assurance that the residential component or components of the project shall be completed within the specified period.
B. Commencement of construction.
Construction of any facility may commence at any time following site plan approval per § 29.02, 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
. However, the applicant may submit a revised phasing plan for review and approval by the
. The applicant shall also submit a statement indicating the conditions which made the previous phasing plan unachievable. Once construction of a
has commenced, approval of a revised phasing plan shall not be unreasonably withheld or denied, provided that the revised phasing does not materially change the integrity of the approved
proposal.
In the event that construction has not commenced within the required time period and a revised phasing plan has not been submitted, the
may initiate proceedings to amend the zoning classification of the undeveloped portion of the site. For the purposes of this section, “commencement of construction” shall mean sustained progress resulting in, by way of example, construction of utilities,
, foundations, or similar substantial improvements.
C. First phase projects. Notwithstanding the above provisions, if proposed as a part of the
, sewer and water treatment facilities shall be completed in the first phase.
(Ord. passed 7-9-2013)