§ 25-5-21. PHASED SITE PLAN.

(A)

An applicant may design a site plan to be constructed in development phases. An applicant shall identify development phases on the site plan and propose the dates for beginning construction of the first and final phases. The director may require that the applicant propose dates for beginning construction of all phases.

(B)

The director may approve development phasing if the date proposed for beginning construction on the final phase is not more than three years after the approval date of the site plan. Planning Commission approval is required for development phasing if the date proposed for beginning construction of a phase is more than three years after the approval date of the site plan.

(C)

The director shall approve a request for development phasing if the director determines that the site plan complies with the requirements of this subsection.

(1)

The entire development must be conducive to phasing, and each proposed phase must be a discrete and substantial part of the entire development.

(2)

Each development phase must independently satisfy the requirements of Section 25-5-43 (Site Plan Release).

(3)

If a traffic impact analysis is required, the phasing plan must implement solutions to identified traffic problems that are approved by the director.

(D)

The Land Use Commission shall approve a request for development phasing and establish dates for beginning construction of each phase if the Land Use Commission determines that the site plan complies with the requirements of Subsections (C)(1) through (3) of this section and that the applicant has demonstrated a reasonable need for the requested phasing dates.

(E)

An interested party may appeal the Land Use Commission's decision under Subsection (D) of this section to the council.

Source: Sections 13-1-608 and 13-1-611; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.