DIR1990-00006 DATE: 9/12/1990
CODE SECTIONS: 18.160.050 7"
FTOPIC:1 Subdivision: Phased Development Timelines
INTERPRETATION: Community Development Code Section 18.160.050 (Subdivision Phasing) provides that
the Commission may approve a time schedule for developing a subdivision in phases, but
in no case shall the time period for any phase be greater than two years without reapplying
for a preliminary plat. Code Section 18.80.100.A (Planned Development Phasing)
provides that the Commission may approve a time schedule for developing a planned
development in phases, but in no case shall the total time period for all phases be greater
than seven years without reapplying for conceptual planned development review. Absent
an approved phasing plan for the Anton Park development, we believe the applicable law
for the combined subdivision /planned development is a combination of the two Code
sections cited above. Therefore, these sections would provide that the total development
plan could have been extended through a seven year period following the original approval
as provided by the planned development provisions so long as there was no gap of greater
than two years between recording various phases as provided by the subdivision phasing
standard. However, this has not occurred.
Because of the lapse of time between the original plat recording and any subsequent
subdivision phases, it is our opinion that the original approval is therefore no longer valid.
A new preliminary plat/conceptual development plan for any additional phases must be
submitted for review.