Loading...
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plat recording and any subsequent subdivision phases, it is our opinion that the original approval is therefore no longer valid.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.