Where a project is proposed for construction in phases, the project shall be so designed that each phase, when completed, contains all essential features, services, and facilities, necessary to ensure the long-term viability of each such phase, even if later phases are not completed. In addition, proposed phasing shall comply with the following requirements:

(1)

In developments 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 percent of the nonresidential component is proposed to be completed in a certain phase, then at least 50 percent 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 roads, utilities, and other infrastructure shall be considered completion of a residential component.

The purpose of this 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. For the purposes of carrying out this provision, the percentages shall be approximations as determined by the planning commission based on the floor area and land area allocated to each use. Such percentages may be varied should the city council, upon recommendation from the planning commission 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.

(2)

Construction shall be commenced for each phase of the project within 24 months of the schedule set forth on the approved plan for the planned unit development. The applicant may submit a revised phasing plan for review and approval by the planning commission. The applicant shall also submit a statement indicating the conditions which made the previous phasing plan unachievable. In the event that construction has not commenced within the required time period and a revised phasing plan has not been submitted, the city may initiate proceedings to amend the zoning classification of the site to return it to the same classification in effect before the planned unit development was approved.

(Code 1994, § 16.07)