18F.40.090 Phasing of a Subdivision.
Portions of an approved preliminary plat may be processed separately for recording in phases; provided that all phases are approved within the time limits set forth in this Section, and provided that the phasing plan does not violate the intent of the preliminary plat.
A. Phasing. Any preliminary plat with a minimum of 30 lots may be phased subject to the following requirements:
1. At the time of preliminary plat application or major amendment application the applicant must state his/her desire to phase a development. The applicant must provide the County with a conceptual phasing map showing the proposed phases, phasing schedule, and a corresponding list of amenities for each phase;
2. The Hearing Examiner shall have the authority to designate or require the phase in which necessary density, infrastructure, traffic mitigation, critical areas, parks, stormwater mitigation, vegetation preservation areas, or other required amenities and requirements are completed;
3. As each phase is submitted for final plat it will be reviewed for compliance with the approved phasing plan for the subdivision;
4. Each phase must have a minimum of 10 lots;
5. The first phase of a phased subdivision must be submitted for final plat approval in accordance with PCC 18F.40.060 A.1. Each subsequent phase must be submitted for final plat consideration consistent with the schedule determined by the Examiner. The Examiner can approve a range from one to three years between phases. Failure to submit application for final plat approval consistent with the phasing plan will result in expiration of the uncompleted phases of the plat;
6. All amenities for all phases of a development must be installed and maintained prior to granting final plat approval for any phase beyond 10 years from the date of preliminary plat approval unless the Examiner determines special circumstances exist that warrant extending installation of amenities or improvements; and
7. For projects that exceed 10 years or more from preliminary plat approval, the Examiner shall have the authority to bring future phases in compliance with specific design standards that may have been updated or changed since the initial application date.
B. Preliminary plats with less than 30 lots may be phased but are not allowed any additional time extensions except as provided in PCC 18F.40.070, Preliminary Plats – Time Extensions.
C. Time Limitations.
1. The Examiner can approve a phasing plan for plats for up to 10 years from the date of preliminary plat approval subject to compliance with subsection A above.
2. The Examiner can approve a phasing plan for plats up to 15 years from the date of preliminary plat approval for projects with 150 or more lots subject to compliance with subsection A above and the following standards and provisions:
a. The phasing plan is supported by a marketing plan or economic analysis that provides justification for more phase time based on the economic health of existing and forecasted market, and provides a build-out rate based on supply and demand of comparable lots or homes.
b. The marketing plan or economic analysis is prepared by an economist, accredited realtor, market analyst, statistician, or other professional forecaster approved by the Examiner.
c. The Examiner can adjust the phasing schedule for final plat submittal at each final plat hearing when supported by an amended study provided the final phase is submitted for final plat approval prior within 15 years of preliminary plat approval.
3. The Examiner may approve phasing plans in excess of 15 years from the date of preliminary plat approval for subdivisions of 300 or more lots subject to compliance with subsections A.1. through 6. above and the following standards and provisions:
a. The preliminary plat or major amendment application requesting approval of the phasing plan must be submitted prior to January 1, 2016.
b. The phasing plan is supported by a marketing plan or economic analysis that provides justification for more phase time based on the economic health of existing and forecasted market, and provides a build-out rate based on supply and demand of comparable lots or homes.
c. The marketing plan or economic analysis is prepared by an economist, accredited realtor, market analyst, statistician, or other professional forecaster approved by the Examiner.
d. The Examiner shall have the authority to adjust the phasing schedule for final plat submittal at each final plat hearing when supported by an amended marketing plan or economic analysis.
e. The Examiner shall have the authority to impose current development regulations for any phase that has not received final plat approval within 15 years of preliminary plat approval.
f. Project progress reports shall be provided to the Hearing Examiner every three years as conditioned in the Examiner's decision. Such reports shall demonstrate adequate progress is being made consistent with the market plan/economic analysis. In the event the Hearing Examiner determines that adequate progress has not been made during the prior three-year period, the Hearing Examiner shall have the authority to impose additional conditions as necessary to respond to the failure to make adequate progress. Failure to submit application for final plat approval consistent with the phasing plan will result in expiration of the uncompleted phases of the plat as set forth in subsection A.5 above.
D. The Examiner may deviate from the established phasing boundaries or required amenities per phase outlined in the approved preliminary plat decision through the minor amendment process, PCC 18F.40.040.
E. Expiration. Knowledge of the expiration date of the preliminary plat is the responsibility of the applicant. The preliminary plat application shall become null and void if the applicant fails to file for final plat approval in accordance with PCC 18F.40.050 B.1. for the remaining phase(s) prior to the expiration date of preliminary plat approval.
F. Each phase of a subdivision shall be governed by the terms of approval of the final plat for a period of five years after the date of final plat approval.
G. Nothing in this Section shall be construed to supersede the vesting provisions located in Chapter 18.160 PCC, Vesting.