20.260.040 Time Limits.
A. Time limit on filing of detailed development plan. Within two years after the date that the conceptual development plan is approved, the applicant shall prepare and file with the Planning Official a detailed development plan to be reviewed pursuant to 20.260.030(B)(1) VMC. In the case of phased development, as governed by Subsection (C) below, this provision shall apply to the first phase of the development.
B. Extension.
1. No less than three months before the expiration of the two-year approval period the applicant may request a one-year extension by means of a Type I process, using procedures contained in Section 20.210.040 VMC, which the Planning Official shall approve upon finding provided that:
a. No changes have been made on the original conceptual development plan as approved by the Commission.
b. The applicant can show intent of applying for detailed development plan review within the one-year extension period, e.g., by providing evidence of an application for financing.
2. No less than three months before the expiration of the first extension, the applicant may request a second one-year extension by means of a Type I process, using procedures contained in 20.210.040 VMC, which the Planning Official shall approve upon finding that:
a. The applicant has pursued submitting the detailed development plan in good faith; and
b. There have been no changes to the comprehensive plan, zoning ordinance, development standards or other applicable codes that are inconsistent with the approved concept plan.
C. Phased development.
1. The Planning Commission may approve a time schedule for developing a site in phases, but in no case shall the total time period for construction of all phases exceed seven years, as measured from the date of approval of the original concept development plan until the date that building permit(s) for the last phase is(are) obtained.
2. The criteria for approving a phased detail development plan proposal are that:
a. The public facilities shall be constructed in conjunction with or prior to each phase; and
b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or special district standard. (Ord. M-3643, 01/26/2004)