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IV. JUSTIFICATIONS OF REQUEST <br />In situations where a rezoning ordinance allows consideration for <br />administrative time extensions, the request is measured against three (3) <br />criteria. As such, absent any guidelines provided in the Planning <br />Department rules governing time extensions, the applicant's time <br />extension request will be evaluated against those criteria. <br />A. The non-performance is the result of conditions that could not have <br />been foreseen or are beyond the control of the applicant, successors <br />or assigns, and that are not the result of their fault or negligence. <br />After receipt of the zoning approval in 2005, the applicant worked to <br />address a number of conditions over the following 2-3 years. Most <br />notably, it worked with the State and the Innovations Charter School <br />over the possible conveyance of a 5 -acre site for a future school. A <br />surveyor was hired to prepare and process the subdivision map to <br />create this 5 -acre lot. The subdivision application received tentative <br />subdivision approval, and final approval was contingent upon making <br />substantial infrastructure improvements that could have been feasible <br />only if the commercial and residential projects were developed as well. <br />Concurrently, it had its engineer address the drainage issues that <br />required interaction with both the State Department of Transportation <br />and the County. <br />Regrettably, because of the global economic meltdown and the <br />financial crisis that precipitated the recession in 2008, securing the <br />required financing to initiate and complete the project became a major <br />problem, Much of the attention was then directed towards exploring <br />alternative uses of the property, which now includes a residential <br />component; doing the appropriate financial pro forma for a possible <br />revised project; and exploring sources of construction financing. <br />Understandably, this recession was clearly something that was not <br />within the control of the applicant and certainly not one that the' <br />applicant and so many others anticipated. Although there are signs <br />that the economy is on an upswing and turning "north", time is still <br />needed for the applicant to address the various conditions of approval, <br />then incorporate and finalize its plans, as well as securing the required <br />financing. .. <br />B. Granting of the time extension would not be contrary to the General <br />Plan or Zoning Code. <br />1. GENERAL PLAN: The proposed request is not contrary to the <br />General Plan's -Land Use Pattern Allocation Guide ("LUPAG") Map <br />20 <br />