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COM 0898.011 2020-2022
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COM 0898.011 2020-2022
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2/1/2023 9:35:07 AM
Creation date
12/15/2022 1:06:39 PM
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Communications
Communications - Type
COM
Communications - Council Term
2020-2022
Communication
0898
Point
011
Author
Mitchell D. Roth, Mayor
Communications - Referred To
PCPLUD
Document Relationships
AGE PCPLUD 2023/01/05 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
AGE PCPLUD 2023/01/24 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
AGE PCPLUD 2023/02/07 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
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paths, maybe they want something else. But wouldn't it be more I guess; my term would be fair <br /> to have them come in again as a new application because the ordinance is now expired. <br /> KERN: It's kind of the same thing whether they are coming back through and it's, I guess, <br /> it's just a difference of semantics in the way, right? They have to come back in, and they have to <br /> submit in a fresh application, they have to submit what they're requesting, are there any other <br /> deviations from that existing zoning, is there any supporting elements that will help with that. <br /> Sometimes it comes in and its light meaning that it doesn't have the information we need so then <br /> staff would request that. So, the challenge we that we run into is that it's not just a simple open <br /> and shut case. Where, let's say you have rezoning that went from Ag 1 to RS-10. So, <br /> Agricultural-1 acre to Residential-10,000 square feet. When the zoning ordinance expires, or <br /> that condition expires. The zoning doesn't just automatically revert back. The zoning is actually <br /> in the state of limbo. Where it's zoned Ag-10, excuse me, zoned RS-10 but they can't actually <br /> do anything with it. They can't subdivide it; they can't do anything because the conditions <br /> haven't been met so the ordinance is what we call stale. They also can't go in and use it for Ag-1 <br /> because that's no longer the zoning that it has. <br /> So, you actually get into a state where the property is not usable. And so, at that point in time, <br /> they have to come in and say, I want to revert it back to its original zoning or I want to get an <br /> extension of time, I want to bring it back up to its current zoning or I want to do something <br /> completely different. If it's completely different they have to submit a completely fresh new <br /> application. If it's just for the same the thing and they want to do say, extend the time, then that <br /> would be time extension request. In this case, the ordinance based on the intention of where this <br /> is going, I want to say it's 10 years, that 10 years have expired, that zoning ordinance basically is <br /> expired but the property still in limbo. <br /> LIN: Mr. Inaba? <br /> INABA Thank you. Director, in terms of this administrative extension. When we look at <br /> the language it says that we insert into the bills currently. It says, "An initial extension of time <br /> for the performance of conditions within the ordinance maybe granted by the Planning Director <br /> upon the following circumstances". And it goes into what Director Kern already covered. If <br /> someone is granted 5 years, and they come to you six(6)years later. So, technically its expired <br /> are they able to get an administrative extension since technically the rezoning ordinance has <br /> expired? But would you retroactively, technically you could give 5 years, but would you give 5 <br /> years from the day the ordinance expired, or would you not give an extension at all since the <br /> rezoning ordinance is not expired? <br /> KERN: I don't believe I have had to deal with that personally. Maija, could you maybe <br /> explain previous practice. <br /> JACKSON: Yes. So, if the ordinance say you have 5 years to construct and there's an <br /> administrative time extension condition if the person comes in at year 6, we would grant the <br /> administrative time extension because they're within that 10-year period. Provided that <br /> conditions haven't changed right, like infrastructure or the plans for the area and then once they <br /> hit year eleven(11) let's say and they come in and say, "Well, we have a project now, we want <br /> 9 <br /> EXHIBIT B(DRAFT) <br />
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