COM 0508.000 2006-2008 - Laserfiche WebLink

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Pete Hoffmann, Chairman and Members of the County Council Page 2 "Final Plan Approval for the proposed commercial building and related improvements shall be secured from the Planning Director within one year from the effective date of the change of zone ordinance. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five (45) days prior to the date for which plan approval must be secured. Plans shall include a landscaping buffer along the project site's common boundaries with adjoining properties for the purpose of mitigating any potential adverse noise and visual impacts." In the process of submitting plans for Plan Approval for the new building, the applicants were informed by the Planning Department that although the previous applicant (Hilo Audio, Inc.) secured Final Plan Approval in compliance with Condition B, they did not complete construction of the proposed commercial development within 3 years from the date of issuance of Final Plan Approval, as required by Condition C. The applicants, therefore, are requesting a 1-year time extension to Condition B (secure Final Plan Approval) to allow them to re-submit plans for plan approval. With the approval of the time extension for Condition B, the applicants will be able to meet the requirements of Condition C and complete construction of the proposed commercial development within three (3) yeazs from the issuance of the new Final Plan Approval. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result or their fault or negligence. The applicants purchased the property in 2003 with the intention of constructing a new building for the applicant's dental practice and for other office and/or retail uses. They were not made awaze that there was a time requirement that had lapsed. To date, they have expended considerable funds preparing plans for the project. Approval of this request would not be contrary to the General Plan nor the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this area since this request was originally approved that would affect this project. Additionally, the request is not contrary to the original reasons for granting the change of zone. Lastly, there have been numerous rezone approvals to General Commercial in this area. As part of this amendment, the Planning Director will be recommending the addition of several new conditions and changing some of the original conditions to reflect our current standard language for these conditions. Since the approval of this change of zone ordinance, there have been several new conditions added to commercial rezonings as part of the approved ordinances. These include the standard affordable housing and fair share conditions, which will require an applicant to meet affordable housing and fair