COM 0134.000 2018-2020 - Laserfiche WebLink

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Mr.Michael Yee,Director October 17, 2018 Page 7 Aside from aforementioned time extensions,the Applicant is requesting an amendment to Condition B to make clear that a new structure may be constructed on the site. It is also understood that some of the other conditions may need to be updated and new ones attached to reflect prevailing policies and/or ordinance. IV. JUSTIFICATION OF REOUEST Condition 0 of the rezoning ordinance(Ordinance No. 06 107) outlined three (3) circumstances under which the Planning Director could consider an initial time extension request. These circumstances presumably also apply to an extension to be considered by the County Council, with the recommendations of the Planning Director and Windward Planning Commission. As such,these circumstances and their justification follow. A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. Subsequent to the Applicant purchasing of the subject, several factors affected their ability to develop the property within the prescribed time. As noted earlier,the Applicant acquired the property in 2017. It had every intention of developing it, as evidenced by their proceeding to address and complete the delinquent off-site infrastructure requirement. The Applicant believed that it could have completed the project in late July 2016 or early 2017 or, if an extension were needed,just a few months or less than a year after the deadline. However, getting the required construction plans prepared and finally approved took longer than anticipated. As noted earlier,the construction plans were only recently approved(September 2018),nearly two years after the deadline. Because of the construction plan approval delay plus the ambiguity of being able to construct a new building,the Applicant elected to defer the development of any building plans until these (time extension and clarity on the ability to construct a new building)issues were addressed. If the amendments are approved,the Applicant and/or its successors would be in a better position to secure the required financing to construct a new building on the site. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code.