PD BACKGROUND REPORT (AMEND REZ-11-146)

Home

IV. RESTATEMENT OF REQUEST Conditions B and C required completion of the project within five(5)years and submittal of a water calculation study and payment of the water commitment fee within 180 days,respectively, of the effective date of the ordinance(March 6, 2012). These conditions were not complied with,in spite of the initial five (5)year extension to complete the project. Considering the above,the Applicant—Takata Dental Health Center, Inc. -is requesting time extensions of an additional 180 days to address the water related requirements and five(5)years to complete the project with an opportunity for an administrative extension. In the event the administrative extension option is unavailable,the Applicant requests five(5)years to commence and ten(10)years to complete the project. IV. JUSTIFICATION OF REQUESTS Condition P of the rezoning ordinance (Ord. 12 33)outlined three(3)criteria whereby a time extension may be considered. These criteria and their justification for both extension requests follow. A. The non-performance is the result of conditions that could not have been foreseers or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. The subject site was the family home of the Applicant. Coming from a family of dental practitioners,the Applicant had planned to relocate its practice to the subject site where parking and community accessibility would be greater. As such, it sought and received rezoning approval in 2012. Along the way,conceptual plans were finalized,resulting in the receipt of Final Plan Approval on May 29, 2015, all within the allotted construction timetable of the rezoning ordinance. Shortly thereafter, the dwelling and related structures were demolished in accordance with a demolition permit issued on July 10, 2015. Regrettably,the health of one of the principals—who was the driving force behind the project—turned south and the project languished. The project was then picked up by the other principal, who was unable to provide the needed attention to the project given the demanding schedule of his dental practice. As such,an administrative time extension was granted on October 16, 2016 to March 6,2022. The project suffered another setback with the untimely passing of the project architect in December 2019. And the COVI❑-19 pandemic wreaked havoc on all plans, beginning January 2020. 6