PD RECOMMENDATION REPORT (PL-REZ-2022-015_AMEND REZ-05-027)

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The non-performance on timed conditions 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 of their fault or negligence. The previous landowner, Nimble Inc. sought and was granted a change of zone in 2006 and began working on compliance with conditions of approval towards the development of a seven (7) lot subdivision. In 2010, the current landowner secured a partial interest in the property and shortly after the property was involved in an extensive litigation with the former owners of the property. Despite the landowner's efforts at the time, the landowners were unable to obtain Final Subdivision approval by June 2011 and did not seek an administrative time extension from the Planning Department. In 2011 the Planning Department deemed the subdivision application null and void. The current landowner resolved the land title issues in 2015 and due to unforeseen circumstances with business and a weak real estate market at the time, the landowner elected to defer completing conditions of approval until 2020. In 2021 the current landowner along with a new surveyor and engineer for the project submitted a subdivision application for the subject property and made efforts to complete water commitment requirements where they learned that the time to complete final subdivision had lapsed. To recitfy this oversight the landowner is requesting a five (5) year time extension to complete the subdivision. In addition, the landowner is requesting amendments to Condition E and deletion of Condition J to be more consistent with most recent rezoning conditions in this area. Based on the reasons provided it is determined that the applicant could not have foreseen the title issues, which was beyond their control and was not the result of their fault or negligence. Furthermore, the Planning Director has recommended updating the existing conditions to reflect the current standard language and adding new conditions as recommended by agencies. The applicant is committed to complying with the conditions of approval, including the requirements for protecting and maintaining the naturally forested areas on their property by creating forest reserve easements and enhanced structural setbacks on the property(s). Lastly, the applicant will be required to comply with all agency requirements and stated conditions of approval. Granting of the time extension amendments would not be contrary to the -2-