PD BACKGROUND REPORT (PL-SMA-2022-012_AmendSMA-07-024_&_PL-REZ-2022-014_AmendREZ-07-075)

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However, since the SMA conditions are duplicative of conditions within the change of zone ordinance, the Applicant trusts that the information provided in this request can be accepted as the 2020 annual progress reports for both the ordinance and permit. Y. An initial extension of time for the performance of conditions within this ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence.... 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. • In this case, the Planning Director in a letter, dated July 24, 2014, granted the initial extensions to both Ordinance 09 08 and SMA 07-000024 to February 9, 2019 (Exhibit F). As additional time is needed, the Applicant is requesting an additional five (5)years to address the requirements of Conditions E and 14 (project completion) of these respective land use approvals. VII. JUSTIFICATION OF REQUEST Condition Y of the Ordinance 09 08 (Exhibit A) and Condition 15 of SMA 07-000024 (Exhibit B) 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 and Leeward Planning Commission, with the recommendations of the Planning Director. 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. As noted in the request for the administrative time extension (Exhibit E), upon acquiring the subject property in August 2013, the Applicant took immediate steps to address the various conditions imposed upon the development that included complying with the off-site park requirement by engaging a local architectural design firm to develop park options for presentation to the County, as well as redesigning the subdivision layout. 17Page