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PD BACKGROUND & RECOMMENDATION REPORT (PL-CCI-2022-002)
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2022-10-20 Leeward
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Item #4 County Council Initiated Bill No. 194 (PL-CCI-2022-000002)
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PD BACKGROUND & RECOMMENDATION REPORT (PL-CCI-2022-002)
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specified time limitations and the addition of submittal instructions for a <br />change of zone amendment, which is currently found in section 25-2-44(b). <br />■ Section 25-2-44(d): The draft bill proposes to add this new section to clarify <br />that if the applicant fails to fulfill any conditions of the change of zone <br />ordinance within the specified time limitations, the Planning Director or <br />County Council may initiate the process for enactment of an ordinance <br />reverting the affected property back to its original zoning designation or a <br />more appropriate zoning designation in accordance with section 25-2-43. <br />AGENCY COMMENTS <br />4. Fire Department: (Planning Department Exhibit 2 — September 8, 2022 <br />Memo) <br />AGENCIES — NO COMMENTS/CONCERNS <br />5. Department of Public Works- Engineering Division, Department of Water Supply <br />AGENCIES- NO RESPONSE PROVIDED <br />6. Department of Public Works -Building Division, Department of Public Works - <br />Traffic Division, Department of Water Supply, Department of Environmental <br />Management, Police Department, Office of Housing and Community <br />Development <br />PUBLIC COMMENTS <br />7. Testimony from Mark Van Pernis: (Planning Department Exhibit 3 — August <br />24, 2022 Email) <br />PLANNING ANALYSIS OF THE IMPACTS OF BILL 194 <br />Since the late 1980's, Planning Directors have historically added the current <br />standard "administrative time extension" condition to change of zone ordinance <br />recommendations that provides the Planning Director the authority to grant a one-time, <br />administrative time extension provided that the applicant, successor, or assigns is able to <br />justify the need for the additional time by providing a request, in writing, that meets the <br />following criteria: <br />The non-performance is the result of conditions that could not have been <br />foreseen or are beyond the control of the applicant, successors or assigns, <br />and that are not the result of their fault or negligence. <br />-2- <br />
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