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PD BACKGROUND AND RECOMMENDATION REPORT
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2024
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2024-05-02 Windward - CANCELED Due to Lack of Quorum
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#3 County Council Initiated - Bill 127 (PL-CCI-2024-000006)
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PD BACKGROUND AND RECOMMENDATION REPORT
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4/26/2024 10:15:11 AM
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PD BACKGROUND AND RECOMMENDATION REPROT
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AUTHORITY <br /> 2. HCC Section 25-2-44. (Conditions on change of zone) authorizes the Council to <br /> impose conditions on an applicant's use of a property. Subsection (a) states: <br /> "Within any ordinance for a change ofzone, the council may impose conditions <br /> on the applicant's use of the property subject to the change ofzone provided that <br /> the council finds that the conditions are: <br /> (1) Necessary to prevent circumstances which may be adverse to the public <br /> health, safety, and welfare; or <br /> (2) Reasonably conceived to fu f ll needs directly emanating from the land use <br /> proposed with respect to: <br /> (A) Protection of the public from the potentially deleterious effects of <br /> the proposed use, or <br /> (B) Fulfillment of the need for public service demands created by the <br /> proposed use. " <br /> The proposed code change would compel the Planning Director to specify a time <br /> by which all such conditions of approval be completed. <br /> AGENCIES—NO COMMENTS/CONCERNS <br /> 3. Department of Public Works- Engineering Division, Department of Water <br /> Supply, and Police Department. <br /> AGENCIES-NO RESPONSE PROVIDED <br /> 4. Department of Public Works-Traffic Division, Department of Public Works- <br /> Building Division, Department of Environmental Management, Fire Department, <br /> Office of Housing and Community Development, and Department of Research <br /> and Development. <br /> PUBLIC COMMENTS PROVIDED <br /> 5. None as of the date of this writing. <br /> PLANNING ANALYSIS OF THE IMPACTS OF BILL 127 <br /> Since the 1980's, Planning Directors have recommended the addition of <br /> conditions to change of zone ordinances that included a timing element(e.g., time to <br /> secure plan approval/final subdivision approval, time to commence and complete phases <br /> of development,time to complete construction, etc.). These timed conditions were <br /> usually placed on ordinances based on applicant's representations on the amount of time <br /> -2- <br />
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