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PD BACKGROUND AND RECOMMENDATION REPROT
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2024
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2024-05-22 Leeward
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Item #3 County Council Initiated Bill 127 (PL-CCI-2024-00006)
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PD BACKGROUND AND RECOMMENDATION REPROT
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PD BACKGROUND AND RECOMMENDATION REPROT
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needed to complete development of a project or subdivision or the Planning Department's <br /> best estimates on how long the development process or components thereof would take. <br /> Over the years,unless more time was requested by an applicant, Planning <br /> Directors would usually recommend a 5-year development completion condition (e.g., <br /> time to complete construction for non-residential projects or time to secure final <br /> subdivision approval for change of zone applications that would result in a subdivision) <br /> with the possibility of up to a 5-year time extension should the applicant meet the criteria <br /> for granting one. In most cases this timeframe was sufficient to complete the required <br /> action, however, in some cases, applicants were unable to meet the timed requirements, <br /> which would require the applicant to apply for a time extension with the Planning <br /> Department for recommendation from the Planning Commission and ultimately approval, <br /> modification, or denial by the County Council. Until an ordinance is brought current with <br /> an amendment, it is considered stale,meaning the Planning Department will not process <br /> or issue Final Plan Approval/Final Subdivision Approval or sign-off on any building <br /> permits, until an amendment for time extension is secured. <br /> Over the last year or so,the current Planning Director has opted to start excluding <br /> timed conditions in cases where the proposed change of zone meets the applicable <br /> guidelines for granting a change of zone, is consistent with the General Plan (GP) and <br /> applicable Community Development Plan (CDP) (e.g. a change of zone from A-l0a to <br /> FA-3a outside of the urban area or a change of zone from RS-10 to CN-10 inside the <br /> urban area). Conversely, the Planning Director has added timed conditions to change of <br /> zone requests on lands in fringe areas between urban and non-urban land use designations <br /> typically located around urban growth boundaries. <br /> Unlike other Planning Commission permits (e.g., Special Permits, Use Permits, <br /> SMA Use Permits, Shoreline Setback Variances, etc.), a Change of Zone does not <br /> sanction or compel a specific project or development, thus any land use permitted in the <br /> zoning district is allowed,thus while applicant's usually include information on a <br /> proposed project in their change of zone application, the Planning Director must consider <br /> that other land uses permitted in the zoning district are possible and assess the potential <br /> impacts of the full range of permitted land uses accordingly. <br /> As such,the Planning Director has been recommending performance conditions <br /> which would require an applicant to complete certain tasks to ensure adequate <br /> -3- <br />
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