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4. Timing Condition Requirement Exemptions: In some cases,timed conditions <br /> on change of zone ordinances are not appropriate. For example: <br /> a. When rezoning a property to an Open zoning designation where the intent <br /> is to ensure open space/scenic/historic/cultural resource protection, public <br /> and recreational uses, etc. In this case,where development of the property <br /> is not the intent, it doesn't make sense to apply a timed condition for <br /> permitted uses. <br /> b. When the Planning Director or County Council are initiating a reversion <br /> of zoning to the previous zoning district designation, the Planning Director <br /> usually recommends removal of all conditions of the zoning ordinance and <br /> the requirements of the original zoning district designation control <br /> development of the property. In this case, adding a timed condition is not <br /> appropriate. <br /> C. Where a property has split zoning, and an applicant is seeking to align one <br /> portion of the property with the zoning of the remainder of the property. <br /> Should the Planning Director be compelled to add a timed condition to the <br /> zoning ordinance, it would only apply to a portion of the property and not <br /> the entire property. <br /> These examples illustrate that prescribing a timing condition for <br /> development in all cases is inappropriate and there should be a provision for <br /> exempting this requirement as necessary. <br /> For the reasons detailed above, the Planning Director recommends that the <br /> Planning Commissions send an unfavorable recommendation of Bill No. 127 as <br /> currently written. <br /> The Windward and Leeward Planning Commissions are required to take action on <br /> Bill 127 as described in Section 25-2-43(b) of the zoning code (Planning Department <br /> Exhibit 2). This bill was transmitted by the County Council to the Department on <br /> February 20, 2024,which means the commissions are required to transmit their <br /> recommendations to the council by June 19, 2024. The commissions may recommend <br /> approval of all, some, or none of the Director's suggestions. The commissions may also <br /> recommend their own revisions to the bill. The Windward and Leeward Planning <br /> Commission's recommendations will be forwarded separately,but at the same time, to <br /> -7- <br />