PD BACKGROUND AND RECOMMENDATION REPORT

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infrastructure and mitigate impacts of a project that would be allowed by proposed zoning prior to securing final subdivision approval or final plan approval/certificate of occupancy, etc. for any possible project or development. These conditions compel an applicant to meet the requirements of current State statute and County Code through subsequent processes that require sign-off by appropriate agencies. This practice is consistent with how some other municipalities approve zoning district changes though consideration of how the zoning change complements overall land use patterns, consistency with long-range plans, and availability of necessary infrastructure. This allows an owner to subsequently develop their property pursuant to development codes at any time,without having to meet arbitrary timing conditions. It is the Planning Director's belief that if the proposed zoning district meets the preceding requirements (including the provision of adequate performance conditions) and would result in an appropriate land use pattern that would further benefit the general public, then there is no need for timed conditions. Furthermore,this will alleviate unanticipated impediments to development of a project(e.g., economic downturn,natural disasters, extended agency review periods, etc.) and allow applicants/owners/developers flexibility to develop a project as favorable conditions allow. Finally,the Planning Director believes that this approach satisfies the Zoning Code requirements for adding conditions of approval for a change of zone outlined in HCC Section 25-2-44. PLANNING DIRECTOR'S RECOMMENDATION The Planning Director appreciates the time and effort the County Council has taken to draft the legislation; however,he cannot support the bill as currently written, thus the Planning Director recommends that the Planning Commissions send an unfavorable recommendation of Bill No. 194 to the County Council. Despite the preceding, the Planning Director is interested in working with the County Council to address their concerns and to ensure that change of zone ordinances contain appropriate conditions to ensure the intent of the Zoning Code. Some suggestions include: I. Strengthen standard performance conditions: As previously mentioned, the Planning Director has been recommending applicable performance conditions rather than timed conditions for change of zone applications. These conditions are meant to ensure adequate infrastructure is provided and address health and safety -4-