2019-03-21 Leeward Exh B (Discussion on condition deadlines)

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(A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. “(b) Changes or alterations of conditions of any change of zone ordinance shall be processed in the same manner as a change of zone, unless the council authorizes the changes or alterations to be made by the director. A request for any change or alteration of conditions shall be submitted in writing to the director, in lieu of the application required for an applicant-initiated change of zone. The request shall be accompanied by a filing fee of $250.” So just with that, a typical amendment request or Change of Zone would come in with the request and reasons for the request, along with the filing fee. Normally, that involves a time extension, but that’s not the only thing they will come in; they will come in sometimes because there is an issue with a particular condition and they need to amend that condition to go forward. “(c) Failure to fulfill any conditions of the zone change within the specified time limitations, or any extensions thereto, may be grounds for the enactment of an ordinance making further zone changes or for … designation, upon initiation by either the director or the council in accordance with section 25-2-43.” \[Remark from the audience that Mr. Darrow had skipped a line in reading his presentation on the screen.\] Oh, I’m sorry, “further zone changes or for rezoning of the affected property back to its original zoning designation or a more appropriate zoning designation, upon initiation by either the director or the council in accordance with section 25-2-43.” I apologize. We will discuss this in greater detail in regards to the consequences for these actions. So looking at the Planning Commission Rules, I didn’t put every rule relative to time extensions for reference. What I did was reference to Special Permit, Use Permit, they are very similar, as well as the SMA Permit. All the others are almost identical in language, so if you, as we are dealing with this, they are very similar in their language regarding time extensions. So this is Rule 6 in our Planning Commission Rules as relative to Special Permits. Rule 7 is relative to Use Permits, and the language is very similar: “The applicant may apply to the Commission through the Planning Department for an amendment to the permit or condition(s) imposed. “(b) In the case of time extensions, the applicant shall file the request not less than ninety days prior to the expiration date of the time conditions, setting forth: (1) The affected condition; (2) The length of time requested; and (3) The reasons for the request.” So that’s the typical information that is requested in the Rule. “If the Commission is not able to act on a properly filed time extension request prior to the expiration date, the use granted under the Special (or Use) Permit may be continued, unless the Commission specifically disallows the activity during the interim period. 3 EXHIBIT B