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

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So – oh, I don’t know what happened there \[with the PowerPoint image on the screen\] – so, we will also look at these very reasons when we look at a time extension request, and these two items here pretty much pull in almost everything that we look at originally. So, is it still consistent with the General Plan; is it consistent with the Community Development Plan; has there been a new Community Development Plan; is it consistent with that new Plan; is there change in the Zoning Code; is it still consistent with the Zoning Code; is it still consistent with the original reasons or criteria for granting the original request? So we always look at those issues when we present the background and recommendations for these request to the Commission and to the Council. So it’s, it’s a, sometimes, I mean, we comment all the time that sometimes for staff, it’s, an amendment request can be a lot more cumbersome than the original, a new request because it’s like we have to hash out everything and even more so because we have to go through and look at compliance of conditions that happened and what has changed and everything. It becomes quite a process. I won’t mention some of them, but we’ve had some recently that were just unbelievable, the amount of amendment request in a particular ordinance; it might have been easier to just do a new ordinance. Anyway: “4. The time extension shall be for a period not to exceed the period originally granted for performance.” For example, if the, if construction was to be completed within five years, the administrative time extension can be granted by the Director up to five years. There has been cases in the past where the Director did not grant a full five years; they may have been granted a portion of the period because maybe the Director wanted to see if they were actually going to make some movement on there, or maybe the applicant said I don’t need five years, I only need a year because I’m almost done, or something in that nature This last one, 5, is we add that on this administrative time extension condition, but it’s also the condition that we have, if the applicant is coming in for a time extension and that’s approved, there is no longer an administrative, normally, there is no longer an administrative because they’ve already received that, so this would be the condition added regarding additional time, which states: “5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council (or the Planning Commission),” depending if it’s an ordinance or a permit, “for appropriate action.” Okay, so consequences, there’s two; there is one for ordinances and one for permits. Ordinances, this is typically at the end of an ordinance: “Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation.” That’s the consequence right there. There is no fine, there is no jail time, there is, it’s those two options there. So what happens is, the Planning Director, normally, to approve a rezoning, you have to be consistent with the General Plan, you have to be consistent with the Community 7 EXHIBIT B