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Development Plan, you have to be consistent with the Zoning Code, and you have to meet the
<br />criteria for approval; so you would think that the zoning that got approved was the appropriate
<br />zoning designation for that particular area. So we run across a lot of older expired ordinances
<br />that have just been sitting, and when requested why doesn’t the Planning Director initiate
<br />rezoning back to its original, and sometimes even the applicant will ask, can you please revert it,
<br />but that’s actually the proper zoning for that area, and to revert it, it may go back to an
<br />inappropriate zoning. I mean, if you are in the middle of an urban core and you change it back to
<br />agriculture, then we are looking at any development requiring a Special Permit or something.
<br />That might not be what we want to see happen. So what happens is that zoning will sit because
<br />it needs time, it needs to come back to the Commission and to the Council for a time extension to
<br />be able to move forward. Again, we look at the bigger picture when we go through that because
<br />things will have changed, all the conditions are updated, fair share is updated, roadway
<br />conditions are updated, water conditions are updated, traffic reports are required, if an
<br />archaeological report is outdated, those will be required; so, it’s, again, as if they are doing the
<br />work normally associated with a new permit or a new ordinance, if it’s been some time, okay?
<br />So what will happen is it sits until somebody comes forward that can do a project there. And
<br />again, that’s something that the Commission has to consider, as well as the Council; is that what
<br />we want to see happen or do we want to create a process where an ordinance is good for a period
<br />of time, and then it’s, it expires, it actually reverts back? And legally, we’ll have to, you know,
<br />look into this to see if it’s going to require an actual ordinance to revert it back or if the
<br />ordinance that is created has the ability to revert it back after a period of time. So that’s an
<br />option. So, that’s one consequence, that’s the ordinance consequence. For permits, it says:
<br />
<br />“Should any of the conditions not be met or substantially complied with in a timely fashion, the
<br />Planning Director may initiate procedures to revoke the permit.”
<br />
<br />Now, this is different because permits normally are specific to a specific project; it’s not zoning
<br />where you have a multitude of uses that are allowed. It’s I’m coming in for a school or a church
<br />or some type of use that’s very specific. They have to build that project; they don’t have
<br />flexibility to build something else unless they come in and amend or to revoke and come in with
<br />a new permit. So what happens is, this has happened not a lot but in an occasion where the
<br />Planning Director initiates revocation based on non-compliance of conditions. And a lot of times
<br />the applicant, we’ve got, in our last rule change there are applicants that just say, look, I’m not
<br />doing the project any more, can you please revoke it? Previously, we had to come to the
<br />Commission to request it, but we were able to change the rule to just say if it’s an applicant
<br />requesting revocation, we can just go ahead and revert it, I mean revoke it. So that is for permits.
<br />
<br />Okay, let’s look at our ideas here for consideration. Number 1, the Planning Commission
<br />always, even now, has the ability to deny a time extension or an amendment request. And this
<br />happens on occasion, especially with amendment requests that are not reasonable or they are
<br />asking for something that the Commission doesn’t agree with, and it won’t be approved. So
<br />that’s a current option. Another option, okay, this would require additional action from the
<br />Planning Commission or the County Council to revoke the permit or zoning ordinance. So
<br />again, that’s the request that comes before the Commission or the Council; they have the ability
<br />to deny the request.
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<br />EXHIBIT B
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