|
Now, we've submitted and, for the Director's consideration, what we call the master plan. I think
<br />Christian had shown what we have done, you know. We had Michael Riehm prepare what is called,
<br />you know, this transect map and also this master plan, kind of revised master plan, basically
<br />showing, you know, where your connectivity is, you know, connection orientations, so on and so
<br />forth, they are there. The Director had summarily rejected that; he said like, no, you know, I'm
<br />sorry, it doesn't pass the master, so you've got to go back to the drawing board. So, ultimately, what
<br />happens is that the Director's position was that we plan to have like a master plan before we can
<br />even come before this Planning Commission. Now, I ask yourself this, you know, like I think that's
<br />- - - for the applicant is that it gives the Planning Director an enormous amount of discretionary - - -.
<br />We can submit a new plan, and he can reject it. We can resubmit:again, and they can reject it.
<br />When will it end? That's the question, you know. When will it end? And how long is it going to
<br />take? So, such that, you know, what we are fearful of is that it,may come to a point where this
<br />Commission may never see this application - - -, if we, hIad agreed to that condition,
<br />Now, the developer, or the applicant, is concerned like, you know; wewanted to have it processed
<br />and met two criteria: One was it's got to be transparent; and, two, it's--got-to be fair, it's got to be - -.
<br />So we had thus proposed—and it's shown in Condition X in Suffolk's and Condition Z in Puaa, you
<br />know, which was transmitted in my October [sic] 3rd�letter—What we had proposed was that we are
<br />not dismissing the idea for need for master plan. We recognize; -we know what the Planning
<br />Director's saying. We are not, we are not saying it's riot. important. We are saying it's important.
<br />But consider this: We are saying that wet are ,having a master plan prepared, this is going to include
<br />both properties. Now, this condition, you- kn6w,: two, ordinances; .okay, you have a master plan that
<br />includes both properties and addresses all. of the e'l'ements that you are calling for—mix-uses,
<br />walkable community, housing, phasing, whatever have you: So we .need to still develop the master
<br />plan that incorporates both plats;. then to also ,.consider that this .is,_,a Neighborhood TOD, Transit
<br />Oriented Development;�Jhat's the master plan.Now, we are also proposing as a condition that there
<br />is a three-day review period by the" Design Center; and not like an interminable period; you'll never
<br />know once you submit, when you come out., You"know, there's got to be that kind of--- in terms
<br />of decision=making. And then; thirdly, then once younhave this master plan reviewed, vetted, and
<br />that would 1'serve as a basis for Plan Approval: 'Ain .let me tell you why you want to have it tied into
<br />Plan Approval. Plan Approval is a `process that basically enables the Planning Director to look at the
<br />plan and make -sure that it conforms with the General Plan, Community Development Plan, make
<br />sure it conforms with the Zonirig. Code in terms of the setback, the height, the parking, so on and so
<br />forth. And if there -are any - - - conditions of rezoning approval, then they all have to be addressed.
<br />That's your Plan Approval. So-the'Planning Director has to review that and then make a decision.
<br />You know the beauty behind that -Process? Two things: One is that it gives transparent and
<br />equitable—first of all, there is 4 -`45 -day time limit from the time the application is filed and the
<br />decision-making --- ; two is that if the decision is adverse to the applicant, you know what happens,
<br />at least the applicant can appeal the Planning Director's decision to say like it's arbitrary, capricious,
<br />it's an abuse of discretion, so on and so forth. If you were to assume the Director's original position
<br />of saying we want to have an approved master plan before we can appear before you guys, where is
<br />the equity? Where is the, where is the liberty to say, no, we want to come back and see - - - with
<br />you, Planning? But we don't have that opportunity. So what we are proposing here is a process that
<br />address to see your master plan requirement, but at the same time, provides for transparency,
<br />provides for minimal of abuse by the Planning Director. This is absolutely not at all to suggest that
<br />20
<br />DRAFT
<br />
|