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COM 0332.001 2020-2022
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COM 0332.001 2020-2022
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7/28/2021 10:37:11 AM
Creation date
7/16/2021 12:59:52 PM
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Communications
Communications - Type
COM
Communications - Council Term
2020-2022
Communication
0332
Point
001
Author
Zendo Kern, Planning Director
Communications - Referred To
PC
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AGE PC 2021/08/03 (2020-2022)
(Related)
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\Council Records\Agendas\2020-2022\Planning Committee (PC)
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CLARKSON: I have one more question on a different item for staff. I've looked several times, <br /> but I don't see perhaps maybe someone from staff can point out where the time limits are in the <br /> conditions. There's references to time limits but I don't see a condition which actually sets any <br /> time limits in the condition. Except the hundred eighty(180) days for the sewer connection so <br /> that's fine with me I don't think there should be any time limits but where are they? <br /> CAMERO: So, Commissioner Clarkson in situations like these especially along Kino`ole Street <br /> where there had been other rezones, we've set time limits as far as like the start of construction <br /> shall occur within 5 years and all of these improvements shall be made within those within the 5 <br /> years. However, in this case because there is that existing use there what we did was in <br /> Condition B we had mentioned at first that a plan approval shall be required prior to change in <br /> tenancy that was one of our timing triggers or when there is an establishment of a new land use <br /> permitted within the CG zoning district or in addition to an existing structure or development in <br /> accordance with our Chapter 25 that was in the original recommendation for Condition B. <br /> Condition G also had the prior to change in tenancy wording however,in yesterday's Director's <br /> revised recommendation and conditions of approval that were sent via email. The Director is <br /> proposing to amend those conditions in removing the change in tenancy requirement in <br /> Condition B as well as removing the change in tenancy in Condition G. <br /> I <br /> CLARKSON: Okay, fair share, so Condition O is about time extensions. An initial extension of <br /> time, granting the time extension, the time extension granted shall be for a period not to exceed <br /> the period originally granted for performance. Where are the time conditions in these in this list <br /> of conditions which O refers to? <br /> CAMERO: So, O, yes,I understand that question now. As far as the time conditions, the time <br /> conditions that were proposing right now for the applicant's because they aren't proposing to <br /> change the use, they're not proposing to construct new structures they just want to continue to <br /> have this non-conforming use but now really coming into conformance with our Chapter Code. <br /> That's why they are really coming in for this change of zone so what we're proposing and the <br /> time conditions will really occur later on and the applicant can answer what their plans are for <br /> the future: But, right now the only timing that we have is once they decide to change their <br /> establishment of a new land use like if they wanted to come in for a drive-through or a possible <br /> medical clinic or if they wanted to just evenadd on to some sort of structure or move some sort <br /> of structure on the property. Then we would require them to go through and do the water <br /> calculations as well as complete the sidewalk requirements. The sewer requirement though <br /> that's something that we can't allow for a time extension that is required by Chapter 21-5 and we <br /> are proposing in our conditions that 180 days from the effective date of this ordinance they will <br /> have to connect to the sewer. <br /> CLARKSON: Okay, I understand about Condition J,but, since there aren't any time conditions <br /> like you've got to do this within 5 years don't you think that all references to time extensions and <br /> triggers for time extensions should be removed except for J? <br /> JACKSON: Commissioner Clarkson you are correct. There're no specific time conditions so <br /> you're questioning why we have the administrative time extension condition. Correct? <br /> i <br /> 8 <br /> EXHIBIT B (DRAFT) <br /> I <br /> i <br />
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