2019-04-04 Hearing Transcript - Admin Matters Item 1

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to the change of zone provided that the council finds that the conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (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" and "Changes or alterations of conditions of any change of zone ordinance shall be processed in the same manner as a zone change, unless the council authorizes the changes or alterations to be made by the director. A request for any change or alternation 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." Lastly, "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 rezoning 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." So, to just reiterate these, basically, when we look at conditions for, to be placed on a zone change or a Change of Zone application, we want to make sure that it meets this criteria. A lot of, there are times that we try to be specific to a proposed project, and that's what we need to kind of stay away from. An example would be if the applicant came in and they are requesting a change of zone from Residential to Commercial but they also had a site plan showing an office building. The reality is we're looking at the zone change. We're not looking at the office building, because once that's approved, basically anything that's allowed in Commercial zoning can be permitted there. What happens is sometimes there's a tendency to want to hold the applicant to that representation. Unfortunately, that's something what we're trying to not do. It becomes in a sense like a Use Permit or a conditionally permitted use. And, we want to look at it, is this area, is this zoning appropriate for this area, and those areas of permitted uses in that district. CLARKSON: Can I ask a question? DARROW: Of course. CLARKSON: So, if a zone change is for any of the approved uses for that zone over basically any time period going on, why aren't, why are there any time limitations to zone changes? Once you change the zone, why not just have it a permanent zone change that is forever? DARROW: That's going to be one of our areas that we're going to discuss as far as what do we do from here, and those are—that's one of the issues that was brought up. Once we approve a zoning change, why are we looking at time, you know? So, that's something we need to look at overall but basically what happens is things change over time, right? The General Plan changes, the CDP changes, the infrastructure changes, so there should be some sort of time requirement to allow the project if it's not built in a timely manner to come back and be re -reviewed as far as does, is it still compatible with the General Plan? Is it still consistent with the CDP? Is the infrastructure requirements still okay for this particular area? So, there's reasons for having a timeline on it, but again, that was an issue brought up in the Leeward Commission, is that if the EXHIBIT E 2