2019-08-01 Hearing Transcript - Admin Matters #2

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that standpoint that yeah, you're proposing that, but the, it could change, you know. But, yes, the conditions are placed on there to make sure that they do certain improvements with the project that they're doing. Chair Clarkson and I were discussing that earlier, is that, you know, the conditions we send out, the applicant submits 20 copies of each application. We sent it out to all these agencies requesting for comments. They submit comments saying we want to see this done on the project and this, and we want to see curb, gutter, sidewalk, we want to see these drainage improvements. Those kind of things. We place those in as conditions. The problem that has been occurring is that we're getting requests for zoning extensions, time extensions, sometimes 20-30 years after the original zoning was approved, right? And, so, they're coming back just asking for a time extension. The Leeward Planning Commission felt that's not right. If anything, we should make it so that their conditions have expired. They need to come in with a whole new request, but to review it almost as if they did when they originally came in. So, they have to have all the reports, all the studies. We review it like we would review—is it still consistent with the General Plan? Is it still consistent with the CDP? And, those kinds of things. Now, if it isn't, let's say 30 years down the line, the General Plan changed and now all of a sudden that property that was slated for Urban is now slated for Open, then they're not going to get their zoning approved. Their request, even though it's in a sense a time condition, we're looking at it brand new, right? So, that's one of the options here. The other thing that came up was that you cannot look at each project the same. Sometimes, you have a small, little 20,000 -square foot lot come in for a residential rezoning that's going to allow one house, and you have conditions, and you tell them you can do that in five years. And, then, you have a person that comes in and they have an acre of commercial, and we tell them well, you have five years to do that project. Or, if they come in with a 100 -acre project in, you know, some of these project districts that are huge projects, there's no way they can do this project in five years. They'll be lucky to get through the permitting in five years. So, we want to be able to start considering this phasing option where maybe we have a time condition on the first phase, and then it initiates the second phase. We don't know at this time yet whether or not it's appropriate to have conditions for each phase, but once you know, okay, they're off the ground, they're running, then, okay, they're going. You know, they're on their way. Another suggestion was to not writecurrently, conditions have a deadline and then there's an allowance for an administrative time extension. Planning Department feels that's appropriate because at that point, there's conditions in that language that say if the project still is consistent with the General Plan, if it's still consistent with the Zoning Code, if it's, if the reason for the request was not based on their fault but unforeseen circumstances, the Planning Director can allow an additional time period for before they have to come back. What's a possible suggestion, is to add in a little, another requirement for that administrative time extension that the applicant should have done something—either come in for Plan Approval or a Building Permit or done some sort of work on the property. But, if they after five years, did nothing, then really at that point, it's like, are you really able to proceed with this project? So, again, that's speaking about this. EXHIBIT D 3