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UNGER: And just some background on this Planning Commission, we have brought up several
<br /> times now, and we are working through the concept of when a project time extension expires.
<br /> And I have to say it's a difficult situation, because it has expired. And so it's something that we
<br /> are talking about discussing, but expiration means expiration in most cases. So, so just putting
<br /> that out there. And I understand your discussion as to why it was extended etcetera, but at some
<br /> point the reason why you are going through all this convincing, I guess, or discussion with the
<br /> Planning Commission is that, hey, this thing expired, and now you are trying to make an
<br /> argument on why this body here should say, yes, it expired but. And so that's, that's an issue
<br /> that we are dealing with, and it's a very serious issue when it comes to projects like this.
<br /> VITOUSEK: And on that note that this is a zoning request, not a permit expiration; so it's a
<br /> zoning request that's not in compliance with the conditions. So, you know, we had talked
<br /> previously about the difference between an SMA Permit who has expired versus a zoning
<br /> ordinance that's not in compliance with the conditions. So, you know, in the past when we
<br /> reviewed this kind of thing, it has been, is this project something where the easiest path towards
<br /> completing the project is retaining the zoning, if the project has the kind of benefit that we
<br /> believe is what the community needs, or is it not the kind of project that we think the community
<br /> needs, therefore the zoning needs to be amended? So I think that, you know, if we have the
<br /> opportunity to make a thorough review of this, because I think this is a very important project to
<br /> thoroughly consider, and give us the adequate time that we need to look through the details of it.
<br /> CARR SMITH: Yeah, on the topic of expirations of conditions, that's definitely something that
<br /> both the Leeward and the Windward Planning Commission, they have been discussing, and the
<br /> Planning Department has made some recommendations, and we are working toward that,
<br /> because it really puts us in an awkward position to have to deal with these because it doesn't feel
<br /> right to us to just automatically extend expired permits or zoning, so that's something we are
<br /> working on. I think it's a matter of getting the two Planning Commissions on somewhat of the
<br /> same page as well.
<br /> I just want to get some clarity just to make sure that I understand this. So the CDP sees these
<br /> parcels as a Neighborhood TOD, but if you are talking about a Project District TOD, then that's
<br /> the larger combination of the parcels to get it to over 50. Do I have that right? It's complicated
<br /> to me.
<br /> FUKE: Well, you know, the process is so convoluted, you know, and I had to read it many times
<br /> and still then, I'm still confused. But like from, if I can distill my understanding, you know, very
<br /> simply, you know, like this area is generically referred to as a Neighborhood TOD area on the
<br /> CDP. It's generically referred on the Plan, and then it gets established, if you go through the
<br /> zone process, you know,the zoning process. And the CDP says like one of the ways to achieve
<br /> that is to go through a Project District zoning; they encourage you to go through, encourage, you
<br /> to go through the Project District zoning process because you can get these design flexibilities,
<br /> you can get additional densities, mixed uses, so on and so forth, and so they are saying that if you
<br /> can do that,then that's the, that's what, the route that they would do, and they would also
<br /> promise to expedite the permit because you are doing something that really what the Plan is
<br /> saying. On the other hand, the CDP, as I read it, says that if you look at the map and if you look
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