2020-06-18 Leeward Exh D (AMEND REZ 2004-024 & AMEND REZ 2004-025)

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developments? Such that the applicants must file new applications for new ordinances? That's my first question. CARR SMITH: J, did you understand the question? YOSHIMOTO: I did. I'm not sure what he is asking as it relates to what we are doing here today, though. Because here, you know, we are here on the applicants' requests, you know, for, for basically to amend their conditions. And so I understand his question in the context of what, of what could be done or should have been done. But I'm not sure that that's something that the Leeward Planning Commission would have authority over in terms of making that decision for them, for the applicants. VAN PERNIS: Let me be more specific. The ordinances have expired. The applications seek a waiver or changes in the expired applications. So, aren't the applications also pau? CARR SMITH: Christian, do you want to comment? KAY: Yes, thank you, Madam Chair. So there is a condition in both ordinances. In the case of Suffolk, it's AA, and it reads, "Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation." So if I understand the question correctly, it doesn't automatically revert to the prior zoning but would require an action on the Planning Director, by the Planning Director to initiate rezoning of that area to original or something more appropriate. - - - here says "may," so it doesn't prescribe that it happens; it says, "may." VAN PERNIS: Christian, you said that they had until 2015 with the extensions to comply with the ordinance. I'm not suggesting any change of zone or anything; what I'm suggesting, or what I'm questioning is, since the ordinances were pau as of 2015, aren't the applications also pau? Shouldn't they be applying for new ordinances? KAY: I, I might let Jeff address this, or the Director, but I think as a matter of practice, we have in the past allowed folks to come in after the fact to request amendments, including time extensions, beyond the expiration date of ordinances. And I know that there has been a lot of discussion with both the Leeward and Windward Planning Commission on what to do with kind of these stale ordinances and stale permits. But, in this case, we did accept the amendment request applications and have processed them and come to a recommendation, so, and we are at where we are at right now and moving forward with what's in front of us. I don't know if Jeff or Michael want to address that. VAN PERNIS: Well, what I'm - - -the practice being not appropriate; I'm asking for your opinion as to whether that practice of accepting applications for pau ordinances is, is legal. KAY: In that case I'd have to defer to corporation counsel. CARR SMITH: J, did you want to comment? 10 EXHIBIT D