2021-01-07 Windward Exh E (Discussion permit extension)

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The Commissioner had actually put together some language he was going to send it to me I have not received that yet but once I get that we can look at that and add that in. What the proposal or the suggestions would be is that we would be proposing as part of these amendments coming before the joint Commission another amendment that would kind of clarify or identify the criteria for these amendments that would come before the Commission and or the Council. We would add the additional information that was requested by the Leeward Planning Commission and so this is just an update for you and it also is giving you the opportunity to be able to include some suggestions that you might have or ask questions regarding this particular request. This concludes this presentation I can answer any questions that the Commission may have. AU: Jeff, I have a question. Jeff, so as it stands now the Planning Director has the power to approve this, is that correct? DARROW: Well, in almost all permits and ordinances that come before the Commission there's what's called an administrative time extension condition. That basically is an allowance that if the project doesn't be completed within that original time period normally it's five (5) years that they have one (1) administrative time extension for a period not to exceed what was originally permitted. So, if it was 5 years, they can be granted an additional 5 years. It's only given one time and after that period they have to come back before the Commission. But again, even when they come back before the Commission it's going to be normally a time extension request or an amendment of conditions of that particular permit. So, that would be the Commission and or the Council that approves that request. AU: And that's what we just saw with Ikaika Ohana right? They were previously approved on their time extension by the Director and then the second time it came to the Commission that is exactly what happened is that correct? DARROW: Yeah, they not only asked for a time extension but they asked because that actual project was changing scope from a multiple family project to an affordable rental housing project. They actually were requesting some changes or modifications to existing conditions as well. CLARKSON: So, Jeff my question is why is this particularly necessary if the time limits are reasonable and I mean anytime an amendment for a condition comes back to the Department or the Commission we could just say no, circumstances have changed we're not going to approve this amendment and if that kills the project so be it or no, you don't get a time extension if you haven't built it by now you don't get to build it. I don't understand why this other Commissioner is so concerned I mean have projects in the past been approved with unlimited time, twenty (20), thirty (30) years go by and all of a sudden, the community is completely changed in character I mean what's going on. DARROW: Well, I mean I can't answer to the actual intent of the Commissioner I can say that he's had previous background in working with agencies that do these types of reviews and so he felt that it would be helpful for the Commission to have that particular type of language added to 3 EXHIBIT E