2021-03-18 Leeward Exh A (AMEND REZ 04-012)

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propose that the zoning be lost, but that after a five-year, another five years, where we've gone 20 years without subdivision, that a new application be appropriate. So I would ask that condition, or the new amended ordinance, has any consequence if the five years is not met, or it does mean nothing. CAMERO: SoI can answer that, Commissioner Van Pernisso, going down to condition O, if the five years aren't met, the applicants will have to come back to the Planning Commission and go through this process again and request for an additional time extension at that time, if they can't complete any of the final subdivision. VAN PERNIS: And that's with no additional conditions or no penalty whatsoever? VITOUSEK: At that time, any additional conditions could be imparted upon review of the secondary extension just like we are doing now; the, you know, the ordinance has become stale, we are taking a look at the zoning and determining if there are any updated conditions that need to be put in place. That's kind of the idea of what's happening here and that will be what will happen in the future. I feel like condition O could be updated to include that it would be before Planning Commission review, as well as being submitted to the County Council, for appropriate action. Would that make sense to everybody? CAMERO: Yes, that would. Typical Planning Department process is that before this ordinance will go to the County Council, it would come in to the Planning Department and the director would direct it to the Planning Commission to make a recommendation on it, and we would essentially start this all over again, as well as what I just kind of did. VITOUSEK: If—okay, Commissioner Van Pernis, go ahead. VAN PERNIS: Why can that be stated in the amended ordinance? VITOUSEK: It will be, it will be stated as condition O of the recommendations to the Planning, to the County Council, and then it will be up to them to include it in their ordinance; we are purely a recommendary body to the County Council for a zoning change or time extension. So we can make the recommendation in our conditions, and then it'll be up to the County Council to incorporate that or not. I would actually like to—is there, are there any other questions from the commission? (No audible response) Okay, I would like to ask a couple of questions, more, they are a little bit more general, so you'll have to pardon me for that, but I just thought this was an interesting example where you have a long-time kama`aina family in the Mahi's who were attempting to subdivide for family purposes, and obviously ran into some issues with being able to compete that subdivision, and I just want to take a second to try to take a look at the barriers that prevented them from having, being able to complete the subdivision and allow their family to take over it. Is there any indication as to why the original applicant was unable to complete the requirements? CAMERO: Not that I know of. I know Ms. Mahi, she immediately came and she started the subdivision process one year after the ordinance was approved; however, she did pass away in 6 EXHIBIT A