2021-03-18 Leeward Exh C (Discussion on proposed clause re time extension for permit)

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JACKSON: That is correct, and I just framed it that way, Mike, because Commissioner Van Pernis's suggested language was geared more towards rezones. But you absolutely do have authority to put conditions in and time limits on Use Permits, Special Permits, SMA permits, shoreline setback variances. VITOUSEK: Okay, Commissioner Van Pernis, would you take us through your suggestion? You are on mute. Commissioneroh, there you go. VAN PERNIS: First, I want to point out that the biggest reason for problems and argument in the County Council and in this commission is because of the delays that people seek and without any additional conditions. And I want to point out that I have discussed this matter with members of the County Council, and they uniformly ask why isn't such a condition as I've presented, why isn't that made part of our recommendations. They are generally in favor of this so that they don't have to negotiate. And I would point out that numerous applications, for instance, the past application of Puaa Development LLC and Suffolk Development LLC involved delays and expired ordinances for 25 years, and VITOUSEK: Hold on, Mr. Van Pernis VAN PERNIS: (Indiscernible—simultaneous speech) VITOUSEK: Commissioner Van Pernis, we can't speak directly about any specific projects, but you can speak in the, you know, hypothetical about projects that you are trying to VAN PERNIS: The Youngs app VITOUSEK: You know, we are, the entire discussion about change in conditions and that's okay, but we don't want to relate that(indiscernible—simultaneous speech) VAN PERNIS: All right. Many applications VITOUSEK: (Indiscernible—simultaneous speech)projects—hold on one second VAN PERNIS: I'll just(indiscernible—simultaneous speech) VITOUSEK: for Sunshine Law purposes. Go ahead. VAN PERNIS: Many applications including ones considered today have expired, and people think they can get extensions despite expired applications without having to present or argue any future conditions. This is a major problem and the biggest controversy that has risen. The language I proposed deals with that and leads to open the matter of how long an ordinance should be able to survive without new conditions being considered. It doesn't mean that there have to be new conditions that are imposed, but they certainly need to be considered. There is decades often go by without any sort of contribution added when changes are very significant and need to be added. All of the expenses end up with the taxpayer, rather than the developer who is benefiting. 2 EXHIBIT C