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re-evaluated and new conditions can be composed based on the changing in the environment <br /> surrounding the project. I think that that kind of serves the intent of what we are offering here <br /> and sort of fits within the actual practices of what you are proposing while maintaining that—we <br /> are not putting a sunset on the zoning, which could have tax implications; what we are saying is <br /> we are putting a sunset on the conditions indicating that, you know, they will need to be <br /> re-evaluated should change, should conditions around the property be changed. Does that make <br /> any sense to you? Commissioner Van Pernis, go ahead. <br /> VAN PERNIS: The proposed language requires a new application; it doesn't leave the matter to <br /> the discretion of the applicant, or the planning director in granting a continu- an extension. <br /> We've seen time after time, and it has been a great cause of problems and consternation where an <br /> ordinance expires but the applicant and planning director consider it as not expired but we'll just <br /> go ahead and talk about an extension. There is no opportunity for public input for instance. <br /> Public input is very important in this <br /> VITOUSEK: I think there is (indiscernible–simultaneous speech)public input. <br /> VAN PERNIS: —our job of servicing the community. Public input is eliminated by the present <br /> process for extension of expired ordinance. I also have a lot of problems with the fact that <br /> saying something will be subdivided by a certain date means nothing to the applicant or the <br /> planning director. <br /> VITOUSEK: Maija, go ahead, I think you had your hand up for a while, I think. Go ahead. <br /> JACKSON: Thank you. I just want to speak to the actual language that Commissioner <br /> Van Pernis proposed. <br /> VITOUSEK: Yep. <br /> JACKSON: I do have concern with the second line. Atone point I heard Commissioner <br /> Van Pernis say that the zoning would remain, but this language says, "If there is not such <br /> completion, the ordinance shall terminate and be of no further force or effect automatically and <br /> without any further action." So when an ordinance terminates, that means <br /> VITOUSEK: "Except," it says, "except any zoning of the property granted or which was <br /> allowed by the ordinance shall remain in effect." <br /> JACKSON: Yeah, so you can't do that; you cannot terminate a zoning ordinance yet keep the <br /> zoning. Legally, I don't think that works. We could have Malia chime in, but when you rezone <br /> a property, the ordinance is what changes the maps legally and then actually changes the code. <br /> So I don't know how to go about doing that legally. <br /> VITOUSEK: I think that, you know—again, this is very, what is being proposed by <br /> Commissioner Van Pernis, is actually similar to the practice of requiring a reconditioning of a <br /> stale ordinanceI think that if we can have language that is put into the ordinance when it's <br /> issued that if the ordinance lapses, the commission can then recondition that ordinance based on <br /> 5 <br /> EXHIBIT C <br />