2022-05-05 Windward Exh C (Item 3 County Council Initiated PL-CCI-2022-001)

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KIMBALL: Actually, I should say so before I even introduced this, I did farm it out to all of the departments for their feedback and comments that's just kind of the way I operate working on legislation. But, in addition, as part of the background from the Department they sent it out for review and feedback from the departments as well, and you can see, in your notation there wasn't anything provided. KERN: And, if I may, Mr. Chair. AU: Yes, go ahead. KERN: Yes, so this process is very similar to an applicant submitting an application, except it comes from the County Councilmember and it started up at the County Council they get that referral. Once it hits the Planning Department, we process it as similar to an application. Send it out for agency comments, reviews, and, as you saw our staff did a whole background report and recommendations. Worked with Councilmember Heather Kimball on this, to come up with the recommendation and some of the little fixes or tweaks or suggestions that we have ultimately to then come to you folks. Both Commissions will look at it, send forward recommendations and ultimately arrived back at the County Council for them to deliberate and potentially pass a bill. So, it's really gone through that really complete comprehensive process, thank you. GALIMBA: Thanks. So, some of our recommendations are that the language is unclear or vague. So, are we making the clarifications at this level, or are we just sending it up to the County Council and asking them to make those changes? KERN: So very similar to say a rezoning request, at Commission it can be deliberated, talked about, amended, voted up favorable or unfavorable or adjusted, it could be deferred to have more time to discuss it and think about it. So, this really does give the Commissions the opportunity to really opine on it, how you folks feel. KAY: And if I may jump in Mr. Chair. So, what we did is we looked at the draft bill to see how it fit within our Zoning Code and our standard practices here in the Planning Department and then made some suggestions for improvements. Councilmember Kimball and I had some great conversations, so we could express to her some of our concerns, some of the issues and some of the clarifications that we were looking at. And so, the outcome of that was her memo that she submitted that you have, and so the reason in the presentation that I went over our 12 recommendations and several of those that were kind of fixed or addressed by Councilmember Kimball's proposed changes. Where that if you are to adopt the Director's recommendations, they would be as amended by Councilmember Kimball's proposed changes as well. So, as we go through again, you have the opportunity to adopt all of those changes wholesale and make that recommendation up to the County Council. You can adopt some of them and not adopt others of them, or you can propose your own amendments to the bill. All of that, again, then gets packaged up both the Windward Commission and the Leeward Commission and these are just additional pieces of information that go up to the County Council for their consideration of the overall consideration of the bill. 23 EXHIBIT C