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VITOUSEK: And would you mind just discussing briefly the Plan Approval and what triggers
<br /> Plan Approval and what that takes place for some of the Commissioners?
<br /> KAY: Sure, yeah, we have a Plan Approval section in our Zoning Code that lays out when Plan
<br /> Approval is required, what different types of uses are required—generally for commercial uses,
<br /> or if you are changing from residential to commercial or some kind of industrial uses. And it's
<br /> not just parking, Plan Approval also looks at drainage, it looks at landscaping. So it's another
<br /> opportunity for us to check in and make sure that through our Code we are able to address some
<br /> possible impacts on the surrounding community, noise, visual impacts, drainage impacts, and
<br /> things like that. So that's kind of, in a quick nutshell, what Plan Approval looks like. So
<br /> anytime a shopping center wants to come in or a store wants to come in, and they meet the
<br /> criteria to be triggered for Plan Approval, they would come in and submit to us a set of plans that
<br /> showed parking, that showed landscaping, they would have already done a drainage plan that's
<br /> approved by Department of Public Works, and once they meet all those criteria, then we would
<br /> grant them Final Plan Approval, and then they can move on to construct their parking facility
<br /> and then move on for occupancy. So you'll see in some of our commercial rezonings that come
<br /> in front of you, there is a Plan Approval condition. So that's what that kind of looks like. Does
<br /> that answer your question?
<br /> VITOUSEK: Yes.
<br /> KAY: Okay. And then, and so back to the original question about kind of what would that
<br /> trigger be, once they've been granted Plan Approval, unless they are going to build another
<br /> structure—so for instance, if anybody's familiar with Prince Kuhio Plaza in Hilo, the mall was
<br /> built, and then they came in and built some additional structures that house like Vorizon Wireless
<br /> and Genki Sushi and things like that, at that point they had to come back in and do another Plan
<br /> Approval to make sure that the parking was sufficient, that their landscaping was consistent,
<br /> those types of things but in a case where you have an old parking lot that's been there for 20
<br /> years and they are not building anything else, there is no other real hook to get them to come
<br /> back in for another review. So that's why we kind of practically looked at it and said probably
<br /> this is going to be based on a property owner coming in just complying on their own or based on
<br /> the complaint system. So that's kind of the question; what other options do we have andI
<br /> mean you could put a within two years, within five years, but it's difficult, it may be difficult to
<br /> enforce.
<br /> KANUHA: Okay, that was my question. Could you put in the language to make that two-year
<br /> or five-year agreement—can you hear me?
<br /> KAY: Yeah, and so maybe I can put her back onCouncilmember Kimball, because, you
<br /> know, you drafted the bill. What were your thoughts or considerations for that third option for
<br /> those that aren't coming in for Plan Approval?
<br /> KIMBALL: Yeah, so a couple of things I'll mention, you know, determined by our Corporation
<br /> Counsel, and when they were advising us on this bill that, yes, if they weren't coming in, if there
<br /> wasn't any kind of trigger like the plan review process, or Plan Approvalsorry, I always mix it
<br /> up then, then it would be possibly considered a taking if we went beyond what was established
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