2006-03-09 TBigislando - Laserfiche WebLink

Home

SIRACUSA:Well, yeah, very, very similar concerns, you know, and there are a few other concerns I have as well. I would really prefer, and I dont know if this can be done, to see the whole thing go back to the drawing board and resurface again a while down the road when more of these issues are settled and dealt with. ALAMEDA:All right, Commissioner Iwashita? IWASHITA:Thank you, Mr. Chair. ALAMEDA:Sure. IWASHITA:Must be something to do with my background, but I really would want to have our Corp. Counsel brief us on the two decisions that was brought up, that were brought up by Mr. Frankel and, cause it sounds to me his recitation of the principles that are applicable mirrormygeneralconcernsabouttheprocessandalsomyoverallviewofhowandwhatthe Planning Commission is supposed to be doing in this process. And I for one definitely, I dont want to come close to the line that apparently has been drawn in the Dalton case and the other case cited by Mr. Frankel. So assuming that both cases are still good law, then I would want to know that, and what the decisions hold, and some of the facts, and if the facts are similar in any way, you know, to the facts before us, and so what weight if any we should put on those cases. ALAMEDA:Point well taken. Thank you, Commissioner Iwashita. Commissioner Siracusa. SIRACUSA:Yes. Bearing this in mind, Im wondering if instead of us working on a motion to either approve or deny the permit we should consider tabling to allow time for Corp. Counsel to come back to us with a legal opinion and possibly the applicant come back to us with some, you know, more, some proposals to address some of the concerns. ALAMEDA:Okay. Mr. Director? YUEN:Yeah. Let me make a suggestion on the timing aspect of this because we get into another timeframe, which is the applicants ability to move this up to the Council. And what I would suggest, if the Commission is inclined to approve this on the merits of the rezoning, that the Commission send it up to the Council. We will definitely have Corp. Counsel give us a formal opinion as to whether this, or the zoning action should be held at Council until the General Plan Amendment is adopted. And if Corp. Counsel says that, then thats what we follow. And the reason for this is that the application was submitted and I believe that were, the applicant has a right to send this up to the Council after 90 days. And that will run out before our next meeting, is that correct, before our next Hilo meeting, right? Is that correct, Mr. Hayashi? HAYASHI:Well, the application was forwarded to the Commission I believe the first week in January. So 90 days will take it to April. YUEN:When is our April meeting in Hilo? th HAYASHI:Its on April 7. 31EXHIBIT C