2005-04-01 TPULUWAI - Laserfiche WebLink

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them to give me some direction to rezone the property to something else. And then we would initiate that, I can initiate the rezoning, whether in fact the Council can initiate the rezoning. If they put it, if they allow it with conditions that the applicant does not like, the ordinance stands with those conditions. And then the applicants, of course, they cannot develop the property if it doesnt pencil out for them, just like any other situation where you have requirements on the zoning and the applicant, there are many situations like this where the market does not sustain it and then the project just doesnt go forward. The rezoning would happen, but the time extension would happen with those conditions, but perhaps the project would not get built. But thats the same thing that happened in 1992. But just, as I say, if they withdrew, if there were not requests for a time extension on this project, it would just be sitting there with this zoning. And with this RS-10 zoning, anybody who wanted to come in and do something with it would have to go through this process. Until we actually initiated a rezoning to something else, they could still come in for a time extension; but it would havetobeanamendmenttotheordinanceandgototheCouncil,justlikethisone. SPRINGER:Atthistime,IdliketoremindusofaguidancethatthePlanningDirector has given us frequently, that we should be evaluating these applications based on their merits rather than the applicant whos making the application. And in terms of process, Ill be asking shortly, if there is no further discussion, for a motion. The motion can come with the conditions as recommended by the Planning Director or staff, or the Commission can adjust those conditions themselves. So is there any further discussion? IWASHITA:I -. SPRINGER:Commissioner Iwashita. IWASHITA:Just a clarification. I guess Ill address it to the Director. My understanding then is we can go ahead and approve the request with the conditions as presented in our materials and that would go on to the Council. Then if the Council adopts it with the conditions, then the applicant here can decide whether or not at that time they want to go forward or not; and, if not, the owner might find another developer that would be willing to go forward and meet the deadlines. Is that correct? YUEN:Its correct that the Council can adopt it with the conditions; and the Council can adopt it with conditions that the applicant does not like. Then the applicant, or the owner, or whomever can decide whether or not to go forward with the project. As far as between the applicants here and the present owner as to what their contractual arrangement is and whether the applicants here can get out of that contract at that time, that I have no opinion on. And I, you know, naturally, I dont know. Okay. SPRINGER:Thank you, gentlemen. Commissioners, any further discussion on this matter? Were ready for a motion then. Does anyone, may we have one? Commissioner Watanabe. WATANABE:Id like to move that we recommend approval of the extension as the Director has recommended, inclusive of the conditions for housing, as well as fair share development. 10