2022-10-06 Windward Exh B (Item 2 County Council Initiated PL-CCI-2022-000002)

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you folks and that would be"language granting extensions of time by the Planning Director shall not be included in any Change of Zone ordinance". So, it's very clear as to the intention. KERN: If I may add to that. Um' to me that is almost more of a Council directive because you guys as Council as a former Councilmember have that authority to do that. And so when a rezoning is approved or not approved like that's your guys found decision. So, to me that's limiting the Council's ability not so much limiting the Director's ability if its, obviously, it has an impact on it for sure, but there's no latitude left at Council at that time would be my read of that. INABA: With that I still don't think that we should be including language that grants the authority again, the time is the time. So, if the Department says 10 years and you folks forward a favorable recommendation to us for 10 years, it's 10 years and I don't think at the last stage of the game a Councilmember should say oh no, but let's put language in that says the Director can give another 10 years. Then, you folks didn't have the opportunity to vet that language and of course, we can do things at the last stage of the game of course but, that runs contrary again to the intention. So, I do understand what Director Kern is saying though, but I don't want even the Council to be putting in language like that at the end. LIN: So, I think based on what I've heard from our fellow Commissioners and Director Kern. The understanding of this Planning Commission is, we agree with what you have to say regarding that language and I think maybe having it hashed out a little bit more at the Council level to make sure that your Corporation Counsel understands that it's not limiting or your power for that specific section. INABA: And I will add that I didn't have the opportunity to send language to you folks prior to today and we don't do like that right. It just goes through and the language that was in the Bill is what is in the Bill before, and it will remain the same. I'll have the same conversation with the Leeward Planning Commission, but I just want to make sure that when it comes back to the Council to make a decision on Bill 194, were not stuck up on the idea that you folks passed it with the current language and knowing the intention but didn't correct the language. You put us in kind of a funky place and of course everyone could look back at the record, which is provided to us when it comes back, but yeah. Just food for thought. LIN: So, any other discussion? Okay, if not, staff roll call vote. ANDREWS: So, at this time the motion is a favorable recommendation to County Council with the Director's recommendation. KEKAI: Yep. ANDREWS: Okay, Commissioner Aguinaldo? AGUINALDO: Aye. ANDREWS: Commissioner Daniele? 14 EXHIBIT B