2008-12-05 THWN RAINFOREST - Laserfiche WebLink

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HOUSEL: One question, since this is going to be continued I wanted to ask our Acting Planning Director, as you’ve withdrawn the recommendation, do you expect to have a recommendation at that time? ARAI: It would largely be dependent on how successful the deliberations are between the two parties. WATANABE: Okay. So are there any objections to continue this to the next Hilo meeting? Mr. Woodward. WOODWARD: I might make a suggestion and just throw it out for what it’s worth. It may certainly be possible that this matter may not be resolved by the next Hilo meeting. Hopefully it will be. But it may make sense to say let’s continue this until the Planning Department is ready to issue a recommendation; and that way it puts it in their court as far as picking up all the pieces and making sure we’ve got everything we need, for what that’s worth. WATANABE: The only issue with that then we may wind up with the 90-day window. If it’s not resolved within the 90 days we need the applicant’s permission to proceed or continue beyond that. So, Mr. Hayashi. HAYASHI: I just reviewed the Code, the Zoning Code, and it says the Planning Director must make a recommendation to the Planning Commission within 120 days upon receipt of the application. That 120 days runs -. rd COTTLE: February 3. rd HAYASHI: February 3, so we would have to make a recommendation before that date. If we don’t then there’s no provision for a continuance on our part or the applicant’s part. It would have to go before the Planning Commission with no recommendation and it will be, the no recommendation would be a favorable recommendation to the Planning Commission. That is how the Code is written. Okay, because we don’t have a recommendation before you today, I don’t believe, correct me if I’m wrong Ivan, but I don’t know when the 90 days starts, although we did send the background and recommendation, which we pulled back today. WATANABE: Okay, Mr. Torigoe. TORIGOE: Well, unless there is something in the Code that says when the 90 days starts -. The rules don’t say anything about, you know, the recommendation being a necessary part. It just talks about the receipt of the application from the Director, that’s the receipt of the application from the Director, as being the start, the trigger. WATANABE: Okay. It gets kind of convoluted, Mr. Woodward. If it’s scheduled or agendized for the next Hilo meeting and we still don’t have a recommendation we, I think, know rd that we can continue on to February 3. Was it when the 120 days end? And we could continue it then without really going through all of this. This was the initial meeting so that’s the only reason why we went through it. WOODWARD: Mr. Chairman? WATANABE: Yes. WOODWARD: Well, the other alternative would be to ask Mr. Yeh who represents the client whether he is comfortable with continuing this until you have your ducks all in a row and the Planning Director has issued a recommendation. EXHIBIT C 22