2017-12-07 Hearing Transcript - HICDC SLU 17-050

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HENKEL: Thank you, Mr. Nishimura. Any questions from the Commission? Thank you. You may be seated. DARROW: Mr. Chairman? If I could interject real quick? HENKEL: Please. DARROW: This is a different kind of process that we're going through right now. It's not our normal Change of Zone/State Land Use Boundary Amendment process. This involves what is called a 201H exemption process, and that's, I think the question that Myles was trying to get to is normally, when we have a Change of Zone come before the Planning Commission, you'll see a number of conditions added on their addressing all the comments from the different governmental agencies. In this particular situation, what's happened is prior to this State Land Use Boundary Amendment coming in to the County, normally there would be a Change of Zone application. What they, what this project did, because it's mainly an affordable housing -type project, it can qualify for a particular exemption allowed by State law under 201H. And, so, it goes before the County Council, and it's the request for exemption is made and approved by them, which is part of the background here. It talks about those exemptions. So, basically, in this case, there was no Change of Zone in place at the time. They just came in and requested that the zoning be changed from Agriculture to Multiple -Family Residential without any conditions. That doesn't mean that they don't have to do any of the improvements. They still are required to do all the different requirements that are required by the different governmental agencies. There's just not any conditions. Normally, you would have a fair share condition that would require the Applicant to pay fair share costs for housing, but they're exempted from that because of the affordable housing component. There are other conditions that are added, too, but again, it's almost, it's similar toin the, you know, there are times that an applicant already has existing zoning. There's no conditions on it. So, they come in, they have to go through the Building Permit process. They have to go through sometimes Plan Approval. So, they still have all the requirements. They have to hook up to water. They've gotta make sure they meet solid waste and wastewater requirements—all these different requirements—Fire Department requirements and things. So, I think that's the main issue that's going on here, is this, this confusion. What—where are all the normal conditions we place on it? And, maybe Brian can address a little bit more detail in regards to how they're going to meet these requirements through the process. So, that way, the Commission can feel assured that this project will meet those standard conditions. And, as Shancy mentioned, because this is just a simple State Land Use Boundary Amendment, normally, the County doesn't place conditions on it. They are already placed under the Change of Zone, but that's been exempted. But, we do have what we call a Right to Farm Act that we want to make clear to residents of the project that there may be agricultural uses occurring on surrounding properties that they need to be aware of, that these people have the right to farm and that there may be nuisances caused by that. EXHIBIT A 4