2019-02-21 Leeward Exh A (AMEND REZ 983)

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I’m not quite sure why that’s okay and there was not any repercussions for letting something lapse that long. That’s my comment. The condition expired December 2017, I think. So I don’t know how you guys deal with that. DARROW: This has been a, Commissioner Carr Smith, this has been a question that has, seems to have come to the forefront more recently; for years no one has ever questioned about it, but more recently the Council, as well as both Commissions, have been asking this question about time extensions. And if we look at it, as far as process and procedure, normally, you, the applicant comes in for a Change of Zone, and it’s normally for five years with one administrative time extension to allow for a period not to exceed what was originally granted. So, ultimately, it would be ten years. If they cannot do the project at that point, they come in. Sometimes depending on who’s doing it, if it’s sold, the new owner will not know the conditions of the ordinance, and that becomes an issue. If the applicant really isn’t, you know, keeping an eye on things, it’ll lapse, and a lot of times so even miss their administrative time extension. And then we get this, these situations where an applicant comes in several years, sometimes even longer – we had one recently that was from the 90’s that came in for a time extension – and they are asking to just refresh the conditions. And so the question is should we proceed with just looking at the application from a time extension point or should we void the original application and start again? And so that’s, it comes up to that question. And so we’ve been looking at that, as far as the Planning Department. When we look at a time extension, the conditions that we follow, or the criteria, is very similar to the criteria for the administrative, which is the result that allow the non-performance was a result that the applicant could not foresee or was not their fault, it was just, you know, a lot of times it’s the economy, that it continues to be consistent with the General Plan and the Zoning Code, as well as the original reasons. So in a sense we are looking at everything all over again like we would for the original. But again, it’s, it’s a question that we have to look at whether or not we want to get into a process where we may allow a Change of Zone to go for a period of time and then void it, and then after that they have to come back in and redo it, or if we continue to allow these time extensions. UNGER: Thanks, Jeff. We did run into this issue last, at the last hearing. And so I will be proposing we talk about it at the end of this meeting for additional discussion. I think that bears some further discussion. CARR SMITH: Thank you. UNGER: We have a motion on the table. If – any further discussion? Hea inoa. Roll call. ANDREWS: Roll call. Commissioner Shimaoka? SHIMAOKA: Aye. ANDREWS: Commissioner Church? CHURCH: Aye. ANDREWS: Commissioner Carr Smith? 5 EXHIBIT A