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2019-03-21 Leeward Exh B (Discussion on condition deadlines)
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2019-03-21 Leeward Exh B (Discussion on condition deadlines)
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question-and-answer process, but to give staff perhaps a chance to answer some of the top three or <br />four questions that we see consistently being asked, and then we are going to close public testimony. <br />Commissioners get a chance to have our own discussion. There is no motion; we are not deciding <br />anything. This is just a discussion, discussion opportunity, and it’s not tied to any application or any <br />project. I want to be specific with that; it’s not, there is no agenda item that is specific to this other <br />than this is, for all of us, education. So, mahalo, if you keep that in mind when you testify. <br /> <br />Jeff, if you would like to proceed with your presentation. And it’s my understanding that after today <br />you will also be making this presentation on the Windward side. Maybe you could talk a little bit <br />about, recommendations will be coming out of that discussion as well, or comments, and then, <br />possibly, then going before the County Council for discussion and possible ordinance changes? Is <br />that kind of how you see it going forward? <br /> <br />DARROW: Thank you, Mr. Chair. If I could just say good morning, good morning, <br />Commissioners, Mr. Chairman. So that is correct. Because this agenda item has been brought <br />forward by the Leeward Planning Commission, we also are bringing it forward to the Windward <br />Planning Commission. And it’s not just because you folks brought it up; the same questions have <br />been being asked at the Windward Planning Commission. When we were at the Hawai‘i County <br />Council recently, one of the Council members asked that something similar to this topic be placed on <br />their agenda to be able to talk about time extensions, as well as conditions on ordinances. So that <br />issue is going to be brought up by the Council to be addressed. I don’t think it’s just going to be <br />Planning involved in that discussion; it’s going to involve other agencies as well because the <br />conditions affect multiple agencies. <br /> <br />So with that, if I could direct your attention to our presentation. Again, this is a request by the <br />Commission to be able to discuss permit and ordinance condition deadlines and consequences of not <br />complying with these condition deadlines. What we are going to do, just to kind of lay out the <br />presentation, is we are going to bring to your attention what’s in our code regarding conditions, <br />what’s in our rules regarding conditions, as well as time extensions, typical condition, typical permit <br />and ordinance conditions that you’ll see in ordinances or permits that relate to time conditions, as <br />well as, the last area will be the consequences that are currently in place for those particular areas of <br />noncompliance. And then at last we’ll bring forth some possible options that we are looking at that <br />maybe the Commissions can consider going forward, which may require possible rule changes or <br />code changes or it could just be effectuated through the actual permit and ordinance process as <br />conditions within those. <br /> <br />So first of all, we are looking at the Zoning Code. This is relating to conditions within Change of <br />Zones. So it says: <br /> <br />“(a) Within any ordinance for a change of zone, the council may impose conditions on the <br />applicant’s use of the property subject to the change of zone provided that the council finds that the <br />conditions are: <br />(1) Necessary to prevent circumstances which may be adverse to the public health, safety and <br />welfare; or <br />(2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with <br />respect to: <br />2 <br />EXHIBIT B <br /> <br />
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