2019-03-21 Leeward Exh B (Discussion on condition deadlines)

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better not to have that. I do agree with Mr. Van Pernis that on zoning ordinances that the zoning shouldn’t change. I do agree that when conditions are expired, that they are done, and that the applicant should have to reapply. I’m not sure, I’d like to hear more from the Department about the potential questions or additions to an applicant about whether they are going to speculate or not and whether they can verify that they can afford it; just curious about that, whether that’s valid, it can change so quickly, and I’m not sure. I mean I get the intent, I think that’s good, but I’m wondering about that. Also, I heard a couple of times that sometimes the applicant want you to revert the zoning, and I don’t know, I don’t think that they should be using the Planning Department to get the zoning they want; if they want to change the zoning, they should have to apply in my opinion. The order to show cause, I wonder if that should also include perhaps the order to show progress. I’m wondering if they should have to show that they’ve done something on the property and have some buy-in. Yeah, so the Use Permit and the Special Permit both say “shall,” that the applicant “shall” submit 90 says prior to expiration, the SMA says they “shall” submit any potential changes 60 days, so I don’t know whether there should be any kind of consistency on those time frames or not, but maybe. I definitely believe that if they expire and they don’t do what they are supposed to do based on our rules, that it should end and they should have to reapply. UNGER: For the permit? CARR SMITH: For the permit, yeah. And then my last question I guess is I’m wondering if there is a disconnect with the applicant understanding the rules. I mean, why do we have so many people that just ignore these time frames and our rules that say one thing? Is there maybe a way that they could be better informed about upfront, you know, what that is? Especially if we change the rules. UNGER: Yeah, Jeff, do you, would you like to comment on that particular question? I mean, you receive these extensions requests. DARROW: Yeah, it sounds like the, is it the rules for the extension or the rules for compliance with the conditions that you are asking? CARR SMITH: The fact that it says that they “shall” submit any requested changes within 60 or 90 days but— DARROW: I would guess— CARR SMITH: —in many cases they don’t or are we just seeing a few that— DARROW: No, I mean, I would guess that they are not aware of that because that is in the rule and not in the permit, which is what they receive and read. So, again, maybe a good idea is to be placing the language back in the permit— UNGER: Absolutely, then— DARROW: —which it used to be— 23 EXHIBIT B