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KEALOHA: Just to add to that is, you know, Item 5 says an additional time extension, “the
<br />Planning Director shall submit the applicant’s request to the County Council, Planning
<br />Commission, for appropriate action.” What I was suggesting earlier is it’s expired; it’s not an
<br />additional extension but you begin the process all over again.
<br />
<br />DARROW: And that is one of the ideas that we were looking at is to put that expiration date on
<br />the permit or the ordinance. And again, at that point it requires them to come back for new
<br />conditions or possibly a new permit or ordinance. But, legally, yeah, we have to find out if it can
<br />be done in that ordinance or permit. I think in a permit it could be; an ordinance is, needs more
<br />clarification because you’ve created an ordinance to create that zoning, do you need to create
<br />another ordinance to change it? But again, it could be incorporated in the same ordinance.
<br />We’ve just got to see legally.
<br />
<br />UNGER: And you are talking two different things: you are talking permit or ordinance. And I
<br />think it’s a lot simpler to divide the discussion between those two, a lot clear, because for me
<br />personally, and again, not getting into specific things, but for me personally a permit is pretty cut
<br />and dry, you know; they don’t hit their stipulations, they don’t hit their conditions, they don’t
<br />extend for a permit for an extended time for a permit within what’s allowed, the permit is gone—
<br />
<br />DARROW: Correct.
<br />
<br />UNGER: —permit is gone. Ordinances I think then that should be back on the Planning
<br />Department hey do we, and the commissioner whoever on the Council, do we want to keep that
<br />ordinance in place? It should be back on the, I guess, us, not the developer lose, or the owner of
<br />the property to a certain extent, loses the decision or the control, and it’s now back in our hands
<br />to say hey is it for the better of the community to have this zoned whatever, Commercial Village,
<br />whatever it is, or not, and then we make that decision. So, I mean, personally, I don’t think we
<br />are talking fines; I’m thinking we are dealing with the permit or the ordinance itself.
<br />
<br />DARROW: Correct. Thank you.
<br />
<br />CARR SMITH: What’s the difference between placing an expiration date and as it reads now
<br />that there is time frames based upon the permit date?
<br />
<br />DARROW: Normally, how we look at that is, and we kind of briefly touched upon it, that when
<br />the ordinance or the permit expires, they cannot do anything. They can’t come in for a permit,
<br />they can’t come in for Plan Approval or any action. They would have to come back before
<br />Commission and/or Council. But there needs to be another action identified in the permit or the
<br />ordinance that has to be taken to actually dissolve that to revoke the permit or to revert the
<br />zoning. So it requires that additional action. So it kind of just is in limbo until that particular
<br />action is done, and that’s why we are talking about this possibility of just creating an expiration
<br />date where that action happens automatically without another action occurring.
<br />
<br />UNGER: That’s an important point, and personally, I would like to see another action taking
<br />place, you know, formal action, and I’m surprised it’s not in the ordinance right now. If it’s
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