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

Home

created, there should be a way to un-create it and it should be a formal body. But that’s just a general thought to be thrown out there. DARROW: I mean, just for clarification, this is what’s in our ordinances, so this language here says, “Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation.” UNGER: Okay, okay, that’s there then. DARROW: Yeah, right. UNGER: Okay. DARROW: It, just for reference, it used to say “shall” and that again was changed. They took that language out because “shall” was so definitive, and there were so many ordinances that were, you know, not meeting their conditions. And so— KEALOHA: What about simple language just stating that all rights and privileges, the permit is not transferrable? DARROW: That’s a good point. We were actually going to, we were discussing that matter, too, is – and I believe the Land Use Commission has this as a condition that if the applicant sells the project or there is a new successor or assign, that they have to notify the commission, it’s not as if they come back or anything and there is any action, but it is a requirement that they have to notify the Land Use Commission of a change in the ownership. We normally are informed, if they come in for a time extension or if they are submitting annual progress reports, we’ll notice a change in the applicant and we will change that in our files personally, but— SHIMAOKA: Commissioner Church and I were talking about the reason why we are in this predicament is because we don’t have really clearly defined lines. You get developers who have the deep pockets who can hire people who can craft language that gets around a lot of the ordinances that we set forth. And so, for me, for instance the one that was under discussion today on Ali‘i Drive, that to me is— HALL: Please do not discuss open applications, please. SHIMAOKA: Okay, okay, thank you. Again, the reason why we are in this predicament is because we don’t have any hard fast rules. CHURCH: For instance, get the, resubstitute “shall” for “may,” okay, try that out. SHIMAOKA: Yeah. Provide the hard fast rules and allow the Commission the discretion on taking it by case by case, but at least we have set forth hard fast rules so that these guys cannot get around it. Otherwise, we are going to find ourselves in this predicament again and again and again. 29 EXHIBIT B