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

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An idea we spoke about earlier is to: “Place an expiration date on a permit or zoning ordinance so that it automatically expires without the Director, Commission, or Council having to take further action.” Legally, we need to look into that to just make sure what that process would be; if that can be done as part of the permit or as part of the ordinance, or if it’s going to require an additional step. And, since I’m on this subject, one thing I wanted to speak about, there has been discussion that I’ve heard, too, about a number of timing request, like some people say you shouldn’t give them five years, give them three years, you shouldn’t allow an administrative, or whatever. One thing to consider, or to keep in mind, is that not every project is the same. Although we’ve been in a habit of making five years the normal time, there have been times where a project comes in and it’s obviously a very large project; five years, they wouldn’t be able to do most of their, even their infrastructure to get off the ground. So we’ve got to keep in mind that we should look at timing as far as the actual project itself. If it’s a smaller project, three years or five years may be appropriate; if it’s a much larger project, we should be looking at a reasonable amount of time that an applicant could realistically do that project. Next option is, or idea is, order to show cause. This is a process that is being done currently by the Land Use Commission. What will happen is if the – they are required normally to submit annual reports to the commission – and if they find that there is a lack of action on condition compliance, they would generate an order to show cause to require the applicant to come before the commission and address why they have not complied with those conditions. The, currently, the only options that the commission has, the Land Use Commission, is to allow the applicant to continue or to revert it back to what the actual boundary amendment approved. So if it was approved for Urban from Agriculture, it would be reverted back to Agriculture. So this, this happens on an occasional basis. We’ve, we just had a large hearing recently where the Land Use Commission did an order to show cause on a project for lack of compliance. The applicant has the burden of proof to be able to prove that they’ve complied, and the commission makes a decision whether or not they agree that they have or have not, and then they decide whether or not they are going to revert or not. So that is a process that we could possibly replicate and create rules for, and at times when we feel like we need to bring an applicant before the Commission to address compliance, we can issue an order to show cause. So that is one of the ideas. We also are considering, you know, it seems like there’s, there are times where the intention of the applicant is questioned; are you really going to do this project or are you just doing this for speculation? And so one of the questions that we might want to add to our forms is financial information that can show that the applicant is in the position to financially be able to go forward and do this project. It also places them in a place where they have to say whether or not they are going to do it, or whether or not where I’m just getting it ready so I can sell it. And then at that point the Commission and the Council know full well what the intention of the applicant is. There have been, you know, this issue comes up on occasion where an applicant comes before the Commission and/or Council and says this is my plans, elaborate plans, everything, you know, drawn out and everything, and then a year later it’s sold, you know, because maybe, we just don’t know, we thought that was their intention, we don’t know if something happened or, you 9 EXHIBIT B