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From: Elizabeth Dunn 1073NI 3; j
Sent: Monday,January 02, 2023 3:28 PM
To: Council Testimony
Subject: Support of Bill 194
Aloha Policy Committee on Planning, Land Use, and Development:
I support the purpose and intent of Bill 194 that is being discussed at your January 5, 2023 meeting, and ask that this Bill
be supported by this Policy Committee.
I also request that the Committee consider a revision for Section 25-2-44(d). The requested modification is to have the
Council direct(emphasis added)the Planning Director to process a reversion of the property in question to the original
zoning designation.The rationale for this request is provided below:
1.The language proposed in Section 25-2-44(d) says the Council may(emphasis added) initiate the process to revert the
zoning to its original designation or a more appropriate designation. "May"opens the door for the possibility that no
action occurs to rescind the zoning designation, by either the Council or Planning Director, of the parcel in question. If
the project proponent has not been able to implement the project within the time period of the original planning
permit, no further financial benefit(such as selling property with a zoning designation that would allow more units, and
therefore be more lucrative to the seller), should accrue to the project proponent by allowing the"new"zoning to
remain. If the Council does not approve a requested time extension,the parcel in question shall (emphasis added) have
its zoning rescinded.
2. Submission of a permit near the end of the Planning permit approval -building,grading or other permits required by
other County Departments(such as water or any permit from the Fire Department)or State Agencies-should not be the
work around for appearing to meet the deadline of a Planning approval. If significant conditions of approval have not
been
met by the project proponent, and cannot be met with the remaining time before the Planning permit expires,or an
extension request is heard by the County Council,then no permit can meet the Planning approval timeline, and no
permit shall be issued by any County Department or State Agency.
3. If Bill 194 is supported by the Committee, and ultimately approved by the Council, I'd like to understand the various
processes the Planning Department will establish to implement this new Council requirement. Specifically,what steps
will the Planning Department take to track the life of the rezoning Planning approval?How and when will the Planning
Department inform the project proponent, other County Departments and the relevant State Agencies that the Planning
permit has been rescinded? How will the Planning Department deal with the issue I raise in item 2 above
regarding submitting a building,grading or other permit to work around the Planning approval timeline? If there is new
language that is required to the Zoning Code to implement these kinds of revisions, I'd ask that any of these updates
occur within the next 60-90 days and not be included in the larger Zoning and Subdivision Code update.This larger
comprehensive process won't be ready for discussion by the public and possible adoption by the Council until next year.
The issue of time extensions is important to many community members, and should be addressed now.
4. Lastly, it would be insightful to have an accounting of projects that received administrative time extensions (within
the last 40 years),those projects that received administrative time extensions and have not been built, projects that
have received an administrative extension, and are working towards building the project., and projects that are being
processed and reviewed by Planning staff.This information will demonstrate the true need for Bill 194.
Many thanks for your consideration on this issue. .l
Comm. a.
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Ref. Date JAN ® 5 2023
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Mahalo.
Elizabeth Dunn
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