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I, you know, I agree with Christian's approach with the three items that are needed. I think having <br />the Commercial, Neighborhood Commercial zoning makes the options a lot more open, considering <br />that we don't know who the actual developer is going to be. You know, we are hopeful that it will <br />go through and work out with Spring Capital and all that, but we have to take this application at its <br />face of what the existing zoning is, what's best for the area, and I agree with Christian that the <br />Neighborhood Commercial zoning is probably the most appropriate and most conformant with the <br />Transit Oriented Development. I also agree that having a detailed master plan is crucial, and having <br />a review by the Kona Community Development Plan Action Committee, make sure that it's aligned <br />with the Kona Community Development Plan. To me, those three things are crucial, right? I agree, <br />I agree, I think the County - - - long way, they stooped down at the table, and they opened up and <br />said this is what we need in order to make this a favorable recommendation. You know, whether we <br />can accomplish that through conditions or whether that has' -to'', , be an actual outright negative <br />recommendation and have them come back with those, three things in hand, I would love to have <br />opinions from County staff on if we can accomplish--that-,how and lead to a favorable today. <br />CARR SMITH: Go ahead, Christian. <br />KAY: I think at this point it's important to understand that if.the Commission". decides to go <br />favorable, it will be a favorable coming from the Commission and not the County; ,.based on <br />whatever analysis and conditions that yoiz place on it. `I -think Iwe are prepared to -speak to some of <br />the conditions that we see are somewhat ;problematic, bd at this point if that's the way you choose to <br />go, then we would have an opportunity to -address"those as we go along. <br />VITOUSEK: Please do' so, Christian, please alet me know what, what' conditions that are being <br />proposed you think are problematic:. <br />KAY: Okay. There are a few. Condition B for both the Suffolk and Puaa ordinances, the condition <br />as proposed -is not-consistent.with'the.:Planning Department's standard condition for rezones and <br />doesn't consider recommendations",provided bythe'Department of Water Supply memo dated <br />January 8t': " So we suggest replacing,the language, that is proposed with the following: "Prior to the <br />issuance Of a water commitment by the Department of Water Supply, DWS, the applicant shall <br />submit the anticipated maximum daily water usage calculations as prepared by a professional <br />engineer licensed in the State of Hawaii; to'the DWS. A water commitment deposit shall be paid to <br />the DWS withiri480 days from the effective date of this ordinance in accordance with Rule 5 of the <br />Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining <br />valid water commitments°to support the proposed use until such time that the required water <br />facility's charges have been paid; in full." So that would be the language for the first, our, our <br />suggested language for the Condition B for both. <br />CARR SMITH: Go ahead, Mike. <br />VITOUSEK: Sid, are you okay with the suggested revised language? <br />FUKE: We have no objection. It's fine. The only thing to be mindful of is that the property already <br />has the X number of water commitments, 510 water commitments, and so that's the reason why we <br />had included the term "if applicable," because it provides flexibility that if you have the <br />35 <br />DRAFT <br />