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DRAFT- SUBJECT TO CHANGE just wanted to bring that up as well. I'm not sure how that passed through the cracks here this time,but, yeah, we have set similar conditions in the past To your second question, the precedent is already set. There are other similar rezonings and State Land Use Boundary Amendments in the area. If you also take a look at the General Plan designation of Low-Density Urban, that's meant for more lower density single-family residential uses, as well as the Kona CDP designates that area within the Kona Urban Area where the intention is to have more residential development. So outside of the Kona Urban Area is retention and agricultural lands and those types of uses. Within the Kona Urban Area as designated by the CDP there are requirements for rezonings that lay out, you know, where rezoning is appropriate. In this case the rezoning is, again, considered an infill, and for practical purposes the entire lot is already developed with, to the extent that it can be developed. So this is just a procedural way to allow for the applicant to subdivide the property and again to be consistent with the future plans for the area as designated by the General Plan and the CDP. PAISHON-DUARTE: Mahalo. VITOUSEK: Okay, are there any further questions? My questions regarding this, the conditions really—let me see which conditions they are, sorry—really looking at H through M, which is basically all of the boilerplate DOFAW conditions, so"I can absolutely see the inclusion of this boilerplate language for developing of undeveloped areas. But since this is a fully developed, fully utilized home site, which,development patterns aren't changing by the proposed project, I don't necessarily agree with the inclusion of these restrictive conditions that would alter the ability to use the property in this case. Looking at conditions, specifically J, "To protect any [Hawaiian] hoary bats in the vicinity of.the project, woody vegetation over 15 feet in height shall not be disturbed, removed or trimmed"between June 1st and September 15th, I would like to ask the applicant if that would conflict with their ability to maintain their property and to harvest agricultural crops. If they can't cut any trees between those months, wouldthey be able to harvest their banana trees or harvest their coconut trees or harvest lychee? PIPAN: Mr. Kahananui, I'll let you reply to that,just if you see any of these protective conditions for bats or hawks to conflict with—I think the question was specifically for bats and trimming of trees. KAHANANUI: Yeah, basically, I got avocados and banana and also mangoes,but they are not really that big of a tree, so not even 10 feet tall, so—except for the avocado. VITOUSEK: So under the condition if your mango tree was 15 feet, you wouldn't be allowed to harvest your mangoes during mango season. KAHANANUI: I guess so, you know, sounds like it,but- -,_ VITOUSEK: Yeah, which I don't think is appropriate; I think this is an overreach— KAHANANUI: Yes, I agree with you . 7 EXHIBIT A (DRAFT)