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So, first of all, when we looked at zoning, there was a theme that kept going through the
<br /> discussions both in Kona as well as in Hilo, and that was that if the zoning got approved in the
<br /> first place, then it was appropriate. In our older ordinances, as well as our more current
<br /> ordinances, you'll see language that says if the applicant does not comply substantially with
<br /> conditions therein, the zoning may be reverted to a more appropriate, or revert back to its
<br /> original zone. Most times, if the zoning got approved from, say, Agricultural to Residential, it's,
<br /> to go back from Residential to Agricultural may be contrary to what the General Plan says, to
<br /> what the community development plan says and what may be, the Zoning Code may be stating
<br /> about those uses. So, there was discussion about, look, if the ordinance deadline passes, maybe
<br /> we should keep the zoning in place. They can't do anything. That was the discussion. Their
<br /> permit is basically inactive; if they were to come in for any type of permit—a grading permit, a
<br /> building permit, Plan Approval, anything, a subdivision—whatever planner would be working on
<br /> that would look at the ordinance and realize that the condition is expired, they would have to
<br /> come back to the Commission and the Council. So, their idea is the—we'll get into a little bit
<br /> more about talking about what to do—but basically, is maybe we should take a wider look at
<br /> everything once it expires or once it goes past that deadline. In this sense, is it still consistent
<br /> with the General Plan, is it still consistent with the CDP, and then just focus on the conditions of
<br /> that ordinance, but keep the zoning. Because people think that once the, once the condition
<br /> deadline ends, that zoning, that zoning reverts; it doesn't revert until there is an action taken, so it
<br /> stays in place.
<br /> So, anyway, that was the discussion both from the public and from some of the Commission
<br /> members is that thought to keep that in mind. As we get into deadlines, the discussion was —and
<br /> this was mainly more so on the Windward side—they were thinking, look, if the zoning is okay
<br /> and we're allowing it, we say, you know what, this is appropriate. Let's use commercial zoning,
<br /> for example; this is in an urban core,this area is in the medium density General Plan area, it's
<br /> slated for commercial development, there's commercial development all around, you've got all
<br /> the infrastructure in place. If timing is an issue, you just, you know,they were thinking it's
<br /> appropriate. Whenever they build it, they build it. If they don't build it, it just sits there until
<br /> somebody can build it, right? That was some of the thought. Again, I'm just bringing out what
<br /> was presented so you can kind of get an idea of
<br /> LINGER: Excuse me, what is the process, and, if the zoning is no longer appropriate?
<br /> DARROW: If it's no longer appropriate, then at that point, the Commission would say, no, this
<br /> isn't appropriate, we should change the zoning.
<br /> LINGER: So, that's where it would come to us and
<br /> DARROW: Correct.
<br /> LINGER: we would have a
<br /> DARROW: Yeah.
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<br /> EXHIBIT C
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