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LINGER: So, so, a deadline ends for any ordinance. Technically, that owner of the property is
<br /> susceptible to that ordina
<br /> DARROW: Right.
<br /> LINGER: to that zoning
<br /> DARROW: Right. Now
<br /> UNGER: reverting or changing in some way.
<br /> DARROW: Yeah, so, again, using that similar example that we were using, let's say we're
<br /> downtown Kona, and it's in the heart of the urban area, and there's a piece of Agricultural there,
<br /> but everything is pointing that this is the high-density commercial area for uses in this area. So,
<br /> someone comes in and they zone the area to commercial. It's consistent. It meets everything.
<br /> It's the right place. This is, all the infrastructure is in place. The question would be unless
<br /> something happened in the future with the General Plan or the CDP saying, you know what, let's
<br /> change this urban area to something else, a residential area. Then, the commercial, which would
<br /> be highly unlikely, but again, it could happen more so outside of these areas, right? And that's
<br /> what we'll get into a little more discussion, though, but in a lot of areas, when you approve the
<br /> zoning or when the Council approves a zoning, it's met a number of criteria that says this is
<br /> appropriate, this is the right place for this, the infrastructure can handle it. And, it's not a project
<br /> specific permit; it is a zoning ordinance that allows a whole wide range of uses. So, when we
<br /> look at it with you folks and the Council, we're saying, look, even though this applicant might be
<br /> saying I'm going to do a little two-unit office building or office structure,the reality is that it
<br /> could allow, you know, a gas station or a McDonald's or something, right? Because the zoning
<br /> allows for it, right? So, we can't be so focused on what the applicant is saying about it, because
<br /> it could change. And it changes all the time. I mean, all the time. We, I don't even want to
<br /> guess the percentage, but it's quite a bit where the original proposal was this, but later on it
<br /> changes to something.
<br /> UNGER: That's good clarification, because I know we had some frustration with that, but that
<br /> helps clarify it
<br /> DARROW: Right.
<br /> UNGER: —for me.
<br /> DARROW: So, we should be looking at the zoning requests with the highest and best use in
<br /> mind. Can this handle what is the highest and best use for this zoning? If it's an area that, you
<br /> know–there has been, which we kind of stray away from there, has been conditions at times in
<br /> ordinances where they've actually said we're not going to allow these uses in this ordinance, you
<br /> know, and they've actually put a list of zoning, of permitted uses not permitted in the zoning.
<br /> The only way that person would know that is if they were, if they came in and took a look at the
<br /> zoning ordinance and saw that. Otherwise, they would just think, oh, it's Commercial zoning, it
<br /> allows. But, again, that's something that's happened in the past. We've highly recommended
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<br /> EXHIBIT C
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