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KAY: That is new Condition Q under the proposed conditions.
<br /> DARROW: But as Christian mentioned, because of the fact that this particular request is not
<br /> focused on a request for the SMA, we actually can't be looking at that. So we do have to look at
<br /> the Change of Zone, which I, I don't, it would be tough to put in a condition in there that really is
<br /> a condition that should be under the SMA. Although, like I said, we can try to bring it to where,
<br /> you know, the, the annual progress report can come to the Commission for their review.
<br /> KAY: Jeff, not to beat a dead horse here, but it seems a bit problematic. Mostly, annual
<br /> progress reports are just an update on conditions of approval. Even if all - - - statement in there
<br /> to be an update on conditions of approval of the SMA as well, you're just tying it right back to
<br /> the ordinance. So, unless there's something specific in the SMA, which again approved 60, mix
<br /> of 60 single- and multiple-family units, I'm not sure that it's really going to get you where you
<br /> want to get. That's just a commentary.
<br /> [At this time, 11:05 a.m., Commissioner Yates left the meeting and returned at 11:09 a.m.]
<br /> CARR SMITH: Sid, go ahead. Sorry, I didn't see you. Go ahead.
<br /> FUKE: Can you hear me now?
<br /> CARR SMITH: Yes, go ahead.
<br /> FUKE: Okay. I was going to kind of like, you know, restate what, you know, Jeff mentioned
<br /> because that was my first thought, too. If you look at Condition Q, it requires a submittal of the
<br /> annual progress report, and that progress report basically goes to the Planning Director. Okay, if
<br /> Commissioner Vitousek or any of the other Commissioners wish to have a chance to review it,
<br /> you know, review the annual progress report, you know, for compliance with the SMA
<br /> conditions, then you know, it can be done. And that way, the Commissioners would be totally
<br /> aware as far as where the developer is relative to on an annual basis. And we would have to
<br /> address in the annual report each and every condition. And so, if that's the direction that the
<br /> Commissioners would want to go, I would suggest that on Condition Q, you probably would just
<br /> include like after the word Director, shall be submitted to the Planning Director and Planning,
<br /> Leeward Planning Commission for review relative to compliance with SMA 09-00074, or
<br /> something to that effect.
<br /> CARR SMITH: Jeff.
<br /> DARROW: Just,just a matter of housekeeping, Commissioner Faye has, needed to take a break,
<br /> so she left us shortly, or she should be returning shortly. I agree, the difficulty, again, with that,
<br /> Sid, is what Christian mentioned, and that is that there's only three conditions in the SMA. And
<br /> the conditions are basically general standard conditions. Everything falls back on the Change of
<br /> Zone.
<br /> FUKE: But I sense that the Commissioners are interested in seeing the developer's compliance,
<br /> or at least the project compliance with all of the different conditions of approval. So how else
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<br /> EXHIBIT B
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