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But I think we've kind of exhausted our conversations on this up to now. So that's my general <br /> comment for now. <br /> CARR SMOTH: That seems to, a lot of what you are proposing seems to be based on something <br /> that doesn't really sit that well with me, and that's with you recommending to the property owner <br /> that they pull in other property that they own and combine it into a Project District. Is that really <br /> typical to address property other than the applicants are in front of you for? <br /> YEE: No, I wouldI see Christian raising his hand, so I'll let Christian first. Go ahead, Christian. <br /> KAY: I think more than anything we were responding to the applicants' assertion that there wasn't a <br /> possibility to meet the minimum required acreage for a Project District, and we were saying that in <br /> fact with consolidation there is. And, really, even in the areas where there are multiple landowners, <br /> that's still what the Plan calls for in those areas. A little more difficult in those other TOD areas <br /> where there are multiple landowners to get everybody on the same page, but in this case it's a bit <br /> unique in that all of the properties in the area that would make up that minimum of 50 acres are <br /> either owned or controlled by Puaa Development. So I think our, our recommendation is a more <br /> appropriate zoning, which, which the condition calls for that the, and in this case the more <br /> appropriate zoning would be the Project District. So, yeah, I think in my opinion it's appropriate to <br /> make that recommendation because that's the part of the authority we have to make the <br /> recommendation for a more appropriate <br /> CARR SMITH: But they have zoning, right? They have zoning, and they are making a proposalI <br /> see you, Mark and Faye, I'll be with you just, in just a minute, I want to speak as well, thank you. <br /> KAY: They currently have zoning that is stale, that would need the time extension to continue to do <br /> anything on the property. <br /> CARR SMITH: Right. <br /> KAY: And so, again, the condition of the existing ordinance says if they are not met, or conditions <br /> not met or substantially complied with in a timely fashion, the Planning Director may initiate <br /> rezoning to the area to its original or a more appropriate designation. So in this case, the Director is <br /> not initiating the zoning; he is recommending that the applicant move toward the Project District, <br /> which is the more appropriate designation in this case. In order to move, in order to refresh the <br /> ordinances and move a project forward. <br /> CARR SMITH: I guess all I'm saying, and then I'll move on, is that I wish that the Department was <br /> trying to be more cooperative with applicants that are proposing to develop something that develops <br /> a new mauka-makai road, which would be a benefit to the community, there is commercial involved, <br /> there is rentals involved, which, we desperately need the housing. And it seems like it's just maybe <br /> not jibing with the definition of the TOD that you guys want, but we are not Oahu and it's not going <br /> to look like Oahu looks, hopefully. So that's all I have to say right now on that. Mark, go ahead. <br /> VAN PERNIS: - - - <br /> 17 <br /> EXHIBIT D <br />