2020-08-20 Leeward Exh C (AMEND REZ 2004-024 & AMEND REZ 2004-025)

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VITOUSEK: And, is that something that can be done at the Commission - - - approval? Is that a question for our Planning staff? FUKE: I have an opinion, but I think I would defer to the staff- - - CARR taff- - -CARR SMITH: Can you repeat that, Mike? VITOUSEK: Yeah, so my question because I tend to agree with Christian that the zoning would be appropriate to - - - development in a Neighborhood Commercial for both properties, and just trying to figure out if there is a way that that can be accomplished here. It seems like the County is willing to do an administrative approval to allow it to be a more simple process. CARR SMITH: Jeff, go ahead. DARROW: Thank you. It's a tough question. There is a process as you go through a Change of Zone application, including the submittal of metes and bounds, creating an ordinance, creating a map that changes the zoning. So it's not something that can be done just by a letter or something; there is a process that has to happen. It, it can happen fast; we can get the ordinance prepared fast, we can get the metes and bounds—we already have them for the RM—but there still needs to be that process done prior to us being able to go forward in approving it. I've never seen it done outside of that in its manner. I don't know if Sid has, but I've never seen it before. I know that we, you are creating an ordinance to be able to change that property to a particular zoning, which, it had been done just by a letter. VITOUSEK: But would it be possible for us to add that as a condition here? If, let's say, if we were going to approve the application that the applicant has submitted, can we say that we are approving this with a condition that a Neighborhood Commercial zoning be sought for the currently RM property? DARROW: Isorry, Sid, real quickI have seen something like that, and that actually occurred in the Waikoloa, Waikoloa Mauka project where they made it a condition to have the applicant go back to the Land Use Commission. With the understanding in this case that the applicant would have to go you've got to make it clear, do you want that CN zoning done before they go to Council at this point or do you want them to go to Council, get approval, and come back and go through the whole process again? So there's, there's some questions that would be to be addressed. CARR SMITH: Go ahead, Sid. Thanks, Jeff. FUKE: - - - CARR - -CARR SMITH: Sid, unmute, please. There you go. Go ahead. FUKE: Jeff had indicated, I'm familiar with the Waikoloa Highlands project when, you know, when that I was listening in to earlier discussion on - - - item yes, you know, that property was originally zoned Ag-I by the County, and subsequently, when they went in for a time extension, there was a requirement that the applicant subsequently change, you know, submit separate zone for 22 EXHIBIT C