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and looking at clientele, and, you know, if that's who you want to market this stuff, if that's your <br /> market, then you have to provide that accommodation, likewise whether it's for like handicap, <br /> additional handicap requirements or like EVso, but at this point in time it's not a mandate, and <br /> it's really like at the discretion of the developer to provide. <br /> VAN PERNIS: Thank you. <br /> VITOUSEK: Is that all your questions, Commissioner Van Pernis. <br /> VAN PERNIS: That's it. <br /> VITOUSEK: Okay, thank you. Commissioner Armbruster. <br /> ARMBRUSTER: Hi there. Christian, this is probably a question for you. Is there anything <br /> that's changed in the code in the process since this was originally granted that would prevent an <br /> SMA, prevent this SMA from being granted today, if it were a new application? <br /> KAY: No. So just to give you an idea of what our process is, on amendments is, we look at <br /> them, even though it's not a new application, we kind of look at them as it were a new <br /> application; we look at all the same information. One of the criteria is, you know, is it consistent <br /> with the original reasons for granting the permit in the first place? So we go back and we take a <br /> look at condition compliance to this point. We take a look to see if there has been any significant <br /> changes. You know, the Kona CDP was granted in 2008; there is nothing in the CDP that would <br /> preclude this amendment or the development of the project in this area. So, yeah, I mean, as we <br /> look at amendments, we don't just look at it as what's being asked; we kind of go back and <br /> review the record and see, you know, what if anything, what of any changes there have been that <br /> would require additional conditions and/or would necessitate a denial recommendation. In this <br /> case, it's, if the applicant would have come with a brand-new application, you know, today, we <br /> would look at the same things, and I think the approval would be, the recommendation would <br /> still be an approval. <br /> ARMBRUSTER: Thank you. And then, for the applicant, I'm assuming this is a hundred <br /> percent market-rate housing that you are proposing? <br /> FUKE: These are going to be like condominium units. <br /> ARMBRUSTER: Is there any, any thought of affordable housing or any affordable housing <br /> offsets that the developer is proposing? <br /> FUKE: There is no affordable housing requirement, and at this point in time I don't know <br /> whether the developer has any plans to assign any units for affordable housing. Normally, <br /> affordable housing requirements are associated with any change of zone. I think, as what <br /> Christian had mentioned, this is already a zoned property for a number of years, and we are just <br /> coming in for an SMA permit and trying to address all of the criteria and guidelines for issuance <br /> of an SMA permit, which are different from the criteria and guideline for issuing a rezoning <br /> application, for example. <br /> 12 <br /> EXHIBIT D <br />