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So, let me look at the draft conditions and show you where that might be appropriate to add that
<br /> language. Just give me one moment here. Okay, so, if you look at Condition C of the draft
<br /> ordinance, we have our standard, "Construction shall be completed within five years. Prior to
<br /> construction the applicant shall secure final plan approval for their proposed development."And
<br /> that's where you can add in a statement that says that the plans submitted for final plan approval
<br /> shall be reviewed by the North Kohala CDP Action Committee prior to the Planning Director
<br /> issuing approval. Or some language like that.
<br /> PAISHON-DUARTE: Thank you. And a follow up question. So, in that language, shall and
<br /> shall review by "X"party, what, help me walk through the steps. So, if they then, the Action
<br /> Committee then after, as a scenario, does not support the application, what then happens? What
<br /> are the next steps?
<br /> JACKSON: I don't know that there would be a way to prevent the use from being established on
<br /> the property because it's a permitted use based on the zoning. So, I don't think that the
<br /> consultation input from the Action Committee could be a, you know, if we don't like it, it's not
<br /> approved type of decision. It would be more of a consultation of, you know, we feel like you
<br /> don't have enough parking spaces, or we don't like the design of the building or where you're
<br /> placing the proposed food truck. Something to that extent. More, more design-related
<br /> considerations rather than whether the use is approved or denied.
<br /> PAISHON-DUARTE: Thank you. Thank you, and I just want to, Chair, may I just, may I offer
<br /> some of my thoughts to the applicant? Is that okay? Thank you.
<br /> So, I'm, I'm not trying to be stubborn about this at all, however, with all of the comments and
<br /> advice, and further information that's been shared particularly by Deputy Darrow, with that in
<br /> mind applying that logic if you have all of the pieces in place with the correct, you know, with
<br /> the information, I would think that the Action Committee would then, once consulted again with
<br /> all the information that all of you have presented, I would think that they would, they would be
<br /> in favor. So, I don't think this, this hurts your application. It will take more time, however, given
<br /> all this conversation I just want to be upfront. I still will stand on not, I'm not in favor of the
<br /> application at this point.
<br /> VITOUSEK: Okay. With that, Commissioner DeFranco?
<br /> DEFRANCO: Right. With that, thank you, Commissioner Duarte. So, I am going to make a
<br /> motion to defer or I withdrawal first?
<br /> VITOUSEK: Withdrawal the motion.
<br /> DEFRANCO: So, I withdraw my present motion for a favorable recommendation.
<br /> VITOUSEK: Okay, thank you. And Commissioner Paishon-Duarte, would you like to make the
<br /> motion to defer?
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<br /> EXHIBIT A
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