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GRAHAM:Chris, let me just give you a little, an overall pitch or read on this, <br />and you tell me if it sounds right, like I€m thinking of it right. Like this is an ordinance <br />which the County Council would presumably pass but the County Council is also the <br />body that passes the rezonings. So the County Council is kind of telling itself I can€t pass <br />rezonings in certain situations if I pass this law. But they could just as well just not pass <br />it under certain situations anyway. <br />YUEN:Right. And that goes to a question of whether you adopt <br />something like this as an ordinance or whether you adopt something like this as a <br />guideline that you use in evaluating rezonings. And in discussing this, in the background, <br />for example, I try to point out that, recognizing that there€s a highway problem in Kona, <br />for several years the rezonings, the really larger rezonings have typically involved road <br />conditions or have had affordable housing objectives. And this is a policy that€s <br />underlying some of the decisions and the recommendations that we€ve made without it <br />actuallybeinganordinance.SotheCouncil,yes,theycouldadoptthesethingsasa <br />policy. There€s some desire of the Council Members to adopt an ordinance that has the <br />effect of limiting their freedom of action, the freedom of action of the Council in granting <br />rezonings. <br />GRAHAM:Thank you. <br />DOMINGO:This would apply to all rezonings, or is it limited to size in number <br />of acres, or -? <br />YUEN:Well, the Council€s Bill 318 would apply to all. The Director€s <br />revisions would kick in the TIAR, the study requirement only for larger projects, this 100 <br />vehicles per day (sic) threshold which for a single family residential project it works out <br />to about 150, to a project with 150 homes or lots, multi-family would be 225. So it <br />would only kick in for what is to us a larger scale of project, not the kind that you see <br />every day, every application. <br />DOMINGO:But the Council€s version of the bill would involve every <br />application for rezoning? <br />YUEN:Yes, that€s what it says. <br />DOMINGO:And that€s my fear because we€re precluding those rezonings of a, <br />you know, mom and pop who has a fairly good sized lot and they would like to subdivide <br />it or rezone it and subdivide it for their children. If this precludes it, then it€s going to be <br />hard. And what will happen is they€ll go to the Council and complain to the Council, and <br />then you€ll have the pressure to do something, where, in fact, it was of their own <br />ordinance that precludes them from considering that rezoning application. I can see and <br />appreciate the concern that the Council has in regards to, for the reason in coming up <br />with such a major -, although there are some reservations on my part, and I see from <br />yours. <br />5EXHIBIT D <br /> <br />