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not approval based on these very ideas that you put forward here. And if the Council is <br />democratically responsible to its constituents, and they get elected every two years and the <br />constituents pay attention, there€s no reason the Council shouldn€t act in a reasonable way. So <br />even though that doesn€t always happen, it feels like the way to deal with it is just to increase the <br />democratic involvement, which we€re kind doing now with the community development plans <br />which I think are very good. But to just throw more kind of laws on the books with specific <br />things like they have to conform where mitigation can be avoided if they conform to the <br />community development plan, well, then that gets into a big gray area of we€ve got to vote on <br />whether it really conforms to the plan or not. And, I don€t know, I just feel it all leading down a <br />road that looks unattractive to me. Could you comment on my thoughts there? <br />YUEN:Well, I think there is a lot of validity in what you said; and it€s true that the <br />Department and the Council absent an ordinance could look at some of these kinds of factors. <br />And some of them are common sense. There is a downside to putting in an ordinance because it <br />doeslimitflexibility.Partofthisworkupisbecausewehadaseriesofordinancescomeupfrom <br />the Council and rather than simply say, you know, reject all of them, not a good try, I thought on <br />the zoning level it would be useful to try to take the intent and to put it into a workable ordinance <br />that would then provide a framework for the specific zoning decisions in the future. As I <br />mentioned in the write-up, some of the things that we have been recommending in some of the <br />rezonings that have come forward, the major rezonings, have applied these basic kinds of <br />principals, sometimes without saying the word concurrency.‚ We€ve had timing conditions. <br />We€ve had conditions of rezoning for example with Palama Nui that tied implementation of part <br />of the project to the widening of the Queen Kaahumanu Highway to four lanes. You know, <br />we€ve done that kind of thing. So I don€t really disagree with you. <br />I do think that, just to step back a bit, if you look at the Zoning Code there€s like about one <br />paragraph about when you rezone something; and it€s something like if it€s good for <br />motherhood, apple pie and, you know, there€s about one sentence about furthers the greater good <br />and conforms to the General Plan. And I do think that it would be useful to everybody if the <br />County had something besides -. And then there are things in the General Plan, you know, the <br />overall policies that are in the General Plan. But something in the Zoning Code that really tried <br />to lay out what are criteria to look at;, and it wouldn€t even have to be in the Zoning Code, but <br />what are the criteria to look at. I think that part of the original to 318 is to look at water and <br />roads and to say what are the kinds of criteria and what is the point at which you say no or wait <br />because the roads are too bad or the water supply is too iffy. <br />GRAHAM:Thank you for your thoughts. Yes, Commissioner Woodward. <br />WOODWARD:I think too, Mr. Chairman, the one thing from a purely pragmatic <br />standpoint is we€re just making a recommendation to the Council, they€re going to do what they <br />want. And I think it€s far better to have this amended document than to have them enact the <br />original 318; and I think they€ll see by the work that Chris has done there has been a lot of <br />thought put into this. And I think we€re likely to get something that€s much more palatable than <br />if we just send a negative recommendation on all of them, to be honest with you. <br />GRAHAM:Thank you. Good point. Commissioner Domingo? <br />9EXHIBIT D <br /> <br />