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essentially their time to, of their zoning has expired and they need a time extension. If you look <br />at the very last paragraph of the ordinance that granted the RS-15 zoning back in 1997, it says <br />that if the time conditions are not met, the Director may initiate rezoning of the property to its <br />original or more appropriate classification. That’s in the same ordinance that has the RS-15 <br />zoning. So what the applicant’s attorney keeps saying is it’s not fair to do exactly what the <br />ordinance says the Planning Director can do. This is what it says in the ordinance and this is <br />just -, it links with the rest of the ordinance. <br />I don’t look at this action as being punitive in a sense of the applicant was bad, they didn’t do <br />what they were supposed to do, they dropped the ball; it’s really not a question of that. How <br />much investment the applicant has put into a project can influence the question of fairness on a <br />time extension. If you think back – let me give you an example – we had a situation a few <br />months ago on the Commission with the Volcano Golf Course Subdivision where they needed a <br />time extension. They’d not gotten final subdivision approval. They’d gotten tentative <br />subdivision approval. They needed the time extension. They had -, at that point, though, they <br />had almost finished the subdivision. They built the roads, they put almost everything in; they <br />were almost ready and completed. And I said sure, you know. You would look at that level of <br />investment as an issue on the fairness of whether or not to grant a time extension. In this <br />situation they really have not done a great deal since 1997. The basic archeological work had <br />been done. The reports that you saw that came with our letter in early March is really about the <br />extent of it; and that was getting approval of what sites would be preserved and really having a <br />minimal amount of work connected with the preservation of those sites. <br />So this is really a question -, and I look at it as a question of land use; and it was not a question <br />of being punitive or being negative to the owner. What is the right use of this land? Whether <br />you have 25 lots there, or you have 7 lots, you have 50 lots, the land is going to be used for <br />basically a residential, highly upscale development. In Kohala Waterfront, which would be <br />similar to the 50-lot type of development – the Kohala Waterfront being the brown area that’s <br />about 3,000 feet from this property – the lots are being offered at $1 Million to $1.5 Million <br />each, and then people put homes on them. So this is not any kind of housing opportunity for <br />people. So in that context, the opportunity to have more open space to be able to control where <br />the houses go is really something that -, there is a lot more opportunity to create and to work to <br />be able to fit houses in the landscape and not cause environmental problems in a 7-lot <br />development than a 50- or 25-lot development. <br />On the question of the General Plan, a rezoning or zoning has to be consistent with both the <br />LUPAG Map and policies and goals of the General Plan that is the text of the General Plan. The <br />policies and goals, you know, as I’ve said before, there are often competing policies and goals, <br />and people can have differences of opinion about whether it fits or not. The LUPAG Map really <br />serves as a filter in it; it serves as a limitation. You can develop in an area like this, for example, <br />you can -, the General Plan LUPAG Map permits a housing development of or the density of that <br />proposed or even of a greater density. But when you come to the zoning decision, you have to <br />make a site specific and careful decision about what really should happen on the property. When <br />the LUPAG Map is done, it’s done on – the term that’s used in the General Plan is broad brush – <br />it’s done without looking at the specific issues that may be there on a piece of property like the <br />archaeological sites, like the drainage ways, like the viewplanes; it’s really looking at broad areas <br />on the map. And then at the zoning decision you have to make a specific decision about whether <br />EXHIBIT A <br />24 <br /> <br />