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doing that. The priority of the Department, and I know I€m not an employee of the Department, <br />I€m not a trained planner, but it is my humble view that that€s really what should be done, that€s <br />what needs to be done in order to avoid us really speculating. In any kind of, whatever action is <br />taken here, especially if an approval is given, you know, it is, in my opinion, speculation going <br />on about the precedential effects of such an act and an official act by this body or the Council. <br />And so I would much rather have the community, in this case the Panaewa community, come in <br />and say this is how we view, you know, if it€s as Commissioner Siracusa says the community <br />says we want to maintain this Ag 3 lifestyle and that€s how we want it to be 30, 40, 50 years <br />from now so let€s do it this way; or if the community says, you know, we want to turn this into a <br />really nice subdivision, urban, curbs, gutters, make it a true urban subdivision, fine, they can do <br />that. But it should be done at that level. And if we continue to do it this way, then all we have to <br />look forward to is Kihei, Maui, Kapolei, Makakilo, Kapahulu, Hawaii Kai, all of that all <br />approved by great urban planners; and, you know, you end up with all of the congestion and the <br />traffic chaos that we hear about every morning on our tv shows. <br />GRAHAM:All right, thank you. Commissioner Salavea, please. <br />SALAVEA:Thank you, Mr. Chair. Just a question for Corp. Counsel. Ivan, if we <br />have a stalemate on the vote, it can go either way, approve, or against, or for the <br />recommendation, does it go up to the Council as an unfavorable recommendation? Just <br />clarification. <br />TORIGOE:I€m sorry, I missed the question. But was this what happens if you can€t <br />get five votes? <br />SALAVEA:I€ll repeat it for you. If the Commission is unable to pass a favorable or <br />unfavorable recommendation up to Corp. Council, does it go up as an unfavorable by default? <br />TORIGOE:Your Rule 13 on State Land Use Boundary Amendments does not specify, <br />unlike the rezoning rules, does not specify what happens if you€re unable to get five votes by a <br />certain period of time. But for practical purposes if you€re not able to get five votes you really <br />can€t go forward with the rezoning either. And the rezoning rules say that you€ve got a certain <br />period of time in which to get five votes one way or the other. So basically if you end up not <br />being able to move on this thing within the rezoning timefame, then what you end up with is a <br />rezoning recommendation that€s a default negative. And under those circumstances, yeah, you <br />know, you might as well just kind of piggyback the State Land Use Boundary Amendment say, <br />you know, the rezoning is going up on a default negative, we€re not able to get five votes within <br />that rezoning timeframe. And I would recommend that you just go ahead and vote to send it up <br />with the entire record as a package, basically, as a default negative. <br />SALAVEA:Thank you, Ivan. Thank you, Mr. Chair. <br />GRAHAM:Commissioner Rho? <br />RHO:I have a question for Norman, maybe you can answer. Nani Mau Gardens, <br />is that, can you point that out to us on the map. <br />HAYASHI:Nani Mau Gardens is at this general location. It is situated off of <br />Makalika Street, the street over, next one over. And that was granted through a special permit, <br />just for your information. <br />GRAHAM:Okay.ThePlanningDirectorwouldliketomakeacommenthere.Please, <br />Mr.Yuen? <br />12EXHIBIT A <br /> <br />