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conditions of SMA that would link the approval date of the SMA to the rezoning approval. In this <br /> case we didn't have it, hence the applicant is requesting a revocation of this SMA permit. I'll be <br /> happy to answer any questions the Commission may have. <br /> LIN: Thank you Christian. Commissioners, any questions on this <br /> application? Okay, seeing none. Applicant? [Male from the audience came up to the testifier <br /> table]. If you could please raise your right hand. Do you swear or affirm to the tell the truth on this <br /> matter now before the Windward Planning Commission? <br /> MALE AT TESTFIER TABLE: I do. <br /> LIN: Please speak directly into your microphone and state your name, the <br /> area you reside in and whom you represent. <br /> PIPAN: John Pipan, Land Planning Hawaii representing the applicant, Aloha <br /> Kia. I reside near Honoka`a. <br /> LIN: Okay and have you received the reports from the Planning <br /> Commission or Planning Department regarding this matter? <br /> PIPAN: Yes, we have. <br /> LIN: And do you agree and have any further comments? <br /> PIPAN: Yes, we do agree. Just a little explanation. I feel like I owe the <br /> Commission a bit of an apology. When I do raise my hand and swear to tell the truth I do take that <br /> seriously and unfortunately, I did misrepresent a fact of the matter at my appearance before the <br /> Planning Commission. I stated that the current tenants of the building were well aware of the plans <br /> in its entirety and unfortunately due to a miscommunication. A critical miscommunication with the <br /> property owner like a bad telephone game they weren't aware of the whole scope of the project <br /> unfortunately. That did come out at the County Council and just kind of soured the whole process <br /> unfortunately. So, I feel bad for Aloha Kia, I apologized to them too. You know, having a project <br /> be consistent with the General Plan and mitigate all potential impacts with respect to Special <br /> Management Area and all of that is not enough obviously. You've got to engage with the <br /> community early and often in the process and I'm taking that lesson to heart with future projects not <br /> only in this area but in other areas of course. <br /> So, again apologies and I'm here to answer any questions you might have. I think it is maybe <br /> important to note this is the last month of this early public comment period for the new draft General <br /> Plan coming out. That this draft General Plan Land Use Pattern Allocation Guide Map still <br /> identifies this property as Industrial. You know, that's what we are intending to do, a rezone for <br /> industrial uses, and it didn't work out. We had good support up until that last moment so, Aloha Kia <br /> is still you know on a ticking clock their lease is running out and so. The bottom line is there's not <br /> adequate zoning for them to relocate from their leasehold and that was the impetus, that was the <br /> reason for this rezoning in the first place. And I think it is crucial that the General Plan be informed <br /> by the CDP's and in this case the lack of a really working Hilo CDP kind of muddies the water and <br /> 2 <br /> EXHIBIT A <br />