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<br />PATEL: Excuse me, Chair, maybe I can provide some light. To answer your question, as far as the
<br />appellant, just to clarify, are you referencing something comes before the Commission, the
<br />Commission denies the P.U.D., the appellant, meaning the applicant, appeals to the Third Circuit
<br />Court?
<br />
<br />BEAUDET: Correct.
<br />
<br />PATEL: In that instant, yes, normally the appellant when you are appealing, they would be
<br />responsible for their own cost.
<br />
<br />BEAUDET: I just wanted to clarify that.
<br />
<br />KANUHA: And that, again, Mr. Chairman, that also applies to approval, yeah; if the Commission
<br />approves a P.U.D., and, you know, there is a party that’s involved in the process that disagrees with
<br />the decision, they too can appeal as well.
<br />
<br />BEAUDET: Thank you. Go ahead.
<br />
<br />UNGER: Daryn, And the current Zoning, partial approval is allowed in the P.U.D., and then in this
<br />new bill it’s not. What is the reasoning behind that?
<br />
<br />ARAI: I’m not sure of the exact reasoning behind it. We just noticed that it was not a component
<br />within this bill that was transmitted down by the County Council. So I’m not exactly sure why the
<br />particular component was not included in this draft bill.
<br />
<br />HICKCOX: Mr. Chair? I think that maybe perhaps, after going through some of the reading on
<br />this, that what’s being sought after along with all of these other things is more stringent compliance
<br />to the CDP, right? Correct? That seems to be the direction this is headed for, if I’m not mistaken.
<br />
<br />BEAUDET: I would agree, but then, again, you know, let’s be aware that the zoning conditions as
<br />they are, as they currently dictates the density of the proposed development, right, which is in
<br />accordance with the CDP to begin with, or should be, right, unless you are asking for rezoning. But
<br />if all stays current, densities don’t change, rather, if the property were to be developed under the
<br />current zoning or under a P.U.D. application. Correct, right?
<br />
<br />ARAI: Yes. And maybe to further clarify the Community Development Plans, previously
<br />Community Development Plans were frequently adopted by a resolution, which is just an
<br />expression of policy, you know, policy direction. However, more recently, like these North and
<br />South Kohala CDPs, the Kona CDP, those have been adopted by ordinance, so there have been
<br />some questions about, by adoption by ordinance, it’s then law, and that has been, I believe, an
<br />appealable point, or at least made part of an appeal, past appeal. So I think to kind of avoid that
<br />type of potential, it’s best to just incorporate it within the proposed code amendments; that way, it’s
<br />clearly articulated and expected as part of the review process.
<br />
<br />BEAUDET: I think one of the other main primary focuses here with Bill 281 is creating, or
<br />increasing, transparency for those concerned in our communities, or in surrounding communities of
<br />the area. And I can appreciate that. It also gives, provides community members and neighbors the
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<br />EXHIBIT A
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