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KANUHA: Contract zoning—you know, if there's a challenge, you know, perhaps Corp.
<br />Counsel might answer that. We would always look to whether or not—what our role is to ensure
<br />that whatever approvals and conditions of approvals that we recommend to the Commission, that
<br />it's defensible to the maximum extent possible so where the condition that has overtones of
<br />being a contract zoning condition, you know, we feel that it could leave the Commission's and
<br />also the Council's decision on it somewhat open to legal challenge. Maybe Danny might want to
<br />weigh in a little on that, too.
<br />PATEL: Yeah, that would subject any kind of contracted condition or contractual zoning effect
<br />open to challenge. You generally cannot contract zone.
<br />MIYASATO: Okay.
<br />FUKE: So, Commissioner Miyasato, so thereforeI'm sorry to interrupt—but and because of
<br />what the Director and your counsel has advised, and that's why I was trying to structure a
<br />language that addresses that kind of like limitation, and so if you look at on page 2 of the what
<br />we call the conditions of approval, kind of like way in the back. On condition f, you know, it
<br />reads, I guess, you know, also for the benefit of the public, it would read as follows: "Prior to
<br />the submittal of plans for Plan Approval for a development of the property for any use permitted
<br />within the CN -zoning district other than the proposed parking area, the Windward Planning
<br />Commission shall be given the opportunity to review and recommend, if needed, appropriate
<br />mitigative conditions to the Planning Director." What this would mean, is that, you know, the
<br />Planning Director has discretion when it reviews and approves Plan Approvals, you know,
<br />whether it comes in the form of additional landscaping, access requirements, further setbacks,
<br />and so on and so forth. You know, there is that discretionary authority that the Director has
<br />when during the plan review process, so what we're saying is that, okay, so if you have a use that
<br />is other than the parking, because all of the conditions have been tailored around the parking
<br />right now. But, if you have a use other than the parking, well, fine. Let us have the Planning
<br />Commission review it, you know, via a public forum, and then you make your recommendation
<br />to the Planning Director. At least there will be an additional step of I guess so called opportunity
<br />for the public to comment on any change of use.
<br />MIYASATO: Okay, thank you.
<br />CLARKSON: What I
<br />HENKEL: Go ahead, Mr. Clarkson.
<br />CLARKSON: I'm new and unclear aboutI'm still unclear about this and maybe our
<br />Corporation Counsel can answer. If this property is rezoned, and a different use that is consistent
<br />with the zoning is proposed, other than standard mitigative measures, is there any way to prevent
<br />that other use from being permitted? In other words, if it's zoned commercial and some other
<br />use that is appropriate for that zoning, is submitted for a permit, can that permit be denied by the
<br />Planning Department or anybody?
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<br />EXHIBIT C
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