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do we want to place transient vacation rentals, and so right now, we're looking at special
<br />overlaid districts that would include the Volcano area and stuff because we do need units up
<br />there. And, that's not, you know, it's not out there yet, but, you know, we're looking at those
<br />kinds of considerations of we have these uses and without having, you know, very specific
<br />guidance of where they can go, we are having to address them through the special use. And, I
<br />wish we could get to a place where we could be more specific about what zoning and what areas,
<br />but we're not there today.
<br />So, hence, there was a lot of, of considerations into what we wanted to have the Applicant
<br />provide up front. So, I think that's one area of, of trying to balance both the economic
<br />development, you know, goals that we have for the Island and quality of life issues for all the
<br />residents.
<br />I think one last piece was looking at the community development plan for the area, and it
<br />certainly wasn't inconsistent with what we were seeing with the CDP. But, again, it's not as if
<br />the CDP was specifically addressing a yoga retreat, you know, right there. But, we did look for
<br />some guidance there.
<br />So, I just wanted to make those comments. Thank you.
<br />CLARKSON: So, I'm familiar with the fact of rezone applications don't necessarily, can't be
<br />conditioned on a particular use, but Special Permits can be so that if somebody stopped offering
<br />yoga, the permit would then become void?
<br />YEE: Christian
<br />CLARKSON: In other words, can you condition a use for the permit?
<br />KAY: So, the Special Permit will generally run with the land. So, should the Applicant's decide
<br />to sell, pass on, what have you, otherwise, otherwise get rid of the property, that the new owner
<br />would be able to continue to run the uses that the Special Permit are approving.
<br />The, we have a condition here, Condition No. 2, that reads the operation of the lodge and
<br />wellness retreat and related improvements shall be conducted in a manner that is substantially
<br />representative of plans and details contained with the Special Permit application with several
<br />different dates. Any substantial expansion of the facility or uses beyond what is represented in
<br />these documents shall require an amendment to this permit. So, that said, all of the, all of the
<br />uses that we would approve under a Special Permit could continue. If they were to change or
<br />expand in a substantial way, then we would have to amend the permit.
<br />But, there's nothing saying in here currently that if they stop offering yoga or what have you then
<br />the permit would be null and void. If a new owner were to purchase the property and not want to
<br />run a lodge or a wellness retreat, then they could ask for a revocation of that permit. You can
<br />offer a condition that says the use runs with the owner, so should they sell it, get rid of it, then
<br />that the use would be null and void. So, that is an option that you have as a Commission, but
<br />generally, it doesn't go that way.
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