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113 Planning Director Yee addressed the concerns of Council. Mr. Yee stated that the CDP is really <br />114 suggesting changes and not mandating them. He also explained that there may be individuals <br />115 who may try to use the recommended changes to leverage an actual change, but the Planning <br />116 Department has written the CDP in a way to avoid a taking. <br />117 Ms. Eoff stated that she agreed the Planning Department had provided enough clarity to avoid a <br />118 takings issue. Ms. Eoff commended the hard work of the Steering Committee and everyone else <br />119 that was involved in the development of the plan. She stated that she would be supporting the <br />120 adoption of Bill 161. <br />zmq""- <br />121 Ms. David expressed her appreciation for all that Planning and the Steering Committee have <br />122 done in Hamakua. She thanked planning staff for sincerely addressing the concerns of the <br />123 Council members. <br />124 Mr. Chung asked Mr. Yee how the Planning Department would currently process an application <br />125 for an Industrial use at Hakalau Point. <br />126 Mr. Yee replied that the property has legal entitlements as it is zoned. He stated that if the land <br />127 owner is staying within the bounds of what they are entitled to through their zoning, it is unlikely <br />128 that the Planning Department could move against that even if it is not in alignment with what is <br />129 suggested in the CDP. X41%kbb, V <br />130 Mr. Chung stated that he still had legal concerns related to land use at the Hakalau Point <br />131 property and potential future lawsuits. Mr. Chung stated that he would be voting for Bill 161 <br />132 wholeheartedly if it were not for the circumstances of the Hakalau Point parcel. <br />133 Ms. Ruggles stated that the Planning Department was very clear that the CDP is not creating any <br />134 new laws that will conflict with existing laws. She stated her belief that the Planning Department <br />135 has done their due diligence when it comes to legality. Ms. Ruggles thanked those involved in <br />136 the CDP process for sticking with the plan for 9 years. <br />137 Mr. Yee stated that all the credit for the creation of the CDP goes to Planning Staff and the <br />138 community that has stuck with this plan for years. <br />139 Council Chair Poindexter stated she was very proud of the community for standing united in <br />140 protecting and preserving the lifestyle and cultural heritage of Hamakua. She thanked the entire <br />141 community for sticking together in the process and especially the Planning Department for their <br />142 great leadership in the development of the CDP. <br />143 Mr. Chung asked Mr. Yee if there was anything in the document that specifically relates to why <br />144 the CDP suggested a land use change for the Hakalau Point property. <br />145 Mr. Yee directed Mr. Chung to the Hamakua CDP policy rationale document. Mr. Yee deferred to <br />146 Planning Staff to elaborate as they had worked more in detail on the matter. <br />www.hiplanningdept.com planningahawaiicounty.gov Page 4 <br />