2008-01-11 TPDKOHALA LLC - Laserfiche WebLink

Home

The last thing I wanted to say, with all that being said, Mr. Lim and I had a conversation in December briefly about a possible Conservation sale and then this morning; and I’m going to be sending him a letter. He has asked me, encouraged me to do so. So there is that possibility out there. And certainly that’s something I know that the organization I represent would support. So that’s it. Thank you for your consideration and I encourage you to act proactively. WATANABE: Do we have any questions for the testifier? Thank you, well, you may be seated then. I’ll call up Mr. Lim. Mr. Lim, you’ve already been sworn in. You’ve heard the testimony. It’s repetitive in that we heard it at the last meeting. And I’m hoping, you know, at the last meeting we spent much of our time about procedure, process, rules. And I’m hoping this time we’ll be able to move forward and make a decision one way or the other on this issue and then hopefully in the end we’ll drive this to a conclusion. So, but what, I know you worked quite diligently preparing for this so now is your opportunity to present your case. LIM: And due to the late hour I’ll try to be brief. As I spoke earlier the Commission’s vote in July of last year to unanimously approve the consolidation of the five matters before you was, we believe, the tool to bring the two matters together; and Kohala LLC relied on that consolidation in processing and hearing this matter. We believe that because of that consolidation that the applicant Kohala LLC now has the ability to extend time limits for both our change of zone time extensions, the SMA time extensions and also the Planning Director initiated actions that you’re reviewing today. I think one of the things that we would recommend to the Commission is no matter which way you go I know you have strong opinions on this matter. There’s a potential that the 60 days, if we’re wrong the 60 days has run and the only thing you can do is send up a negative th recommendation. And based upon what the Director says in the December 12 transcript at page 13, he said that if the change of zone is sent to the Council with a negative recommendation he stated that only the Planning Director’s recommendation will be sent up there. And if that occurs, if in the end the Commission defaults to a negative recommendation because you find that the 60 days have passed, I urge that you also send up what you think at the same time. We think that the Planning Director took 10 years to enforce the SMA conditions, and that’s why we wanted the extra time to be able to prepare our arguments for the change of zone and the SMA th together at the March 20 hearing. We still believe that that’s the best way to go. Nothing is happening on the property. The Planning Director’s position is not being compromised. The only one that is being compromised at this time is the applicant because basically once this action started back in July of last year we had to put all stops on whatever actions we were pursing on development of the property. You know, so our point is why not wait another couple of months to let us argue this thing, let the Commission decide these all at one time. And for purposes of the record, Kohala LLC is going to reserve all of its rights with respect to the five consolidated matters and any of the issues that relate to the proper processing of the Planning Director’s downzoning and revocation bills that are listed on Items 4 of the , 4.a. and 4.b. of today’s agenda. As I stated I think that the Commission should make its thoughts known if it does go up to the County Council after this meeting. We believe that that is the fair and proper way to go on this one. I’m going to, I guess, defer a little bit with my presentation on the EXHIBIT C 8