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Now whether these kinds of things that the Applicant is requesting, you know, fits this
<br />Ðrational nexusÑ theory is not really like the concern of the Applicant. It reflects, I think,
<br />an attitude on the part of the developer or the Applicant to want to share as much as
<br />possible some of the benefits or rewards of this project with the broader community.
<br />At the same time, we all know that you cannot share what you donÓt have. And, at this
<br />point in time, making in excess of $3 million of roadway improve
<br />Boulevard is something that the Applicant does not have. In the past, it possibly could
<br />have with the, you know, membership program considered by many o
<br />of companies. Memberships were being sold from anywhere from $8
<br />and, you know, you had all this so-called Ðexcess fundsÑ that could possibly be thrown
<br />into the general community pot and make these improvements. And itÓs along that line
<br />that decision-makers way back when in the late Ò80s and early Ò90s had exacted in some
<br />counties, you know, 120 million dollars of impact fees, so on an
<br />theyÓve ever realized any of those, you know, still remains to be seen; and, secondly,
<br />whether any of those Ðexactions,Ñ you know, fit the rational nexus kind of legal theories
<br />still remains to be questionable.
<br />Ainaloa Boulevard is shared not only by the Applicant but itÓs shared by well over 3,000
<br />lot owners in that area, back in 1992 when the traffic impact study for the project was
<br />prepared. And the traffic impact to be generated by the project
<br />change, you know, so IÓm just using those kind of statistics, and then the projected
<br />volume of traffic during that time was 50 in the morning and 70
<br />Now if you assume that not using the full 3,000 but to just assume like 1,000 trips to be
<br />generated by the Ainaloa Subdivision itself, the amount of traffic that would generated by
<br />this project, you know, in relation to the total, you know, 1,000 trip generation by others,
<br />you know, represents less than 5 or 7 percent. Now if you assume the full 3,000 lots that,
<br />you know, that have legal access to Ainaloa Boulevard, then what you have is really like
<br />this projectÓs impact represents less than 2 percent. Ainaloa Boulevard is a 20-foot paved
<br />roadway with 2- to 4-foot shoulders. True, itÓs not built to County dedicable standards.
<br />But if you look at todayÓs dedicable standard and you look at lot of these public roads
<br />that we have in this area, Waianuenue Avenue, Kaumana Drive and
<br />you know, youÓll find that they do not meet ÐCounty dedicable st
<br />nevertheless traversable.
<br />Now if you use the fair share calculation and you assume that the cost to bring Ainaloa
<br />Boulevard nevertheless to what today would consider like County dedicable standard,
<br />you may be talking on an average like a million dollars a mile or roughly like 3-1/2 miles,
<br />I mean, of roadway improvements at a cost of $3 million to $4 mi
<br />share is based upon, you know, the 5 percent traffic impact; and if you translate that, then
<br />it would amount to like about $150,000 to maybe no more than $20
<br />share aspect of this project, you know, to improving Ainaloa Boulevard would amount to.
<br />If you put in the full 3,000 lots, on the other hand, the fair share contribution comes out
<br />only like about $60,000.
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