2004-01-30 BayPacific - Laserfiche WebLink

Home

Other examples, in the year 2000, Waikoloa Land proposed a Light Industrial use to this property to the Waikoloa Village Association, as long as the revenues were split 50-50 between the Association and Waikoloa Land. When I spoke with the representative of Waikoloa Land, Ms. Mirikitani, over the letters by Mr. Yuen, she stated that Waikoloa Land was in favor of Light Industrial use in that area but they wanted the developers to put the facility on their land. We stated we would talk to them, but we never heard back. So we believe that, most importantly, the issue of whether there’s a private use restriction is really an issue between Waikoloa Land and the developer and Waikoloa Village Association. It’s not really one of the criterion, I would respectfully submit, that is part of a land use evaluation as to whether these requests should be granted. We’re willing to take whatever risk. If Waikoloa Land believes that a use that will happen violates some rights they have, there are remedies for them to do that. But looking at the zoning request, we would just suggest that proper land use principles are what should determine the Commission’s view of this issue, and let the private parties deal with any private use restriction, if any such use restriction exists. I hope that answers your question, Commissioner Springer. SPRINGER:Thank you. FUJIKAWA:Go ahead, Ms. Springer? SPRINGER:I’ll just ask the Planning Director, having heard this explanation, if you are in agreement with it that basically there are, as I understood it, no valid restrictions based upon Waikoloa Land’s previous and ongoing activity and that there are other remedies for them to pursue other than this venue? FUJIKAWA:Planning Director, go ahead and explain to the Commission. C. YUEN:I have no opinion as to the merits of the dispute between the two property owners as to whether that, the restriction is valid or not; and I don’t want to express any opinion on that. As far as the Commission is concerned, my recommendation would be to go ahead and make a decision based on the land use criteria for a rezoning and not try to decide the issue of the covenants here. Leave that to, the proper forum to decide that is in the courts, rather than the Commission deciding that it’s going to, well, you know, the Commission just gives a recommendation on this. But rather than the Commission or the County Council deciding that they’re going to block action based on the claim made by the other, by the Waikoloa Development Company, that this was the kind of thing that a court would and should decide. SPRINGER:Thank you. FUJIKAWA:Thank you. Any other questions? Graham, go ahead. 6