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2008-03-20 TKOHALA LLC
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2008-03-20 TKOHALA LLC
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WOODWARD: Yeah, I got confused by that last time. So I just wanted to kind of clarify <br />it. So, but there’s obviously a wide range there from 1-acre to 3-acre to 5-acre to 20-acre to 40- <br />acre; and it all surrounds this property fairly closely. But the immediate surroundings are Ag-5. <br />Correct? <br />YUEN: Correct. <br />WOODWARD: Okay. Thank you. <br />RHO: Okay. Let’s -. <br />SIRACUSA: Excuse me. Can we take a 5-minute recess? <br />RHO: Yes. That’s what I was just going to suggest that we take a 5-minute, or <br />let’s make it a 10-minute recess. <br />RECESSED The Chair called a recess at 10:30 a.m. <br />RECONVENED The meeting reconvened at 10:41 a.m. <br />RHO: The Planning Commission will now come back to order. What I wanted <br />to do is -, we haven’t given the Planning Director time for his presentation; so, Mr. Yuen, now is <br />your time. <br />YUEN: Okay, great. Thank you very much. Good Morning, Members of the <br />Commission and Mr. Chairman. There’re a few things that I’d like to talk about with this <br />application. I know we’ve been over this in quite a bit of detail. But let me step back a minute, <br />and first talk about fairness. And there has been quite a bit of discussion of fairness in <br />connection with this application. Fairness is a concept that means a lot of different things to <br />different people. And it’s related to legality. It’s different from legality; something can be legal <br />but unfair. And I accept that. But it’s related to legality in a sense that the legal system sets <br />some of the bounds for what you do and it creates the context for what you do. So really the <br />argument about unfairness seems to be that rezoning is a one-way street. What I mean by that is <br />the idea that once you’ve zoned something to a higher density – for example, in this case it was <br />zoned from Agricultural 5-acre lots to Residential 15,000-square foot lots – once you’ve done <br />that, it’s unfair to ever change that. I have to reject that proposition. As a legal statement, it’s <br />wrong. You can rezone property to a lower density; you can downzone property. The legal <br />boundaries for that are, as I discussed in the memo to the Planning Commission, are vested rights <br />and takings. In this case we don’t have a problem with that. And it’s something that has to be in <br />the repertoire or the inventory of tools that the County has in dealing with land. Conditions <br />change, public attitudes change, policies change; and you have to have the ability then to also <br />change zoning subject to the legal limits. This is done. It’s done many times throughout the <br />country. It has happened in this county, not very commonly but it has happened. And it is <br />something that in a right case – and I wouldn’t say it should ever be done casually or for poor <br />reasons or not in support of a significant policy – in a right case you can do it. It’s even more <br />clear and perhaps more clearly fair to do it in a context of a time extension when somebody is -, <br />EXHIBIT A <br />23 <br /> <br />
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