2008-04-04 THILO HILLSIDE - Laserfiche WebLink

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the subdivision was going to be through Sunrise Ridge and Sunrise Estates, up Kukuau Street, up to the site. All right? And currently, and nobody knew that Puainako Street, Puainako Street was on the books but nobody knew that the extension was actually going to done or completed. So the requirement for the improvement to the intersection made sense in terms of the access in 1993. It really is hard to justify that as a zoning condition in 2008 when the access to the site is to come from Puainako Street. However, there was this agreement in 1995 which is a requirement of the tentative subdivision approval; and hence we just carried this requirement into the rezoning ordinance when we were cleaning up the rezoning ordinance. We took out the requirement of building these signals at Komohana and Kukuau where they are not really even going to take access anymore, but I kept the dollar amount. And so it’s not, so that’s the explanation. I know it’s a long explanation. I don’t know that it’s important or critical to say that the dollar figure to do the job was “x” in 1995 and so it should be raised up to something more today. This is just to implement that agreement that was made. RHO: So let me just make sure that I’m clear on this. So that $175,000 and the $60,000 are not set in stone? YUEN: They are conditions, well, they are proposed conditions of the rezoning ordinance. They are written into the tentative subdivision approval. So currently to get final subdivision approval that money has to be paid. RHO: I understand that. But if I as a Commissioner decided today to raise that to $200,000 and $100,000, could that be possible? YUEN: Well, any time the Commission or the Council or the Planning Department makes a zoning requirement we have to have a connection, and this is a general law, or sometimes called a nexus, between that requirement and an impact caused by the development. So you can’t just pluck a figure, you know, out of the air and say pay this as a condition of rezoning, or some project that we would like the applicant to do. We have to be able to tie that into some difficulty or some impact that they’re causing. So you couldn’t just arbitrarily, you know, pick a figure. So in this case, as I said, the only reason why we are carrying this forward -. We felt that, yes, we should drop the Kukuau-Komohana signal from the rezoning condition because they’re really not contributing to traffic at that signal with using Puainako Street as their current access, but we would carry forward that payment of the dollar amount because that was an agreement that was made in the mid-1990s. RHO: Okay, I have issues with what you just said, but I won’t dwell on that because this is not a question. But I do have a question. When you look at Item E, the parts that are lined out were approved by this Commission. Now they’re coming back and they want the underlined, $175,000 and $60,000, to be in place of the lined out -? YUEN: Right. RHO: I guess I’m having difficulty, so maybe you can help me with this. How is it possible for somebody to change the condition without coming back to this body? I mean I can see we don’t want the traffic signal at whatever and whatever and whatever as spelled out, cause that was based in 1993 on the plan at that point. But, you know, things changed; and that’s EXHIBIT B 4