2005-06-17 KPC REZ04-033 SMA04-009

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resulted in a greatly reduced density. Using the standards in the SMA law. Every, all the conditions that we put on Kohanaiki are tied to things that are in the SMA law. We didnt say build a public library or set aside a school site for example because there isnt anything in the SMA law that tells us that those are things that you can attach as a SMA permit condition. So the suggestion, if youre talking about zoned property and then somebody comes in for an SMA permit theres a range of things that you can get them to do that are public benefits. You can have, you can make them have a greater setback from the ocean because the public enjoys and uses the shoreline. You can require public access, public parking places again because the SMA law talks about public recreation but we cant say give us a million dollars. And, for some public use or we cant say, give us a school site for example. On the rezone side for off site improvements there is a County policy on fair share and its a set amount of money and we apply that and I dont want to get into a situation where each- whereas each application for rezone comes in we say, what community benefits can you provide and at some point were satisfied and we say well support you and if were not satisfied then we wont. Then you just, you get intoadhocdealmakingthatjust-itsveryhardtoapplyfairly,uniformlytoeverybodyinvolved. So thats you know, Im trying to give you my stand on this concept of community benefits. The site, you know this site happens to be where the logical, this logical connector road would be in so weve put that in as a condition of approval of the rezoning. But the idea that we should have some kind of free floating community benefit and negotiate that to the point where were satisfied on a project by project basis I dont want to do that. GALDONES:Commissioner Watanabe? WATANABE:Mr. Chair I think. I think maybe we kind of got off path now so if everybody, if its okay with the rest of the Commissioners Im ready to make a motion. GALDONES:Motion is in order. WATANABE:In the matter of KPC Villages LLC, Change of Zone Application, REZ 04- 033 I move to send a favorable recommendation to the County Council based on the recommendations of the Planning Director. GALDONES:Do I hear a second? IWASHITA:Second. GALDONES:It was moved by Commissioner Watanabe and seconded by Commissioner Iwashita. KPC Villages, LLC, Change of Zone Application, REZ 04-033 be given a favorable recommendation and then forwarded to the County Council along with the background report and the recommendation. Further discussion? Hearing none, Norman? HAYASHI:Commissioner Watanabe? WATANABE:Aye. HAYASHI:Commissioner Iwashita? EXHIBIT E 19