2004-06-18 TSMITH - Laserfiche WebLink

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Dean and the other folks there on the corner. It just makes me shudder, and Im the one that wrote the letter about timing. Do you guys everjust say no to rezoning? SPRINGER:Yes. AIKELE:Okay. This is the time do it. Just deny this for now and then lets see how Hualalai Vistas turns out. Thank you. FUJIKAWA:Thank you. Any questions, Commissioners, with Bev? GRAHAM:I have. FUJIKAWA:Go ahead. GRAHAM:MayIaskthePlanningDirectorbecauseoftheskepticismofthese people that theyre afraid that in some way there would be the 7 lots created andnot have the access through Hualalai Vistas. You know, my understanding is that if we do, if this rezoning does move through that, in fact, there will be only the one lot thats already there until the road is actually in place and can be used by these folks as wellasby the Applicant here. Is that correct, what Im thinking? YUEN:Yes. And the only if to the issue of a better access through Hualalai Vistas is whether Hualalai Vistas actually develops. Because if they dont, if for business reasons Hualalai Vistas -. They have a subdivision application into our office. If for business reasons Hualalai Vistas does not develop the subdivision, then they remain as a 47-acre lot with no road through it. Mr. Smiths lot remains as a 5-acre lot with no more than, no more developed on it than as allowed by the existing zoning; and you folks remain with the same access. You have the exact, youll be in exactly the same situation that you are today. So Hualalai Vistas has the zoning to be allowed to develop, they have the conditions that force them to build the road out to Church of God Road. But if they do not, if their financing falls through or some other thing and they do not develop, then you do not have a road. But nobody is, unfortunately nobody is going to just build you a better road out of the goodness of their hearts. So thats the situation thats here. If the rezoning for Mr. Smith goes through, the way its written, then his rezoning is really good for nothing unless the road gets developed through Hualalai Vistas. WILSON:Well, could -? FUJIKAWA:We have a question here of a testifier. Go ahead, Paula. WILSON:Id like to ask a question. If the situation occurs where Hualalai Vistas doesnt happen, Tom Smith gets his variance and he decides to pursue what hes already indicated he will, Im going to build my lots anyway and Im going to use Church of God Road to do so, is there some legal way that he can be prevented from bringing all that equipment down that little bitty road, other than the fact that hes probably going to get stuck somewhere? 22