2004-06-18 TSMITH - Laserfiche WebLink

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that, and we cant force them to do something that theyre unable todo,except along the lines of the conditions. I havent spoken with Mr. Clever since his application came forward. I have spoken with his planning consultants. And I think Mr. Clever, given the real estate market, would be quite wise to move forward withhisproject at this time. Theres a real need for it. Anyhow, as I was thinking about the comments of the Commissioners, as well as the public today, I just was reminded that whatever it is that you folks are called to do, whatever there is that Im called to do as another, one of the public servants, it has to meet a public purpose, and certainly not give further problems for the people that are already residents here. Now, with respect to Condition No. B -. And, by the way, Mr. Chairman, Ive had a chancetoreviewtheBackgroundReport,theapplicationandtheRecommendationsof the Director, I forget to mention that; and Ithank the staff for providing this to me in advance. With respect to the proposed condition, Im speaking in this case to the rezone, not the State Land Use Boundary Amendment. REZ 04-008, Condition B proposes that the Applicants, this is a standard condition on State Land Use Ag lands. And I just want to be sure that Mr. Yuen, all these folks will have, if they build a home theyll have to sign that agreement, right, for a farm dwelling? Is that correct in this case? No, because its going to Rural? YUEN:No, yeah, because theres no farm dwelling requirement in Rural. TYLER:Okay, so, really, Condition B, then, is not applicable since itll be changed from a State Land Use Ag to a Rural? YUEN:Well, theres still limitations on uses in the Rural District, so it still applies; but it doesnt apply to the farm dwelling. TYLER:But it doesnt, is there a limitation through HRS 205? YUEN:Theres some limitations in HRS 205 to the Rural District, yes. TYLER:Okay, good. All right. As for the Hualalai Vistas being gated, they originally proposed this, but I told them I would not support any gated subdivision; and so thats why the roads are public. And I think they finally saw that that was a good thing to do. Mr. Chairman and members of the Commission, Condition No. D is an old condition. This condition is not the current condition that you have been using; and I would draw your attention to the Kabumoto rezoning which is contained in your Background Report and which Condition No. E has the correct language. I would urge you to amend this to use the correct language to include condominium property regimes. 27