|
Condition No. E is mandating that access shall be through Hualalai Vistas Subdivision.
<br />However, Condition F says that if that mandate cant happen, then theres another option.
<br />Im concerned about that and, because shall means shall. And, in any case, there are
<br />some problems with this proposed condition in my mind . Because it says in there about
<br />midway through on the first page of it that The subdivision road shall be dedicated to the
<br />County upon request. Well, I would think that what should happen is that it should be
<br />dedicated to the County within two years of approval of the zoning, or something of that
<br />kind. I dont want to leave it up to Public Works. I think it needs, there needs to be some
<br />connection, some nexus, thats the word Im looking for, nexus, that says, if we grant you
<br />this rezoning, this road is going to be built, its going to built in this time. And if you
<br />dont build it, you dont have your rezoning; and, you know, your condition hasnt been
<br />met and, therefore, -. It says in Condition No. A, The Applicant and its successors or its
<br />assigns shall be responsible for complying with all the stated conditions of approval. So
<br />you cant do some of them, youve got to do all of them.
<br />Now, with respect to this, there was a, and they have this dedicated. This road through
<br />Mr.SmithspropertybuilttoCountydedicablestandardsneedstobededicated.Yet,I
<br />find in a letter from Mr. Fuke that they cant really do that until the rezoning takes places.
<br />It says, The road lot cannot be created now as it would result in having lots that would
<br />be less than a minimum area called for by the present Ag-3a zoning. So they cant break
<br />this out until after the zoning. Is that right, Mr. Yuen, because of the current zoning,
<br />which is 3 acres, and theres only 4.1-something, 4 point something?
<br />YUEN:If it were, if its a County dedicated road, they could, because the
<br />Subdivision Code does not apply to the creation of road lots and, so, the remnant, for the
<br />remnant parcels resulting from the creation of a road. But as far as your prior request on
<br />putting a time limit on Mr. Smith building the connector road, this -. Again, if Hualalai
<br />Vistas does not develop a subdivision, then theres no point in Mr. Smith building a
<br />connector road to nowhere. If Hualalai Vistas develops a subdivision, either they or, and
<br />they want to get finaled, then they have to build out to Church of God Road and connect.
<br />If Mr. Smith is building at the same time and he, or earlier, then he has to do it. But in
<br />either case, the timeframe is dependent, on the roads getting built is dependent upon the
<br />development of Hualalai Vistas.
<br />TYLER:Mr. Clever has to build a road over Mr. Smiths property?
<br />YUEN:Were requiring that, yes. Thats a condition of the rezoning, that
<br />they build a road out to Church of God and we had the power -.
<br />TYLER:Right, over the southern part of his property but he doesnt own
<br />Mr. Smiths property.
<br />YUEN:No. Well, thats why were requiring Mr. Smith to donate a right-
<br />of-way for that road so that we can have a road built in a better location.
<br />28
<br />
<br />
|