2008-07-10 TKONACDP - Laserfiche WebLink

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MELROSE: Right. WATANABE: Whereas when it becomes a law and a mandate then inevitably I think you will wind up with potential reductions in density that could be considered a taking. You see what I’m saying? That said though I’m wondering if you could even just insert a word like “strive” to maintain because I don’t see how you could maintain it when it isn’t there. You’re talking about undeveloped land but a lot of them, I mean, the wall is right where the ocean is. Yes. PISICCHIO: My own feeling is the addition of word like “strive” for is what the intent of the policy is. So I personally wouldn’t have any objection to an addition of a word like that cause it makes it more clearer that it isn’t a regulatory policy. WATANABE: Mr. Yuen. YUEN: If I could just elaborate on this a little bit and talk about what this does and what it doesn’t do. It does not, it applies to discretionary land use approvals. So it does not apply to things like a building permit for a house under somebody’s existing zoning. That’s the first thing to recognize. It applies to things like rezonings and SMA Permits that come to a board or come to the County Council; and so there’s a request for an additional level of land use entitlement being made by the property owner. If they simply want to, if they want to get a building permit that does not require anything beyond that, this clause does not apply at all. So I think that’s one thing that’s important to recognize, that this does come into play when somebody is seeking a discretionary land use approval from, which means that, you know, land use approval that can be approved or turned down in the first place. And so this is meant as a direction for the body like the County Council or the Planning Commission that is going to make that kind of a decision. The second thing is that, to be aware of is the practical effect of a 1000 feet versus 1500 feet. In North Kona there are only three properties that exceed, three private lots that exceed, 1000 feet in depth. They’re actually Makalawena, Ooma and Queen Liliukalani Trust. All three of them are about a mile deep actually under current -. So it’s not the situation where 1000 feet leaves us a little sliver. In South Kona there are quite a few more properties that are somewhere more than 1000 feet deep. There are only a very few that are between say 1000 and 2000 feet deep. I think the only large area is the Kamehameha Schools property between Palemano Point and Honaunau. But that property is already in a State Land Use Conservation District and it’s Open in the County General Plan. So you’re talking about property that already has a considerable level of control, a considerable level of land use controls. So what this is saying is that, really is that in a situation like Ooma, Ooma comes in, the General Plan already has a significant setback on Ooma so they’re already applying to be back about 1000 feet. But say a property in South Kona came in for an SMA major permit to do some kind of development that when you look at that development you would be, the instruction from the CDP would be to keep that well back from the water’s edge, 1000 feet back, is the direction from the CDP. It’s still something that has to be voted on by the Planning Commission, but it does not mean that if you, for example, the SMA line in South Kona is typically in many places is only 500 feet deep. So you come in EXHIBIT C 8