2007-07-20 TSamson - Laserfiche WebLink

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recommended that a future road widening strip along the Hualalai Road project frontage as determined by the Department of Public Works shall be subdivided and dedicated to the County within two years from the effective date of this amendment. This particular condition was recommended by the representative from the Department of Public Works, although they wanted a shorter period of time in which the future road widening setback had to be subdivided and dedicated. And also Condition E, we made changes to the last sentence, and this would be the amended condition, “The applicant shall construct and dedicate to the County upon request by the Department of Public Works the additional improved street right-of-way at no cost to the County prior to a receipt of a certificate of occupancy.” And, finally, the new Condition M or revised Condition N regarding fair share contribution reflects new figures based on the revised consumer price index. So there are slight changes to the amounts for each of the categories, as well as the total amount contribution per unit. Are there any questions? WATANABE:Fellow Commissioners, any questions for the staff? Mr. Graham? GRAHAM:Norman, what we’re really doing is recommending. But if these were not granted what position is the applicant left in as far as his project or what he can do with the land? HAYASHI:Well, yours would be a recommendation to the County Council, so if the Commission recommends not to approve these revisions or amendments to conditions, then that will still go up to the County Council. GRAHAM:Right. But my question is if we recommend the County Council not approve them, and if the County Council were to follow our recommendation, what would be the status of the applicant at that point? YUEN:The project is then in a limbo situation because the rezoning ordinance is no longer valid. If the County Council were to reject the time extension, that would mean that they don’t think that the property should stay in the current zoning. And if they didn’t give an indication of what they wanted to happen, then I would ask them, the Council, for some direction as to what they wanted the property rezoned to. So the effect of not extending the time under the current rezoning, the only reason not to do that is you don’t like the zoning as it stands. It has to be zoned something. So if the Council doesn’t think it should be zoned RM, for example, or CV, they should give some direction. If they think it should be zoned Single Family Residential, they don’t want to extend the time to allow an apartment or a project to be done, or a commercial project to be done because they think it should be Single Family Residential, then that should be part of their decision. And then I would initiate a rezoning at that point to whatever the direction was from the Council. WATANABE:Follow-up? GRAHAM:Yeah. Chris, kind of what I’m thinking is generally when we have time extension to rezoning ordinances, we pretty much go along with them in our recommendations. And my personal feeling has always been if at some prior period of time either the Planning Commission or the Council looked at the situation and decided this was the appropriate zoning or appropriate whatever, then if the situation remains sort of the same, even if I kind of disagreed with them, I feel like the other guys made the decision, I ought to honor their decision. So I feel it’s appropriate for me to extend it, and not try to question even though I personally may not EXHIBIT B 3