2009-08-28 TKOHALA - Laserfiche WebLink

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acres slated for conservation and purchased by the 2% Funds along this coast. It is the, as I understand, the Kohala community would like the coast preserved completely. And this is a great buffer really to protect fishing in this area. The 2% moneys and matching funds are being sought by the County right now as we speak to acquire Kaiholena and also Paoo. So please consider that when you are considering any development on this coast. I would recommend a covenant condition and restriction along with your agreement to zone any of this property with building envelopes and grading limitations on these properties. Thank you. WATANABE: Okay, wait. I have to take, we may have some questions from the Commissioners, so let me at least address that. Do we have any questions? None? Okay, thank you for your testimony. Sir, you are wanting to provide testimony, is that correct? FRANKEL: Yes, please. WATANABE: Okay. Well, may I swear you in then? FRANKEL: Sure. WATANABE: Do you swear or affirm to tell the truth now before the Planning Commission? FRANKEL: Sure. Yes, I do. WATANABE: Name and address, please. FRANKEL: My name is David Frankel. My address is P. O. Box 1185, Volcano 96785. IÓm an attorney here representing other clients on another matter youÓll be talking about later on. But I also represent MaikaÓi Kamakani ÒO Kohala, which was fairly involved in this matter along with KkoÒo in the rezoning effort. And I just want to point out a couple of things that we talked about earlier. It is my understanding that the SMA Permit for this project is no longer valid; that they do not currently have an SMA Permit. If thatÓs the case, they have, there is no vested rights issue, there is no vested rights issue at all. The Ninth Circuit Court of Appeals upheld the, when the Honolulu City Council rezoned QueenÓs Beach area from Resort to Preservation, that rezoning was not a taking. The U.S. Supreme Court in the Lucas decision, Justice Scalia said the value of a property can produce 95 percent and it still would not constitute a taking, if the property ownerÓs rights are not yet vested. I also want to point out the norm now for setbacks is really 1,000 feet, not 40 feet; if you look at the Kona CDP for example, 1,000-foot setback is whatÓs talked about. So itÓs really discouraging to hear the Commissioners sort of jockeying for accepting a three-acre density project when the debate before was, well, between five acres and 15 acres. And now, and thatÓs where the negotiation was. That was discussion between five and 15 acres. And now you are talking about whittling down to three Î thatÓs kind of discouraging. Thank you. WATANABE: Well, IÓm not going to debate that with you. I sat through all those, and at our discussions it was not between five and 15; the 15 came up at the County Council -. FRANKEL: ThatÓs correct, thatÓs correct. And you -. EXHIBIT B 12