2008-09-04 TNORTH KOHALA CDP - Laserfiche WebLink

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HAYASHI: Commissioner Ogata? OGATA: Aye. HAYASHI: And Chair Woodward? WOODWARD: Aye. HAYASHI: Motion carries. WOODWARD: All right. Now anybody have any questions for any of the people who have testified? Commissioner Bowman? BOWMAN: So I’d like to discuss another amendment, not amendment, clarification that the testifier submitted. And that’s “Following are 3 alternates of draft wording proposed to be finalized and adopted within the NKCDP as Section 3.3 KEY POLICY:.” LUCE: Excuse me, Commissioner. I resubmitted this testimony to the Commission as an example for questioning whether public comments were part of the public file, which they don’t appear to be. And I submitted this as an example. While I’d love to see a policy that recognizes land values and property rights I didn’t want to take your time with that today. The second thing I, you know, there’s another arena for that. The second thing I asked for was related to the public access long range list that I believe the Planning Department staff will be using in evaluating subdivision applications. It doesn’t have a proper map, it doesn’t identify where these trails are. You can’t find the trails listed on a map. And I don’t know how you can approve a list if you don’t know what you’re approving. And I think there are impacts to the real estate world in selling a property when these things have to be disclosed; and you don’t know when to disclose, when to not. And I just think it creates all, it will create all kinds of legal problems for the County government and for the real estate industry. And I ask that it be removed as it’s just a long-term plan that should be adopted. However, you know, it’s a “should,” it’s not a “shall.” However, the Director indicated that it will be used as criteria in conditioning subdivision approvals. That concerned me. You might ask Mr. Yuen to comment on that. YUEN: Well, I would recommend against making this change. This is something that came out of the plan as passed by the Steering Committee. It is a list of desired accesses and it is a direction to the Planning Department that in reviewing applications that come into the future the community would like to see public accesses in these areas. The landowner has the opportunity to contest that when applications come in. It doesn’t expand the powers of the Department in obtaining public access and other kinds of land use approvals. It merely gives a sentiment of what the community wants in terms of getting these in the future. So I have, you know, and I had some concerns about EXHIBIT C 12