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the staff or the Department in coming forth with a provision that would exclude certain <br />uses that the, otherwise are generally allowed in the zone change. <br />And, again, from a substantive standpoint, you know, the Applica <br />either one of those two. But, for the record, I wanted to get some clarification. <br />Aside from that, the staffÓs Background Report and the responses to the questions raised <br />by various Commissioners, IÓll be happy to answer them, or be more than happy to <br />respond to other questions that the Commissioners may have. <br />GALDONES:Thank you, Mr. Fuke. Norman, would you like to respond <br />Mr. FukeÓs concern regarding Condition D and Condition E. YouÓll yield to the Chair, <br />the Director? <br />HAYASHI:Yes. <br />GALDONES:Okay. Mr. Yuen? <br />YUEN:First, on the limitation, the remaining 8 acres, we got a letter from <br />the State Land Use Commission Executive Director who talked about the concern they <br />had about the project being segmented. This is a concern that theyÓve expressed in a <br />number of cases. And the reason for their concern is that the law says that you can take <br />up to 15 acres on the County level, and take it from Agriculture to Urban. You cannot <br />take, if you go beyond 15 acres, you canÓt go, you must go to th <br />Commission. So their concern is that when you have a parcel that is say 20 or 30 acres <br />and somebody comes in with an application to take only 15 acres of that into the Urban <br />District without, on the County level without going to the Land Use Commission, that <br />leaves open the possibility that they will come in next year, couple of years later, for the <br />remaining 8 acres, 10 acres, 15 acres. This would be an end-run around the State Land <br />Use law. <br />ItÓs not something, itÓs something that has been seen before, letÓs put it that way. So itÓs <br />actually a rather mild way of meeting with this concern. We want to put in a clause that <br />says that you canÓt reclassify the remaining portion of the property for five years to avoid <br />this idea of segmenting the property, and going 15 acres now and for the remainder at a <br />later time. <br />I should mention that, in looking over the material today, we really should have made, <br />this is Condition D of the rezoning. We really should have made this in, it should have <br />been, the condition should have been put in the State Land Use Boundary ordinance <br />Òcause it really relates to that more than the rezoning. And it should be reworded slightly; <br />and since weÓre talking about it, I think this is a good time to put in the, say the <br />rewording. It now starts out saying, ÐThe applicant shall include a restrictive covenant in <br />the deed which states that,Ñ and take out up to Ðstates,Ñ and then Ðstates that,Ñ the <br />sentence should begin with, ÐThe approximately 8-acre portion of the property in the <br />State Land Use Agricultural District shall not be reclassified in the Urban District for <br />5 <br /> <br />