2004-10-01 TKONA HALE - Laserfiche WebLink

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feels that the State does not have the authority to ask for that condition to be put in, at least when the project doesnt go through the Land Use Commission. I decided to stop recommending it, given that the Council is clearly not inclined to put it on the application. I do think there is a, theres a legal, there is a definite legal issue with whether were authorized to put, whether we are, in fact, authorized to put that on. I wouldnt say that its illegal, but theres a legitimate question about it. The other thing to note with respect to this project is that its only 12 additional units, actually, over the existing zoning. So, in a way, its not a 50 or more. But its my intent not to be, Im going to stop putting this on as a recommendation with these 50 or more rezonings. Theres an overlying philosophical problem or issue. Certain things to me are legitimate impact fees. But, to me, the building schools is something that comes out of the general tax revenue, it is not really a developer impact. If youre building a major newsubdivisionoramajornewareainanareawheretherearenoschools,Icansee requiring the developer to set aside a school site for it. But I dont know -. To me, the building schools is different than the impact fee for roads or parks and is something that really should come out of the general tax revenue, but Ive -. This is a, you need sharp eyes to pick this up that they made this. I think this is the first one that has come through that doesnt involve more than 50 on a rezoning when we havent put it on; but we are not going to be putting it on as a recommendation in the future. SPRINGER:Commissioners? Commissioner Graham, question for the Applicant or the Director? GRAHAM:Yeah, I got a question for Mr. Fuke. Im concerned about, you know, ground water and impact on the ocean and all, and, so, consequently, the sewage disposal. And I see in the Recommendations, somewhere in the text I was reading in the Recommendations it says the Applicant intends to connect the sewage treatment plant, sewage treatment system. But, generally, on ones weve had before they will say, shall connect. Is there any problem with shall connect here? FUKE:No. We would have no objection with the mandate as such because it was always the developers intention to have it, have this project connect to the Countys wastewater system. GRAHAM:Thank you. SPRINGER:Other Commissioners, questions for the Applicants representative? FUKE:Just one comment. If the Commission is receptive to a proposed amendment, you know, this relates to Commissioner Grahams issue about the gate, the appropriate place as I would think would probably be like proposed Condition E. You can just kind of begin by saying, a non-gated access to Hualalai Road. 10