2008-11-06 TBARSELL - Laserfiche WebLink

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ALAMEDA: Just real quick. Just as you all think about how to word it, you know, my family we do vacation in the Kapoho area and we have the code and, you know, every summer we try to make it out there to a vacation spot for just a family get together. And my kids do, I remember this area and we do kind of like navigate the area and, you know, apparently now we’re trespassing so -. But we’re allowed that vacation spot, we pay money for it. It’s big bucks but it’s worth it. It’s close to the ocean and we just waunder, you know. And that’s a real healthy experience for my family to see the natural beauty and resources and it’s an opportunity for me to educate them about it. And we do see turtles there, and there’s no other place where we can go to see turtles -- so, you know, as you craft this language -- I mean, there are lot of other areas, but that’s our area, yeah. So as you craft the language, I just would like to see some of that activity continue somehow. WOODWARD: All right, if I hear no objections, I think we’ll recess for lunch and then we’ll take this up as soon as we get back at 1:45. RECESSED The Chair recessed this meeting at this time, 12:08 p.m. RECONVENED The meeting reconvened at 1:45 p.m. WOODWARD: Will the Planning Commission meeting please come back to order. As we left before lunch Director Yuen was going to consult with the applicant to see about a revision of the language of one of the conditions regarding public access. You’re on. YUEN: Yes, I think we do have an agreement on this. And I have it, it’s partially handwritten, and so let me read it slowly. And then we do have a written, we can put it, we have enough writing to put it together, but I’ll read it for the Commission. This would replace No. 12 in its entirety and it would say “If a pedestrian or vehicular public access from the Kapoho- Kalapana Road to the applicant’s property is obtained via agreement, recognition or determination of legal right, within six months the applicant shall submit a public access plan providing for a 10-foot wide pedestrian right-of-way from a public access point to a point on the shoreline on the applicant’s property which may, at the applicant’s option, be on the southern end of the applicant’s property, and in that case shall be a direct access subject to adjustment for physical obstacles. The access shall be for non-commercial recreational pedestrian use and limited to daylight hours. The applicant may post signs indicating hours and terms of use and may prohibit entry into the fish pond and along the pond walls.” Then it would say, “This public access condition shall be deemed to satisfy the public access requirements of Chapter 34, Hawaii County Code, as to any future subdivision or multiple family dwellings consisting of six or fewer lots or six or fewer dwelling units on the property, including existing dwelling units.” And then “This access condition will supercede any previous SMA permit access condition to the property. This access condition is without prejudice to any party, including the County of Hawaii, as to any future determination that there is a public road or access leading up to the applicant’s property.” DOMINGO: Very good. DARROW: Thank you. Could you repeat that. I’m just kidding. Sorry about that. EXHIBIT B 19