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LEITHEAD TODD: I have a number of concerns over the proposed language. Part of the <br />concern is that it only, it uses just active parks as the standard for measuring whether you have <br />adequate park facilities. So as an example in Hilo you have your Bayfront Park where you have <br />all your canoe facilities there; but that’s not considered an active park because it doesn’t have <br />any ballfields on it. So it would not be considered in your computation of five acres. Similarly, <br />in Hilo you have Onekahakaha Beach Park, Richardson, Four Miles, none of those would be <br />computed as part of that five acres because none of them have developed recreational facilities <br />like a gymnasium or a ballfield; and so I had an objection to that. Because somebody might <br />come in, like let’s say you had Kohanaiki who was coming in and proposing a development, and <br />in exchange for that development they were going to give you 700-acres next to the ocean as an <br />ocean park but there are no ballfields, there are no soccer fields, there’s no gymnasium -. And so <br />under this standard you could not approve that proposal because you weren’t getting an active <br />five-acre park out of it. <br />It also impacts small rezonings because in areas of in-fill or somebody who wants to -. Let’s say <br />you’ve got a 20,000-square foot lot and you want to rezone it to create two 10,000-square foot <br />lots but you didn’t have these five acres of active park close by, you couldn’t do that. And so the <br />only people I felt who could really comply with this in an area where there were inadequate <br />parks under this five-acre of active would be somebody who had a very large piece of land who <br />could then set aside some of it for a park.So somebody like a Palamanui who can come in and <br />say, okay, I’m going to give you 20 acres for a park. And so I had some problems with how that <br />was adjusted. <br />The other thing is that there are so many things here that are beyond the control of property <br />owners. And I felt that, you know, the real issue is that if the Council or the Planning <br />Commission is unhappy with the proposed rezoning you can put conditions, you can require fair <br />share, and if, it might be much better to try and collect people’s contribution towards <br />construction of facilities from the smaller parcels than to just do a flat out no on it. <br />But my principal objection in the parks area was the fact that you could not consider the beach <br />parks or passive parks of somebody who wanted to give you some place that was just going to be <br />forest and it was just going to be trails. That would not count as the five-acre park space. <br />WOODWARD: Any discussion? It seems to me that this, like I say, this is being revisited. <br />The County Council threw this at us last year. And what it essentially would do, my <br />understanding is it would prohibit rezoning County-wide until the County met its own <br />requirements as far as infrastructure. And so anybody that was trying to put together anything <br />would have to essentially contribute more than their fair share to bring that part of the County up <br />to its own imposed conditions. And I think that’s absolutely unfair. So this is the same thing we <br />saw before. And I assume that’s your interpretation also, Madam Director? <br />LEITHEAD TODD: Yes. <br />WOODWARD: Okay. <br />2 <br /> EXHIBIT D <br /> <br />