2008-11-24 TKOHALA LLC - Laserfiche WebLink

Home

WATANABE: We could do that. But I think he did state that he would love to have an opportunity to revise the Findings of Fact, Conclusions of Law that were filed, which then both parties would file and comment on each other, so -. Is that correct, Mr. Lim? Did I interpret your response correctly? LIM: Yes, I’m going to be reserving all of our rights under Rule 4 of the Planning Commission and Chapter 91 with respect to the contested case hearing on the SMA. WATANABE: Okay. In my limited legal knowledge that means we are in limbo again procedurally, because technically we had Corporation Counsel say you have to decide at this meeting one way or another, or it’s denied. On the other hand, we have Mr. Lim saying that I’m not going to agree to any continuance, and I’d like the opportunity, and I object to the informal contested case hearing methodology that’s currently taking place. And then we have the Director saying I’m not going to agree to a deferral, which means according to Corporation Counsel we can’t defer. Now, borrowing comments from others, let me add my two cents into this, if we might. We’ve been through this for quite a while now. I agree that the current RS-15 zoning is much too dense to develop within this. And so I think a change of zone is appropriate, whether that change of zone is Ag-5 or RA-5 or something else – I’m not certain. It seems to me if we can’t defer and if we have to take action one way or another, granting the time extension on Agenda Item 2 for Kohala LLC would seem appropriate to preserve their rights; however, there is no guarantee that the courts will decide that RS-15 is inappropriate. So my question for Corporation Counsel is, if we were to grant the time extension, which would in theory preserve their rights, but the courts decide that RS-15 is fine, then what happens? Does that mean the applicant can go and build 50 homes there, which I think everyone on the Commission agrees is too great a density? TORIGOE: Basically you are asking if the Commission goes ahead and grants the request for extension of time on the SMA Permit, and then the courts basically say that RS-15 is okay, then what happens. Basically, I mean, that’s a very general way of stating it, but I think generally speaking, obviously if you’ve given a go-ahead on an SMA Permit and the courts basically okay a zoning that allows for what you’ve permitted in the SMA Permit, then they can go to the extent of whatever the SMA Permit allows. But if they want to go beyond that, then they’ve got to come back and get the SMA Permit changed. WATANABE: That’s right. That’s what I was trying to clear up, and that’s the quandary for me anyway because, as I stated earlier, I really believe that the density has to be reduced. And this is why in our previous meetings I have really been reaching for both parties to come to some type of compromise, so that we wouldn’t have this limbo situation. Even if it didn’t mean that the zoning would comply with the actual SMA Permit, you know, the zoning could be changed subsequent to the SMA density being worked out. But we’ve never been able to achieve that. So that’s why I’m stuck. Well, do you care to respond to that, Mr. Torigoe? TORIGOE: Well, it sounds like what Mr. Lim is asking for is basically, well, he’s asking for a deferral, so he can work on something that the Commission might be able to support. And then if he gets that, then he hopes to go to the Council and get the zoning adjusted to be able to go ahead with that. EXHIBIT A 11