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2008-11-24 TKOHALA LLC
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2008-11-24 TKOHALA LLC
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So that’s why we are asking for a deferral. We think that it doesn’t hurt either side. We think <br />that the Commission has inherent ability to continue this one more time on a deferral, and that <br />Rule 9-11 allows you to do that. So we ask for your consideration in deferring this matter until <br />such time as we can come back in with a new development proposal and convince you, you <br />know, where you can say yes or no; but basically we want to come back in without having a <br />threat of the litigation, because that is the difficult part for us. Once we have the threat of <br />litigation, you know, the developers would just, the applicant in this case, would just freeze; why <br />would you go and spend a lot of money trying to, you know, do your project proposal when you <br />have a threat of litigation? So that is our request. And we think that the Commission has a legal <br />power to do that. You’ve done it before. And because of the pending downzoning that the <br />Director may be filing before he leaves, it’s another reason to defer things. Thank you. <br />WATANABE: Thank you, Mr. Lim. Do we have any questions of Mr. Lim? Seeing <br />none, I do have -. Oh, Mr. Iwashita? <br />IWASHITA: Thank you, Mr. Chair. I guess my concern is that from the planning <br />perspective in my view the density for this property is inappropriate in the big picture, especially <br />dealing with environmental concerns and all of those. And so what concerns me about your <br />comments this morning is that you’ve indicated that any proposal that the owner is going to <br />consider is basically looking at maintaining the existing zoning on the property. Did I mishear <br />that? <br />LIM: It’s kind of half and half. We want to maintain the existing zoning and the <br />existing SMA Permit. But, like SMA Permit 379, we want to come in for an amendment to the <br />Permit for something less in density, something that the Commission can accept, and that <br />acknowledges the public access – and there’re a lot of archaeological sites on the property – so <br />yes, we would like to come in. And this is not unusual; it’s very similar to what happened in the <br />– if you look at the map there, the property one, two, we move from us to the, I guess it’s the <br />south towards the Kawaihae side, you’ll see, I think that’s probably a brown color – that’s a <br />multi-family zoning and that’s the Kohala Waterfront property, which was developed under <br />multi-family zoning but they developed 1-acre lots generally in that property. And so we would <br />like the same opportunity without loosing our legal rights to come in with a downsized proposal <br />that the Planning Commission can accept for development of this property. <br />IWASHITA: Well, I guess my concern would be that, from again the planning <br />perspective and my view, that the zoning ought to match the nature of the development and not -. <br />Because if you don’t change it to reflect whatever this new proposal you are talking about, then <br />what it does is it allows the zoning that in my view is inappropriate at the present time to remain <br />in place, and that can be used later for further development of the property. So my concern is as <br />far as your request and what I’d like to get clarified is whether or not any proposed downsizing <br />of the development would include, you know, a downzoning essentially. <br />LIM: I haven’t asked my client specifically on that issue, but that has been done <br />in the past by the Planning Commission and the County Council; we would consider that. <br />Essentially what we would be doing is, you know, the way it’s happened before is the SMA <br />EXHIBIT A <br />6 <br /> <br />
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