2008-11-24 TKOHALA LLC - Laserfiche WebLink

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Permit is accompanied by a change of zone or downzoning to match the density that has been agreed upon by the Planning Commission. IWASHITA: Thank you. Thank you, Mr. Chair. WATANABE: Okay. Any further questions? I do have one, Mr. Lim. You mentioned, I believe it was Rule 9-11, that it’s within our authority to defer action on this? It’s my understanding from our Corporation Counsel that actually both parties need to agree and, as you heard in earlier testimony, the Director is not willing to concede to a deferral at this point. Could you point out for us maybe what section of Rule 9-11, which would specifically allow or provide the authority for this Commission to defer action? LIM: I think that the Commission’s Rules and the Robert’s Rules of Order would support the decision by the Commission or the majority of the Commission to do the deferral, to approve a deferral, although your Rule 9-11.F.3 states that if the Authority fails to render a decision by a majority vote of its total membership at the next meeting, the application shall be considered as denied, and that the Planning Director has withdrawn his consent to further defer this. I think that his consent is irrelevant; this is the Planning Commission’s Rules, this is a Planning Commission’s call on a deferral. As a practical matter, you’ve already deferred thnd it one time from the April 18 meeting to the May 22 till today. WATANABE: I have another question – follow-up, sort of, to what I asked Mr. Yuen with regard to the SMA agreeing with the zoning issue, and I’d like to hear your opinion on that. In other words, if it were deferred or a time extension granted for the SMA, what do you feel are the ramifications subsequent to a final decision on the actual zoning? LIM: I’m not sure I understand the -. WATANABE: In other words, let’s assume that – maybe I’m assuming too much – let’s assume that you are not able to retain the RS-15 zoning, which would mean that it would likely change to something else, probably some Ag; the Director had recommended Ag-5, the Council had proposed Ag-15, you have suggested possibly Ag-1 or 2 or whatever, you know, you feel the Planning Commission might be willing to agree in an SMA on the downsizing, kind of issue. What do you think are the ramifications, if we just -? Well, I guess, it seems to me like we can’t defer; we have to decide one way or the other, so -. LIM: I actually disagree, but -. WATANABE: So if we can’t defer because the Planning Director would not concede to a deferral, what do you feel are the legal ramifications, if we granted a time extension based on the existing SMA? Do you see what I’m getting at? Or are we then opening the door with the existing SMA, saying that you have up to 50 units now, everything is off the table again? LIM: Yeah, I think if you were to vote to grant the time extension to Kohala LLC, we would still have the impediment of having the Change of Zone that needs to be extended on the same time frame. So we wouldn’t be able to move forward, but then we EXHIBIT A 7