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appropriate to keep it in that zoning even though conditions have expired. Now, again, the
<br />option available is to put possibly an expiration date on the conditions of the ordinance, and they
<br />would come back to the Commission and Council with a new request for conditions, but the
<br />ordinance, the zoning would actually stay in place. So that is an option, or an idea, that can be
<br />considered.
<br />
<br />In regards to costs to surrounding property owners or to other projects in the area for delay of
<br />project, that’s a, that’s a real difficult area to actually grasp and be able to identify, you know,
<br />this. It seems like there is a little confusion in regards to impact fees, fair share fees, Department
<br />of Education impact fees. What happens is when – there are certain developments that don’t
<br />have these fees, commercial developments is a good example, but if they were to develop
<br />residential units in those developments, those fair share requirements and possibly DOE impact
<br />fees may kick in. DOE is separate from us. When we have a large residential development, we
<br />send comments and they will send their comments back letting us know the developer needs to
<br />work with them on paying DOE impact fees. Our ordinances usually have what’s called a fair
<br />share fee; it’s not an impact ordinance. That is still something that the Council, the
<br />Commissions, the Mayor need to consider in the future as implementing, and that would be an
<br />overall impact fee that could be something that may not be associated with an ordinance or a
<br />development; it may be something associated with a building permit or with another type of
<br />action. Currently, in the ordinances they have a fair share fee and those cover cost relative to
<br />regional impact, such as fire, police, parks, solid waste, those types of facility charges. Those are
<br />normally placed on a developer when they are proposing residential type units. So if you have a
<br />developer that’s proposing 100 units, there will be a trigger when they have to pay those impact
<br />fees. Normally, it’s prior to Final Subdivision or prior to Plan Approval. They cannot, we
<br />normally will not accept the impact fees early; they have to, it’s when they are ready to final
<br />subdivision or final their Plan Approval. So it’s going to be a considerable time down the line.
<br />So if they delay, those costs only increase because every year the Honolulu Consumer Price
<br />Index raises those costs. And again, when you see a time extension come back before the
<br />Commission and it includes a fair share, you’ll always see that we change those figures to be
<br />updated to current costs, and the applicant is required to pay these higher costs.
<br />
<br />In regards to the Kona Community Development Plan and its requirements within it, as
<br />mentioned earlier, when we have an amendment request or time extension come in, we look at
<br />the changes that have occurred to the General Plan, as well as the Community Development
<br />Plan, and we will place conditions on there, if there’s requirements that need to be added, we will
<br />look for consistency, those types of things in our review. We also request comments from what
<br />we call the Design Center in Kona; they are the ones that are reviewing the Kona CDP and
<br />provide comments to us whether or not this project is an infill project, whether it’s in a TOD or
<br />whatever the situation may be.
<br />
<br />There was a comment made about existing zoning that – that’s true, in the late 60’s when zoning
<br />was enacted, basically a map was created that identified the zonings in the particular areas, those
<br />zonings do not have conditions connected with them. So you will see areas around the island
<br />where you have commercial properties, or whatever it may be, without conditions connected to
<br />the particular zoning. Maija is bringing to my attention that a good example is Ali‘i Drive, the
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