2020-01-08 Exh B Hearing Transcript - RTA Kilauea Lodge REZ 19-239

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AU: So, I'm sure you've received this from staff? Well, do you have any comments about it? KERN: No, we've talked with the Applicant's representative about it, and we're good with that. AU: Okay, well, I have a concern. You know, a 5 -foot widening future road, a 5 -foot strip, that would take it like into the grassy area. Wouldn't it be more feasible just to go all the way to the stonewall? And, can we put that—what would your comments be on that? KERN: My comments would be where are they going to do on the other side of it? On the other property to the right and left of it and down the street when it's done? KAY: If I may point out Commissioner Au, these are samples from different or previous rezones so, the language isn't necessarily going to stay the same. In fact, in the comment letter from Public Works, there was no requirement for any additional future road widening strip which we often get comment indicating that they want additional land area. So, these are just kind of for discussion purposes. I'm sorry, we went front and back and it seems like in this case, maybe that first sentence is appropriate to strike out or delete and stick with, "The applicant, successors or assigns shall provide their pro -rata share for the construction of full improvements to the entire property frontage along Old Volcano Road consisting of, but not limited to, pavement widening with concrete curb, gutter, sidewalk, drainage improvements, any required utility location and the cost of the road widening strip" or maybe take that out, too, if that's not a requirement, "meeting with the approval of the Department of Public Works." And, then this is kind of the timing element is this next sentence. "This pro -rata share for roadway improvements specified in this condition shall be determined by the Department of Public Works and shall become due and payable to the County of Hawaii within six months from the date that formal notice is served upon the applicant, its successors, or assigns by the DPW regarding a program for the installation of curb, gutter, and sidewalk improvements along the frontage of Old Volcano Road in proximity of the subject property. So, what this is essentially saying as I read it, is this would be part of a larger program to hit the entire kind of commercial area along Old Volcano Road, and that's when it would become payable and based on an amount that is dictated at that time. CLARKSON: I think you've got the entire language except that I would suggest "in proximity to the subject property" is kind of vague; that we should specific that it should be "the frontage between" and what are the two roads that form a large a block there? KAY: Wright Road and Haunani Road? Yeah, so CLARKSON: When there's a project to improve the entire frontage between Wright and Haunani, that then they should come up with the pro -rata share. KAY: Okay. EXHIBIT B 14