2007-07-06 Planning Commission Minutes

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Alameda), one no (Siracusa) and three absent and excused (Graham, Watanabe and Iwashita). REZ 06-000038The Commission took this item up at 9:28 a.m. with GUY NAKAO 9 people from the public in attendance. PONAHAWAI, SOUTH HILO APPLICANT: GUY NAKAO (REZ 06-000038) Continued hearing on the Change of Zone application from an Agricultural1-acre (A-1a) to a Neighborhood Commercial 20,000 square feet (CN-20) district for approximately 1.02 acres of land. Theproperty is located on the south side of Ponahawai Street approximately 1,000 feet east of the Komohana Street - Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii, Tax Map Key: 2-3-37: 9. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended approval of the application with conditions. In response to Commissioner Siracusas inquiry, Mr. Yuen said because of an agreement between the applicant and Malulani, which has not been executed as yet, and also because of the original subdivision approval, the Planning Department is recommending a condition that requires Malulani to grant an access easement to the Nakao property, clarifying that Mr. Nakao would not be able to develop the property if this easement is notobtained. Theapplicantsrepresentatives,SidFuke,SandyNakaoandStanRhoerig,werein attendance. Mr. Fuke said the staffs report is comprehensive and addressed all of the issues. He circulated and explained a copy of the file plan or subdivision approval plan that created the subject parcel and required the access easement to the subdivided parcels, noting what complicated the matter is that during recordation process this easement was never made part and parcel of Lots 1 and 2 by the developer. He added that the applicant is currently working with the owner of the easement, who also owns the property that is the subject of the next application, to resolve the easement question. Mr. Fuke at this time requested Condition C be amended to read a general condition that the applicant would have to comply with the requirements of the DWS prior to the issuance of occupancy permit, rather than specifically mandating certain requirements since what may be pertinent today may not be tomorrow or when the project comes on line. He noted the various other rezonings in the area such as the Matsuno Enterprises, Matsuura Nursery, etc. which had a general condition imposed. Mr. Fuke then requested proposed Condition G be amended to include the words as may be required by the Traffic Division, to make it clear that they would not be required to 3