2007-06-05 Planning Commission Minutes

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Commissioner Siracusa questioned why the applicant was not submitting a new application since Condition C to complete construction 3 years from the date of issuance of final plan approval, which was January 17, 1995, was not complied with by the previous owner. In response, Mr. Yuen said this was a time when the Department would re-evaluate whether the zoning was appropriate; and given the trends in the neighborhood of commercial zonings in the immediate area and existing conditions, they felt the continuation of the existing zoning was appropriate. He noted the Commission could recommend the time extension be denied and the property be reverted to residential or some other zoning. For Commissioner Woodward’s information, Mr. Darrow clarified that the affordable housing condition only becomes a consideration if the residential housing is built. The applicant, Ramona Sakamoto, stated the conditions proposed by the Planning Director will be complied with. Commissioner Siracusa said she found it rather strange that the applicants never thought to inquire of the previous owner about any conditions or liens on the property before purchasing it, noting they could have cancelled the sale since the information was not disclosed to them. Ms. Sakamoto stated unfortunately no information was disclosed to them about complying with the conditions by their realtor or the seller’s realtor until after the purchase was made, to which Mr. Woodward noted that disclosure of information was the realtors’ responsibility and not her problem. There was no one wishing to testify on this application. Commissioner Watanabe noted there were quite a number of existing commercial establishments in the area and said he sees that the area is changing, noting the General Plan encompasses this area as high density. Mr. Yuen said part of the reason for the favorable recommendation is that the area is High Density Urban on the 1971 General Plan map. It was moved by Commissioner Watanabe and seconded by Commissioner Woodward to send a favorable recommendation to the Hawaii County Council as recommended by the Planning Director with proposed conditions. Commissioner Siracusa stated she will vote against the motion, noting immediately surrounding this parcel are three RS-10 zoned parcels. Commissioner Watanabe commented that none of the single family residents surrounding this particular property have objected to the request; and he said he thought it was generally accepted that the general nature of this area is going to change. Commissioner Watanabe added that he did not see this as an issue since this area has been designated high density urban on the 1971 General Plan map, and he felt from 1971 till present is sufficient time for the public to seek any amendments. A roll call vote was taken and motion carried with five ayes (Watanabe, Woodward, Alameda, Ogata and Graham) and one no (Siracusa). REZ 07-000065 The Commission took this item up at 9:27 a.m. with CYNTHIA approximately 12 people from the public in attendance. KUULEI THOMAS WAIAKEA, SOUTH HILO 2