2005-07-01 TKNIGHT - Laserfiche WebLink

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YUEN:No, that should apply only to the five-year (sic) radius part; and what this means is that -. Theres a maximum of five years. But if, say, somebody took a site in Pahoa, rezoned it to village commercial and was leasing out areas for people to have smallbusinesses, we would expect the applicant to relocate to that site, but we wouldnt expect it to happen the day that the leases became available. You know, we would work with the applicant that they would have a reasonable time period in which to accomplish the relocation; but there is a five- year limit as it stands. So the reasonable time doesnt apply to that five-years, it just applies to the scenario where theres an available site. IWASHITA:Okay. Cause that, yeah, I guess the way its written now it seems to me that some argument could be made that after the five-year period expired then he still has another additional amount of time. But youre saying that this last sentence really just applies to the second condition, that is if commercial/industrial zoned land becomes available then he has a reasonable amount of time after that availability to relocate to that area. Is that right? YUEN:Yes. We could amend the second sentence to say the applicant shall have areasonabletimeperiodtoeffecttherelocationifcommerciallyindustrialzonedlandsbecome available within the five-year period. IWASHITA:Okay, that would clarify that. Thatd be great. YUEN:Yes, thats fine. SPRINGER:Thank you. Commissioners, any further discussion? Commissioner Siracusa. SIRACUSA:I was just wondering how, what Director Yuen was saying would play out with Condition 15, which deals with extension of time for the performance of conditions, seeing that one of the conditions is, of course, the relocation. YUEN:Well, 15 as it is worded is okay. Its consistent. It just means that we cant extend that five-year time period. That has to go back to the Commission. SPRINGER:Thank you. Commissioners? Further discussion? Seeing none, is anyone prepared to make a motion? Commissioner Watanabe. WATANABE:Okay. In the matter of Special Permit Application (SPP 05-010), I move that we grant approval, oh, -. Okay, maybe Im not ready. SPRINGER:We see the elders helping the youngers. Mahalo, Commissioner Iwashita. WATANABE: Okay, I move that the application for Special Permit (SPP 05-010) be approved based on the Planning Directors recommendation and proposed conditions, inclusive of the revised wording to the last sentence in Item 2. SPRINGER:Thank you. IWASHITA:Second. 12EXHIBIT B