2005-08-26 REZ 05-002 State DLNR

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for development should this rezoning application be approved. There was a motion to deny the application and that motion did not pass. The vote was 4 to 3. The applicant requested that this particular application be continued for further discussion by the Planning Commission. Since that time we were in discussion with the applicant as to whether they would agree to delete some of the uses that are allowed within the MCX zoned district to which they had agreed. As a result we had, we are recommending that Condition D, I believe, be amended. Or a new Condition D be included and the remaining conditions be alphabetized. And Condition D, the new Condition D will state that, and Ill read that, and these are uses that were suggested for deletion by both Commissioners Siracusa and Iwashita. Condition D reads as agreed to by the applicant, the following numbered uses under Chapter 25, Zoning Code, Article 5, Division 13 (MCX Industrial-Commercial Mixed Districts) Section 25-5-132, shall not be permitted on the property: 1) Agricultural products processing, minor; 4) Automobile sales and rentals; 5) Automobile service stations; 7) Broadcasting station; 9) Car washing; 11) Cemeteries and mausoleums; 14) Commercial parking lots and garages; 23) Laboratories, medical and research; 24) Manufacturing,processingandpackagingestablishments,light;34)Repairestablishments, minor; 41) Self-storage facilities; 42) Telecommunication antennas; 47) Warehousing and 48) Wholesaling and distribution operations. We also received a letter from the Applicants representative, which was circulated to you this morning, indicating that they have received the proposed Condition D and have no objections to the imposition of that particular condition. And this is the correspondence from Brian Nishimura on behalf of the Applicant dated August 24, 2005. With that again the Planning Director is recommending approval of this request with conditions and with the amended Condition D. Are there any questions? GALDONES:Commissioners any questions of Norman? Seeing none will the applicant or his representative please come forward? Good morning Mr. Nishimura. Please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? NISHIMURA:I do. GALDONES:Mr. Nishimura if you could speak into the mike, please state your name and your residence address. NISHIMURA:Brian T. Nishimura. 1174 Awiki Place, Hilo, Hawaii. GALDONES:Mr. Nishimura you have the background report and the recommendations do you have any other comments to them? NISHIMURA:No I dont. As Norman indicated the Applicant has reviewed the proposed changes and the amended condition and will be able to comply with those conditions. GALDONES:Commissioners are there any questions of Mr. Nishimura? Commissioner Graham? EXHIBIT A 2