2003-09-22 tpuna - Laserfiche WebLink

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HAYASHI:Basically, itÓs going to be split into three parcels. ThereÓll be two Industrial lots and the remaining Agricultural-5 acre zoned land, if itÓs granted. GRAHAM:Thank you. GALDONES:Commissioners, any further questions of Norman? Hearing none, if the Applicant or his representative is present, please come forward? Go ahead, Mr. Fuke. Raise your right hand. Now, do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? FUKE:Yes, I do. GALDONES:Please state your name and your resident address and you may begin your testimony. FUKE:Thank you. Good morning, Mr. Chair and members of the Planning Commission. My name is Sidney Fuke. IÓm a planning consultant. My address is 1358-C Mele Manu St. in Hilo. With me today is also the applicant, Mr. Jere Henderson, representing Puna Sugar Mill, LLC. Mr. Henderson has had a chance to review the staffÓs Background Report and the proposed Recommendations. Generally, the, well, we appreciate the favorable recommendation and the background report is accurate. The conditions are generally acceptable. However, weÓd like to just kind of note for the record that there appears to be two conditions that might be somewhat unorthodox. I guess, maybe, this might be a question both of the Director and your counsel. But, again, you know, these conditions do not really have any material impact to the applicantÓs project because he wants to do exactly what is represented in the application. Nonetheless, if I could kind of, for the record, note that there was a Condition D which calls for including within the deed covenant a provision that there be no reclassification within five years, you know, of the remaining 7- or 8-acre parcel. Again, just for the record, the applicant has no objections to that but I just kind of wanted to just hear from your staff, your legal or your Planning Director, so far as the appropriateness of that condition. Largely because itÓs more a question of, the applicant doesnÓt want to have the zoning that might, you know, might at some point in time have provisions that may be deemed legal or, excuse me not legal, but illegal. So we just kind of wanted to make certain that it does not invalidate the applicantÓs requested zo And the other one was, of course, like Condition E which talks about like no home improvement centers. And, again, from a technical standpoint, t objection because he does not have any intention of having the potential tenants or the buyers to put in a home improvement center in that area. But it guess, I guess of whether the, this is going to be Ðlike a standard practiceÑ on the part of 4