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PATEL: So, generally speaking, and it goes back to the concerns that Mr. Fuke raised as far as
<br />what the neighboring property owners were also raising is that zoning runs with the land.
<br />Whatever is permitted in that zoning, you're generally gonna be able to put that property to those
<br />uses. So, to, I guess in answering your question, your primary avenue for controlling what
<br />happens would be through mitigative measures, and I think that's what Mr. Fuke is getting at
<br />with his proposed conditions.
<br />FUKE: If I can just kind of add just one more paragraph to that, Mr. Counsel, and that is like
<br />what we're also proposing is that the property be consolidated with the parent parcel. So, if it
<br />gets consolidated, it's going to be very, very difficult to, you know, and I think it's going to be
<br />like, you know, maybe a century maybe from now, before like the medical center complex will
<br />probably find a different use, and only when you have a different use in that complex than
<br />conceivably you could have a different use to this particular area `cause there is a mandate that
<br />this, as proposed over here, that this lot be consolidated with the parent parcel.
<br />So, it would be hard to have, I would think, you know as a practical matter, hard to have like the
<br />surgery center, you know, find a different use other than like medically related for that particular
<br />area `cause it's going to be part and parcel of the same family parcel.
<br />HENKEL: Mr. Fuke, you mentioned earlier an MOA that the adjoining property owners didn't
<br />sign. Did that reflect these recommendations that you've just submitted to us?
<br />FUKE: Yes, with the exception of the provision about having like this revolving escrow fund of
<br />$5,000 to assist with the enforcement `cause that would amount to more like a private contract
<br />and like a conversant that would be, kind of like, should be separate and apart from the
<br />conditions. The Applicant had made it known to me that he, they would still be in a position to
<br />execute this memorandum of understanding, and if that memorandum of understanding is
<br />executed, than the $5,000 revolving escrow fund kicks in, in terms of the enforcement, but all
<br />other mitigative measures are generally reflected in the proposed conditions.
<br />HENKEL: Thank you.
<br />KANUHA: Mr. Chairman, I had a question or two. Mr. Fuke, given what you just mentioned
<br />about a proposal to have this property consolidated with the rest of the project, can you explain
<br />to the Commission why if that's the case, it's not possible to have access to this property come
<br />from the actual medical center itself?
<br />FUKE: First of all, like when a medical center, you know which is the first page I passed out
<br />you know when this zoning was done—there was a requirement, there was a condition that
<br />stipulated that, that project shall not have any access, direct access, to Punahele Street, so the
<br />only way that can happen is that there has to be an amendment to that basic ordinance which
<br />means, you know, the public hearing process, Commission, and Council, Council approval.
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<br />EXHIBIT C
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