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The other thing is like the staff accurately pointed out, too, is that if the parcel is not consolidated
<br />with the parent parcel, then a freestanding parking lot is not a permitted use in the CN zone. But,
<br />if it is part of the parent parcel, then it becomes all part and parcel, you know, really of the
<br />primary use. And, that's the reason why there is a need or a mandate for having the parcel
<br />consolidated with the parent parcel.
<br />KANUHA: So, in other words, it's physically impossible to develop that parcel as a parking lot
<br />with access only from the medical center and not from Punahele.
<br />FUKE: No, I thinkI think the language would allow that. I think it says that like the Punahele,
<br />you know, Surgical Center property cannot have a direct access to Punahele Street. So, if you
<br />seal off Punahele Street, then everything goes back again, you know, up to the parent parcel.
<br />KANUHA: Okay, then, you know, just another question. This, again, is related to the contract
<br />zoning issue, yeah? So, if some point in time because the whole complex is zoned for
<br />commercial, okay, so if some point in time, if someone were to come in and make an offer to
<br />purchase the entire facility for multi -family shopping center, etc., does the zoning or the
<br />conditions of the zoning restrict those kinds of uses?
<br />FUKE: You mean, if someone buys the Punahele Surgical Center property and also which
<br />would mean like this property as well, and they want to change that into a KTA, for example?
<br />Yes, it would be possible. Under the terms of the condition, however, like what we're proposing
<br />is that if that happens, then prior to the Planning Director issuing Plan Approval, there has to be a
<br />public review process vis-a-vis the Planning Commission to decide on what kind of conditions
<br />that could be imposed, you know, vis-a-vis the Plan Approval process, whether it's going to be
<br />added setback, landscaping, and all that stuff
<br />KANUHA: Yeah, I think the difficulty with that particular condition is that the Planning
<br />Commission is only advisory to the Council. The Council is the one that actually initiates the
<br />zoning, okay? And, once the zoning is through, then the oversight for the approval, conditions of
<br />approval for permitted uses falls back to the Department rather than the Commission. So, I have
<br />some difficulty in the Council actually creating legislation that gives additional review oversight
<br />to the Commission when, you know, they're not in the, that process to begin with, yeah?
<br />FUKE: The whole idea was to enable some public forum, you know, for the neighbors or
<br />somebody, you know, like if there's going to be any change in use, but, again, my feeling is that
<br />any change of use, especially because of this consolidation requirement, is going to be very
<br />difficult, you know, to achieve unless for example, as you pointed out, that if somebody else
<br />buys the Punahele property and this property and says like, no I'm not going to do this but I'm
<br />going to a KTA or whatever like, you know, but I think that scenario is very unlikely but, you
<br />know, in the scale of probability whether very low, but it still, you know, it is possible.
<br />So, the idea behind coming with that condition was, you know, for my own brainchild was just
<br />trying to see, well, whether there was any way for the public to kind of weigh in on it because
<br />everybody's weighing in only a parking lot and some guys are concerned about well, you know,
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<br />EXHIBIT C
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