2016-10-06 Hearing Transcript - Robert & Carol Oshiro REZ 16-208

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HENKEL: Okay, does any of the Commissioners have any questions for the Applicant? MIYASATO: Chair, I have a question. HENKEL: Yes. MIYASATO: Mr. Nishimura, have you had a chance or your client had a chance to review all the conditions, and are they all acceptable? NISHIMURA: Yes, they have. There is a concern about the roadway improvement requirements being required prior to issuance of certificate of occupancy because there are no other roadway widening or sidewalk improvements along that section of Kilauea Avenue. And, in fact, quite recently, the County Council allowed another applicant on the mauka side of Kilauea Avenue in the same block to defer those kinds of improvements until the County went in with a road widening project for the entire section of Kilauea Avenue so that the improvements could be done all at one time, and could be more efficiently managed. So, that's a concern, but you know, we understand Public Works' position, and they won't change their position regarding the recommendation that was made. So, you know, we'll see what happens with that. HENKEL: So, let me understand. Public Works doesn't have any opposition to the plan as it is, but they might have a long-range plan to improve that whole area of Kilauea Avenue? NISHIMURA: I'm not sure what their long-range plan is, but within the past year, like I said, the County Council allowed another property owner on Kilauea Avenue, who had a curb, gutter, sidewalk and road widening improvement condition on their rezoning, to defer those improvements, and in lieu of that to agree to pay their fair share of the cost of—the pro rata share of doing the improvements with the County of Hawaii. And, if—if that's possible, that's the option that my client would prefer to participate in. However, they realize that, you know, that may not be possible and so if required to do so, they are ready to make the improvements. HENKEL: Thank you. I think, I think we need to ask Corp. Counsel if—is it possible for us to add that condition that if, if it does happen in the future that the Applicant would pay a fair share. Is that appropriate, necessary? STEBBINS: I'm going to defer to the Planning Department. KAY: Thank you. Just to give you an idea, we were aware of the other condition language that the Council put in for the property across the street more toward the middle. When we make our conditions, we base them off of a number of things. Primarily, in this case, the commentary that we got from Public Works requiring curb, gutter, sidewalk improvements. 4 EXHIBIT C