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becomes more prudent to have the Applicant in conjunction with the actual occupancy of the <br />building, you know, put in their respective, do their respective share of improvements way up <br />front. You know, at that time, and not kind of like defer it at some point in time. So, if you look <br />at, as Director Kanuha accurately pointed out, if you look at the House Lots area, particularly on <br />Manono Street, you know, there was a generally commitment or understanding, you know, based <br />on the General Plan that the whole area will be eventually commercialized, and so there were <br />conditions imposed on all of the respective developers in that area that you put in curb, gutter, <br />sidewalks. As you can see, on Manono Street and even portions of like where Big Island <br />Candies is for example, and even on Kanoelehua not Kanoelehua but Kekuanao`a Street where <br />the new Urgent Center is gonna be, you can see curb, gutter, sidewalks coming up over there. <br />And that that, the curb, gutter, sidewalks section was imposed and made as a condition of the <br />zone change and part and parcel of the occupancy of the building. <br />And, so the theory behind that approach was that if there is a clear understanding that there's <br />gonna be commercial activity, you know, in that whole area even though the zoning is currently <br />residential, that at some point in time, it will be commercial, and so over a course of time, you <br />will have curb, gutters, and sidewalks, you know, in that whole area unlike the Pahoa Village <br />area, is kind of questionable. <br />I think the Director accurately pointed out, and as you look at the General Plan map, there is <br />some question as far as whether there should be further commercialization on the mauka side of <br />Kilauea. On the mauka side of Kilauea, the staff pointed out on the General Plan Land Use Map, <br />it's Low Density Residential, and so while you do have like one or two commercial zoning in <br />that area, there is still an issue relative to the General Plan as far as a continued pattern of <br />commercialization—commercial zoning rather, you know, on the mauka side, and so perhaps <br />that's the reason why the Council came up with that type of alternative versus a clear standard of <br />putting a curb, gutter, and sidewalk. <br />Having said that, the Applicant, you know, is, was prepared to accept the, you know, the <br />condition as proposed by the Director. However, in the light of consistency, it would be more <br />prudent to go along with what the Commission had just recommended for the other application. <br />HENKEL: Thank you. Are there any questions of the Applicant? Thank you, Mr. Fuke. And, I <br />have no one signed up for public testimony, so I'll look for a motion to close public testimony. <br />MIYASATO: I make a motion to close public testimony. <br />CLARKSON: Second. <br />HENKEL: It's been moved and seconded to close public testimony. All in favor say, "aye." <br />COMMISSIONERS: Aye. <br />4 <br />EXHIBIT D <br />