2017-12-07 Hearing Transcript - HICDC SLU 17-050

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Hopefully, that clears that up a little. CLARKSON: No, excuse me, now I'm confused. So, in the past, there was an exemption to County zoning. Has this project already received Building Permits? I saw construction equipment on site in the photographs. NISHIMURA: Not for Phase 3. What you saw was on-going construction on the Hilo Adult Day Care Center, and but I, you know, I believe that the confusion is that this 15 -acre property that HICDC received through a lease from the County of Hawaii, went through a pre-emption process in 2010, which included a request for a boundary amendment from Agriculture to Urban. And, at that time, the County's position was that was permitted through the 201H process, and we were granted approval. Subsequently, there was a, I guess interpretation by the State Land Use Commission that the 201H process could not be used for boundary amendments, State Land Use Boundary Amendments, and the Planning Department and the County notified HICDC and requested that we go through this process that we're going through right now. So, you know, HICDC fully complied with the requirements that were asked of them back in 2010 and subsequently through the development process of Phase 1, Phase 2, and the Hilo Adult Day [Care] Center Project. As we approach Phase 3, we were asked to use another process to submit this application before we can go through with developing Phase 3. And, commenting on Jeff s comments regarding the following, the requirements of different County agencies, prior to getting a Building Permit and Plan Approval, HICDC will be required to pay the water facilities charges, put in the water system improvements. Before they can get water, they will be required to comply with the sewer division's requirements. They've already completed the updated sewer study that was requested and found to be, the capacity is available, and so they will proceed with doing all of the agency requirements before they can get a Building Permit. CLARKSON: I just want to clarify that my confusion had to do with the fact that there were agency comments related to the project itself, such as the Water Department's facility fee and that sort of thing, and yet those wouldn't even seem to be necessary for a boundary amendment. So, that's where my confusion came from. Some of the comments appeared to apply to the project itself as it will be constructed rather than just moving the land use boundary. MIYASATO: I have one more. HENKEL: Go ahead, Myles. MIYASATO: You know, this is a great service, and I'm in favor of the project itself, but, you know, just that Land Use Commission glitch or whatever you want to call it, you know, I have this letter from you, Brian, that you will, it's recommended that you follow up with the State Land Use Boundary Amendment, yeah? So, do you folks intend to follow up? The LUC? EXHIBIT A 5