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HomeMy WebLinkAbout2021-12-16 Leeward Exh E (Item 8 WHBP AMEND REZ) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT DECEMBER 16, 2021 A regularly advertised hearing on the application of WEST HAWAII BUSINESS PARK LLC (AMEND REZ 1049) was called to order at 1:05 p.m. via live stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Clement"CJ" Kanuha III, Mahina Paishon-Duarte, and Faith"Faye" Yates ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Christian Kay (Planner), Maija Jackson (Planning Program Manager), Jessica Andrews (Planner), Tracie-Lee Camero (Planner), Eric Cook (Planner), and Noriko Sauer(Commission Secretary) APPLICANT: WEST HAWAII BUSINESS PARK LLC (AMEND REZ 1049) Application to amend Condition J(Kamanu Street construction timing) of Ordinance No. 18-115 to delete language related to alternative financing for and phasing of the construction of Kamanu Street extension and adding reference to new conditions (Condition N and Condition O) as exceptions to the requirement to complete construction of Kamanu Street prior to Certificate of Occupancy. The applicant further requests to amend Ordinance No. 18-115 to add new Condition N (roadway /driveway requirements related to the development of TMK 7-4-008:078) and new Condition O (ownership transfer and development of TMK 7-4-008:090). The subject properties are located along the east(mauka) side of Queen Ka`ahumanu Highway (State Highway 19), Honok6hau I" and 2nd, North Kona, Hawaii, TMKs (3) 7-4-008:013, 030, 074, 076-78 inclusive, 084, 085 and 090-100. Secretary's Note: "- - -" indicates indiscernible words due to disrupted Internet connection, background noise, or simultaneous talk. VITOUSEK: Okay we've got Item No. 8, Applicant is West Hawaii Business Park, LLC request to amend Rezone 1049. Application to amend Condition J(Kamanu Street construction timing) of Ordinance No.18-115 to delete language related to alternative financing for and phasing of the construction of Kamanu Street extension and adding reference to new conditions (Condition N and Condition O) as exceptions to the requirement to complete construction of Kamanu Street prior to Certificate of Occupancy. The applicant further requests to amend Ordinance No. 18-115 to add new Condition N (roadway/driveway requirements relating to the development of TMK: 7-4-008:078) and a new Condition O (ownership transfer and development of TMK: 7-4-008:090). Subject properties are located along the east(mauka) side of Queen Ka`ahumanu Highway (State Highway 19), Honok6hau 1 and 2, Ahupua`a, North Kona, Hawaii, TMK: (3) 7-4-008:parcels 013, 030, 074, 076 through 078, 084, 085, and 090 1 EXHIBIT E through 100. Staff presentation will be Christian Kay, who I see has changed his name from Kris Kringle. KAY: It doesn't mean that I don't want to share my gifts with you, I think, Barbara is raising her hand Mr. Chair. VITOUSEK: Commissioner DeFranco? DEFRANCO: Mike, I just need to disclose that I manage a business that is on in the Kaloko Light Industrial that is located on the said road and Maiau Street. So, the Kamanu Road and Maiau Street. I don't think this will interfere with my ability to make decisions. I just wanted you to know that. VITOUSEK: Mahalo, does anybody on the Commission have any objections to Commissioner DeFranco's continued presence? No, seeing none we will proceed with the staff presentation. Mahalo. KAY: Yes, thank you, Mr. Chair. Thank you for your patience and time this morning members of the Leeward Planning Commission. If you give me a moment, I'll share my screen. All right, can everybody see that? VITOUSEK: Yes. KAY: Okay, great. Okay, as the Chair said, this is a series of amendments to rezone Ordinance No. 18 115. The subject project area is situated in the North Kona District of Hawaii Island more specifically in the Kaloko, Honokohau area. For reference we've got Queen Ka`ahumanu Highway running generally north south to the slide here on the left and the subject project area is outlined here in red between both the Kaloko Industrial area and Honokohau Industrial areas. Makai of the highway is the Honokohau National Historic Park for reference. The applicant is requesting the following condition changes. First is to amend Condition J (Kamanu Street construction timing) of Ordinance 18 115 to delete language related to alternative financing for and phasing of construction of the Kamanu Street extension. and adding reference to two (2)new conditions (Condition N and Condition O) as exceptions to the requirement to complete construction of Kamanu Street prior to Certificate of Occupancy as follows. First, is Condition J and it reads prior to the issuance of a Certificate of Occupancy of any structure within the project area, except as provided in Conditions K, L, M, N and O below, Kamanu Street extension shall be constructed and available for use across the entire project area. The applicant shall construct Kamanu Street extending from the north project boundary to the south project boundary except as provided in Condition N below, meeting with the approval of the Department of Public Works (DPW). The remainder of the condition is being requested to be deleted and I won't read it all through and actually for purposes of keeping it all in one slide I've consolidated. But essentially, this was language that allowed the applicant to develop Kamanu Street in phases, as well as to utilize alternative public financing such as a facilities improvement district to 2 EXHIBIT E develop the pardon me, to develop the roadway. Just again for reference this language here that I have on the screen is not the exact language the applicant asks to amend. There was some changes that were worked on and were identified in the recommendation. Just to clarify, for instance, instead of property boundary we change it to project boundary since the properties have been subsequently sub-divided. So that's just clarifying language there. Additionally, the applicant requests to amend the subject ordinance to add new Condition N (roadways/driveway requirements related to the development of TMK: 7-4-008:077) and new Condition O (ownership, transfer, and development of TMK: 7-4-008:090) as follows. Again, provided that there is no further subdivision of TMK: 7-4-008:077 or Parcel 77, prior to the issuance of a Certificate of Occupancy for any structure within Parcel 77, the Applicant shall construct the following roadway/access improvements; the Kamanu Street Extension from the existing pavement within TMK: 7-4-020:013 to the southern boundary of TMK: 7-4-008:078 to dedicable standards and internal access improvements with a minimum 20-foot pavement width meeting with the approval of the Department of Public Works, connecting the terminus of Kanalani Street at the northern boundary of Tax Map Key: 7-4-008:078 to the Kamanu Street right-of-way. Should Parcel 77 be further subdivided prior to issuance of a Certificate of Occupancy on any structure within the area, Kamanu Street Extension shall be constructed and available for use across the entire project area, as required by Condition J. Again, this wasn't the exact language that the applicant initially proposed. But based on consultation with the applicant, we wanted to determine what would happen should the single ownership and single development of Parcel 77 not take place, would there be a failsafe there, and so we landed on this language to further clarify what would happen if Parcel 77 is further subdivided. Finally, the last change that's being requested is upon transfer of ownership to the County of Hawaii, development and issuance of a Certificate of Occupancy within TMK: 7-4-008:090 "—" JACKSON: Christian, I lost you. I'm not sure if anyone else did. VITOUSEK: I did as well. I don't know if he was still talking because of his mask. JACKSON: I think he froze. VITOUSEK: Oh, yeah. DARROW: I'll go check on him. I'll be right back. JACKSON: Okay. I'll continue on with the presentation. Well, actually I can't because he's doing the presentation on his end. He's calling me now give me just a minute Chair. VITOUSEK: No problem. JACKSON: Oh, we're having some serious IT issues today in our department. We've had two computers now shut down and do software updates in the middle of the meeting, So, I'm going 3 EXHIBIT E to continue the presentation while Christian reboots. If you can just give me a moment to bring it up on my end. DARROW: He said he encountered an error and it just shut down on him. So, he'll be up shortly. JACKSON: Okay, can everybody see my presentation? Yes, great. Okay, so the final request was to add a Condition O this is for the Department of Environmental Management(DEM) property where there's a proposed sewer pump station. The applicant is going to be conveying that ownership of the property to the County, so this condition relates to that. It says upon transfer of ownership to the County of Hawaii, development and issuance of a Certificate of Occupancy within TMK: 7-4-008:090 shall not require any improvements pursuant to Condition J above. Condition J above is related to the Kamanu Street improvements. The applicant's reasons for request are as follows. In 2018, the County Council approved ordinance number, sorry about that, let me. Chair, is there any way we could get a break? I'm having a hard time running the presentation and letting people into the room at the same time. VITOUSEK: No problem. JACKSON: Thank you. VITOUSEK: We will take a five-minute break is that okay? JACKSON: That would be wonderful, thank you. Chairman Vitousek called a recess at 1:18 p.m. and called the meeting back to order at 1:22 P.M. VITOUSEK: Okay, we ready to come back? KAY: Yes, thank you Mr. Chair. Sorry about that as the Chair stated earlier, apparently technology is a grinch. So, I'll do my best to bring "- - -". So, the applicants stated — VITOUSEK: Okay, go ahead, sorry, Commissioner DeFranco hadn't come on yet. There she is. KAY: —Okay, great. So, welcome back. The applicant's reasons for the requests are as follows. In 2018 the County Council approved Ordinance No. 18 115 to exempt the development of a 48.4-acre initial development area of the West Hawaii Business Park (WHBP) from the requirement to construct the Kamanu Street Extension through the entire rezone area between the Kaloko and Honokohau industrial areas. So, since then, the applicant has secured Final Subdivision Approval of that initial development area, as well as entered into a road building contract for portions of access from Queen Ka`ahumanu Highway what was then called the North and South Access Roads and then an extension of Kanalani Street from its northern terminus pardon me, southern terminus in the Kaloko Industrial area all the way to the South Access Road. Concurrent with all of this going on the applicant has also entered into an 4 EXHIBIT E agreement with an interested parry for the acquisition of the entire 31.145-acre (Parcel 77)to establish a single use, under single ownership. Which will not require subdivision of that parcel as initially anticipated by the applicant. Thus, the applicant would like to provide access to the property via a 20-foot-wide internal road driveway meeting with the requirements of DPW from a portion of the Kamanu Street Extension that will be constructed down through Parcel 77 and connecting with the Kanalani Street Extension currently under construction. Additionally, the applicant is in the process of dedicating a 2.596-acre (Parcel 90)to the County Department of Environmental Management for the development of a regional sewer pump station. It is currently being considered at County Council for acceptance of that parcel. As both of those parcels are situated outside of that initial project area, no occupancy permits can be issued without triggering the required completion of the entire Kamanu Street Extension across the rezone area. Which would be cost prohibitive for these uses. Thus, in order to facilitate the development and occupancy of structures and uses on the properties the requested amendments are necessary. Finally, the applicant proposes to delete a section of Condition J that allows the development of Kamanu Street Extension in phases and provides for alternative funding options. For example, improvement districts or community facilities districts for its construction. The applicant has determined that these options are not viable for the development of Kamanu Street Extension and will instead utilize proceeds from the sale of properties within the West Hawaii Business Park to privately finance roadway construction. To that and the applicant is secured approved roadway plans, construction plans for Kamanu Street Extension and anything outside of the initial 48.4- acre development area and if approved these two parcels would still require the completion of the Kamanu Street Extension. So just to give you an idea visually of the areas we're talking about. Here in the violet color is that initial 48.4-acre project area and in the darker purple color here was the area under the 2018 amendment. The roadway improvements that would be required and that's the extension of Kanalani Street from its terminus here in the Kaloko Industrial area to the South Access Road or what is now known as Kimo Drive. Then completion of Kimo Drive, as well as Kaula`ili Street which is formerly known as the North Access Road from the highway up to the Kanalani Street Extension. Although not required by the current ordinance part of the applicant's construction contract is to extend Kanalani Street further beyond Kimo Drive to the northern property boundary of Parcel 78. So, the subject parcels that again are outside of this initial development area but are under consideration for these amendments are Parcel 77 here in green and that is again proposed to be developed by a single owner, for a single use and Parcel 90 here in maroon, which is intended to be dedicated to the County for the development of a regional sewer pump station. So, this next slide is just showing that Parcel 77 and what is being proposed under new Condition N and essentially what is being asked is to complete a section of Kamanu Street extension from its current pavement ends in the Honok6hau Industrial area all the way to the southern terminus of Parcel 78 and then have a 20-foot wide internal driveway connecting going through the Parcel 77 across Parcel 78 and connecting to where the Kanalani Street extension will end here on the left. In addition, this internal driveway will also service Parcel 90 again Parcel 90 is that sewer 5 EXHIBIT E pump station property. County zoning for the project area is a mix of Industrial as well as Industrial-Commercial Mixed Use. Again, the project area is outlined here in red, there are other Commercial-Industrial Mixed Use and General Industrial and Limited Industrial zonings in the area. Across the highway and consistent with the Kaloko-Honok6hau Historical Park is zoned Open. The State Land Use Boundary designation for the entire project area is Urban, it is also within the Kona Urban Area as designated by the Kona CDP. The General Plan Land Use Pattern Allocation Guide Map designates the majority of the property,pardon me, the project area as Industrial as indicated in this gray color and then the Open again is consistent with the Historic Park use and mauka of that are some urban expansions as indicated by the attached design here. Here, a couple of photographs of the project area. On the lower left we've got the entirety of the area outlined again in red with Queen Ka`ahumanu Highway generally running north south through the slide. And I've got a yellow indicator here showing the zoomed in area and again we've got labeled the subject parcels essentially again we've got the Parcel 77 here, Parcel 90 here and then Parcel 78 here. This road lot here is where the Kanalani Street extension will end. This is a road lot for the Kimo Drive extension and then this road lot here further mauka is the Kamanu Street road lot. Just got a few images of the roadway accesses off the highway. These are views of Kimo Street, previously known as the South Access Road intersection improvements. So, as you can see here, this is a fully signalized intersection and you can see that it's been improved, up to the point where now the applicant is starting to work on extending that up to the Kanalani Street extension and then on the right-hand side, you can see it looking makai again showing the existing facilities. This is the view of Kaula`ili Street or the North Access Road and these are intersection improvements that have been made. Again, on the left it's looking makai and this is a right in, right out intersection and on the right, it's looking mauka for reference. So, you can see sliver of Costco here, so when that Kanalani Street extension is complete people coming off the highway from here can access the Kaloko Industrial area. So, the Planning Director is recommending that we send a favorable recommendation to the County Council for these proposed amendments, as was mentioned in the application there were some clarifying amendments made and also other amendments to other conditions to bring condition language to our standard conditions. Now, we received five (5) letters of support, since you got your background and recommendation reports and one other thing I noticed in our draft conditions, and this is just a clerical thing. New conditions and the letter N and the letter O for new Condition O was not underlined as an added condition or as an addition to the conditions. So, I'd like to just make that change if I can. With that I'm happy to turn the time back over to pardon me, to the Chair and happy to answer questions at the appropriate time. VITOUSEK: Mahalo, Christian. At this point I'd like to invite the applicant to give your presentation. Would you please raise your right hand? Do you swear or affirm to tell the truth of the matter before the Planning Commission? MOORE: I do. 6 EXHIBIT E SMITH: I do. VITOUSEK: Mahalo. Please state your name and the town you live in. SMITH: Aloha Chair Vitousek. This is Riley Smith, I'm a resident of Kamuela, Hawai'i. MOORE: I'm Bill Moore, I'm a resident of Hilo. VITOUSEK: Right on, thank you and have you received the background and recommendation reports from the Planning Department? MOORE: Yes, we have. SMITH: Yes. VITOUSEK: Okay and do you agree with the Planning Director's recommendation? MOORE: Yes, we do, I just want to compliment the staff and the thoroughness. They actually picked up some mistakes that I had made in the application form. They definitely gave a very thorough review of this, so I really appreciate. SMITH: I concur. VITOUSEK: Right on. Well,please go ahead with your presentation. SMITH: Okay. Chair Vitousek, members of the Leeward Planning Commission, my name is Riley Smith. I'm the President— VITOUSEK: Commissioner Yates? YATES: "- - -" I can't hear him. VITOUSEK: Yeah, it is— YATES: I can't hear what he is saying. VITOUSEK: Okay, okay, thank you. It is a little bit low on our end the volume. MOORE: Is that better? VITOUSEK: Much better. MOORE: Okay, thank you. 7 EXHIBIT E SMITH: Aloha Chair Vitousek, members of the Leeward Planning Commission. My name is Riley Smith. I'm the President and Chief Executive Officer of Lanihau Properties. I represent the Greenwell family with these lands that we own. We trace our roots back to 1850. So, we've been in existence over 170 plus years, okay. We are submitting this application. I'd like to also introduce our Planning Consultant Bill Moore. I've been in this role at Lanihau Properties for about 9 years or so, but Bill has been involved in this project for the last 25 years. So, between the two of us we represent the landowner's interests and are proposing this amendment to the zoning so that we can move forward and establish this use in a fiscally responsible manner. So, I'll turn it over to Bill. MOORE: Yeah, again appreciate Chair Vitousek and Commissioners, again, I think the staff did a really good presentation. The only thing I really wanted to point out is that we are not abandoning the requirement to build Kamanu Street. Christian, if you don't mind pulling up Exhibit 5. KAY: Yeah,just give me a moment. Which one is that, please Mr. Moore? MOORE: That's the one showing the remaining development areas that still will trigger the development or requirement of Kamanu Street. KAY: Okay,just give me a moment. MOORE: Yeah, it's Exhibit 5, it was a revised exhibit we did and is part of the addendum, it's a corrected version. KAY: Thank you, I'll bring that up in a moment. VITOUSEK: Is there anything you can go ahead with in the meantime? MOORE: Yeah, I think the exhibit will show there's about 170 acres of the West Hawaii Business Park that would trigger the occupancy of which would trigger the balance of Kamanu Street being constructed. So, it is not, we're not trying to get out of a condition. We're just trying to make this one project area viable in terms of being able to move ahead. So, the area in purple that light purple is any development and there other than corral related uses would trigger the balance of Kamanu Street to be constructed. So, it's still the majority of the property, if you look at it. Also want to point out that the Kanalani Street improvements which is shown on there are under construction. The anticipated construction date is end of December actually sometime in— SMITH: Yeah, maybe I can just comment on that. So, we're currently under construction. Isemoto Contracting is our contractor. They started work in June, our scheduled completion date is December of 2022. They are ahead of schedule; we expect to finish the road by August of 2022 and dedicate the County for public use by October of 2022. MOORE: So, again just want to be clear that we're moving ahead, we're not trying to get out of anything, we're just trying to make things work in terms of a single user for Parcel 77. Okay 8 EXHIBIT E that's great Christian if you can get rid of the exhibit. Again, we've looked at the conditions and we're in agreement with them, we are fine to move ahead and answer any questions that you may have. VITOUSEK: Mahalo, Commissioners are there any questions for the applicant or for Christian? Commissioner Yates? YATES: I hope you can hear me. Earlier I was told it was kind of scratchy. Can you hear me, okay? MOORE: Yes, we're good. YATES: Okay, Mike I'm sorry. Commissioner Vitousek, Chairman. You know that burial cave that's on that area is not where all of this going on right? VITOUSEK: The burial cave, there are a few of them protected by a burial treatment plan and they wouldn't be allowed to impact the burials. YATES: "- - -" I was wondering because I know it was in that vicinity. Because I've been there, and I know it's there. So, I was wanting to make sure. MOORE: If I can Chair Vitousek. VITOUSEK: Yes. MOORE: I believe the burial cave you're talking about is situated mauka of this area, it is not within the project area. It's mauka of the quarry and outside of the project area. There are 2 burials within the preservation area that's Parcels 76 and 78. As we look at it looks like a gun if you look at the map. But that rectangular portion are 2 burials that have been identified. We've been through a burial treatment plan; the Burial Council has approved the mitigation work and all the interim mitigation measures have been done. So, there is a buffer fence around the property now. All of the requirements to allow construction has been complied with and been reviewed. Our archaeologists have been working with us, SHPD to make sure that we're in full compliance with all of the requirements. SMITH: Maybe if I can just add some additional information. So, when we went before State Historic Preservation Division (SHPD) and before the Hawaii Island Burial Council. The lineal descendants identified Isaac Harp, to be the cultural descendant on the property. So anytime any excavation occurs on West Hawaii Business Park, Isaac is hired by whoever is responsible for that excavation to make sure that all of the culturally sensitive areas are handled properly. If anything is discovered, then we have protocols in place to make sure that all construction work ceases immediately. JACKSON: Chair Vitousek, it looks like we lost Commissioner Yates, her signal dropped off. 9 EXHIBIT E VITOUSEK: Okay, well, we still got a quorum, so we can proceed, and she can jump back on when she's available. Any further questions Commissioners? VITOUSEK: My questions are regarding the connection of Kanalani Street that connects to the south to Parcel 77 and then there's a graphic that describes the road going mauka/makai on Parcel 77 as driveway access improvements. Are those open to the public, or is that private? Is that road going to be a connection or not? KAY: So, I can speak to that. As we understand that driveway will be open and available to the public during business hours. For that access outside of business hours, it will be closed. It will be a private driveway and if the applicant would like to expound on that. MOORE: That is absolutely correct. The intent is that it will be open to the public, which will provide an access to connection between Kanalani Street and Kamanu Street in the interim until Kamanu Street is built. So, it was always intended to be open to the public. VITOUSEK: Commissioner DeFranco? DEFRANCO: So that portion the 77 which is now a single ownership is that right? Okay, and what is that going to be? SMITH: So, we are in discussions with a single buyer of the property. I have a nondisclosure agreement and I'm not allowed to disclose who's that buyer is. They would like to handle the dissemination of that as this transaction moves forward. Just add a little bit more information, one of the reasons why we are looking to phase the construction of Kamanu Street is the proceeds from the sale and after we pay the taxes. There are insufficient funds to build all of Kamanu Street, but there are adequate funds to build a 450 feet of Kamanu Street to connect it to Honok6hau properties to the south and the connection of Honok6hau Street. That's, all I can comment at this time, thank you. DEFRANCO: Thank you I'm just hoping it's a hospital, I have no idea what you guys are doing. Thank you. VITOUSEK: Going back to the connectivity. So, the connectivity between Kamanu Street and Honok6hau Industrial area and Kanalani Street in the Kaloko Light Industrial area would be subject to the business hours of a business that can't be disclosed? SMITH: Our understanding is for their other operations within the State of Hawaii, they're normally open from six (6) in the morning till eight(8) or nine (9) at night. VITOUSEK: Yeah, okay. The Condition N. The wording on that Condition N. What happens if within Parcel 77, a Certificate of Occupancy for a single building is obtain and then the parcel is subdivided. 10 EXHIBIT E MOORE: The moment there is a subdivision of this parcel, we believe that the condition works at the Kamanu Street would have to be prior to final subdivision approval, the balance of Kamanu Street would have to be completed. I think that's how what we anticipated with that addendum to the condition. So— VITOUSEK: That language makes sense indicating prior to completion of final subdivision approval. As it's written now, it's a little bit confusing as to whether the construction of Kamanu Street is required prior to Certificate of Occupancy. Even if there's a subdivision, I think the way that condition is worded it's a little bit ambiguous towards the end there, and I think replacing that with prior to final subdivision approval would be appropriate. SMITH: We're fine with that. VITOUSEK: Okay. SMITH: Our intent is that any subdivision would trigger the construction of the entire road. VITOUSEK: Okay, any subdivision gotcha, that makes more sense to me for sure. KAY: Mr. Chair? If I may, sorry to interrupt. Are you looking to replace prior to issuance of Certificate of Occupancy with prior to issuance of final subdivision approval? VITOUSEK: Yes. KAY: Within the area? VITOUSEK: Of the second one, yeah. KAY: Okay. MOORE: Just one correction to that the portion that would be deleted, would be issuance of Certificate of Occupancy for any structure within the area, so it would read. Should Parcel 77 be further subdivided prior to final subdivision approval, Kamanu Street shall be constructed and available for use. VITOUSEK: Yep, that makes a lot more sense to me. KAY: Okay. VITOUSEK: Okay, anybody else have any questions on this? Commissioner DeFranco? DEFRANCO: Traffic flows through the whole area. Coming off of the highway and then being routed on the lower road there that would connect into the Kaloko Light. So, all of that traffic would just go down that road, right. Have you guys done any kind of traffic study to see what impact that has on like how it connects with Hinalani or what happens there? 11 EXHIBIT E MOORE: Yes, we have. When we did the amendments in 2018, that allowed the development for the 48-acre area. We had our traffic engineer review that and look at it and they found that those activities would not adversely impact and to be actually beneficial by providing a second access out of, a third access out. So, you do not have to make a left turn onto Hinalani coming out of the Kaloko Light. DEFRANCO: Yeah. MOORE: Those improvements benefit Kaloko Light more than it does the Business Park at this point. In the addendum to the application, we had our traffic engineer review this proposed amendment, and they found that these changes that were requesting will not change his recommendations and findings. So, in general, yes, we had it studied and, yes, our traffic engineer's findings are that there's really no adverse effect and the factors of beneficial effect. DEFRANCO: Thank you. VITOUSEK: My last question would be. So, the map indicates that Kamanu Street extension goes through the West Hawaii Concrete quarry, is that right? MOORE: No, it's below it. VITOUSEK: Oh, okay, it looked on the map like it was going through it. MOORE: There's grading work on the property that is materials been taken out, but those are building development pads within the MCX areas. So, Kamanu and is within the MCX area, not the Heavy Industrial area. SMITH: If Christian wants to pull up that Google earth photo. It's clear from that Google earth photo. VITOUSEK: So, right there, right there. Is that not part of the quarry? SMITH: No, that's part of White Pre-Cast former base yard, where they would form their boxes, their HELCO boxes and Hawaiian Tel boxes. MOORE: It's a quarry related use but not part of the quarry activity. VITOUSEK: Yeah, that's kind of what I was referring to. It looks like that would disturb a use of the existing quarry related uses; pre-cast is that— SMITH: No if you look sort of makai of that area. Christian if you can show the alignment of Kanalani Street. Yeah, right there and still the area that West Hawaii Concrete is actively excavating material is just mauka of Kanalani Street where the road is being built. That's pretty visible from Queen Ka`ahumanu Highway when you drive by. The mauka quarry area was excavated the last time was maybe 5 or 6 years ago, so there's no active excavation in the mauka area. 12 EXHIBIT E VITOUSEK: Okay. Thank you. Commissioners any other questions? Commissioner Paishon- Duarte? PAISHON-DUARTE: Yes, thank you. My question is a little bit more conceptual. My question is I haven't in reading the application, I haven't seen any analysis and where is going to be the economic contributions to the local economy through this development. MOORE: First of all, this is one of the very few heavy industrial zone areas, the quarry related areas other than the airport. So, from a private standpoint. Having an area where heavy industrial uses can be in a reasonable location in the community is critical. That's one of the reasons, if we do anything other than our quarry related uses, we trigger the need for Kamanu Street and there is demand for that and we understand that which is why we're trying to move ahead with Kamanu Street as soon as we can. In terms of the overall beneficial, it is providing an area I mean we're finding with the subdivision sale of the 48-acre area there's strong interest in demand for property in this area. So, looking at general is providing new activities,job base for people, so they don't have to go out, it's just facilities. Not arguing taxes and the like I mean it's just. But there are increase in real property taxes, this is not an area that is demanding services. You don't have schools; you don't have activities supporting the local community. So, this isn't driving employment, it is supporting people that are working there really that's going on, so we really see this as fitting into the broader activities of the community here. VITOUSEK: Commissioner Yates? YATES: Can you hear me, okay? MOORE: Yes. YATES: Okay, the question that I have, does the road that comes out on to Queen K. Does that intersect with the road that goes across to Kaloko, the National Park? Do they meet? MOORE: Yes, it does. Just some history about real brief history, the original alignment for that intersection was further to the north of where it is now. The National Park asked DOT to relocate that road, so they could avoid part of the trail and Lanihau agreed to relocate its entrance. So, it actually ended up costing more in terms of needing to build more road. But in order for that to align and so these agreements were done as part of the original widening of Queen Ka`ahumanu Highway. So back in the late 80's, these agreements were reached. But yes, the main entrance Kimo Drive coincides with the access to National Park. Long answer but to a simple yes. VITOUSEK: It's on mute. Commissioner Yates you're on mute. YATES: So, it will impact the traffic on Queen Ka`ahumanu, especially in the afternoon when people are coming home from work because, as it is you know just about how many miles from 13 EXHIBIT E there to the intersection in Kailua traffic is horrible. So, if you have that"- - -" going off because there's one just before that goes up to Kaloko "- - -" that goes up before this project. So, there will be some impact on traffic. MOORE: Yes, there's no question there's an impact on traffic; Again, we're falling within what's acceptable levels of service based on our traffic study. And again, it is a signalized intersection. It is again what we see this really as taking a lot of pressure off of Hinalani Street. So, instead of having to come out of Kaloko and making a left on Hinalani Street, making a left onto Hinalani and then making a left onto Queen Ka`ahumanu you can come to Kimo Drive. But it won't change the dynamics of this area, and we believe based on our traffic findings that it is a reasonable level of service. The system will still work very well. SMITH: Maybe if I can add. If you recall, in the last 15 years under the Kenoi administration, they were able to use the ARA funds and construct Ane Keohokalole Highway which took a lot of the traffic off of Queen Ka`ahumanu Highway. And then when Goodfellow Brothers had the DOT project and added those two lanes in each direction for Phase 2 that increase the capacity. So, the TIAR that was done for the project actually shows improvements in levels of service, because there are alternate means of circulation in a north, south directions that were not in place in 2004 when this land originally entitled. MOORE: And again, with the conditions of approval, if this is approved, there will be an added way to get to Kamanu Street through Kanalani Street through the driveway. So, it'll just start broadening out, spreading the traffic out over different alternative routes. YATES: The reason why I was asking that is because now once you have more traffic coming down Kimo Street the light would turn red more often along Queen Ka`ahumanu. So, that's the reason I was asking because now you have Hinalani stop light, then you go not too far from there, then you have Kimo there will have another stoplight and then not too far from there you have Honokahau. So, that's the reason for my question. So, I don't know how that's really going do, and I know about Keohokalole and all of that, but just a question. VITOUSEK: Are there any further questions from Commissioners? If not, can we have a motion? KANUHA: I have one question Mike. VITOUSEK: Fire away, yep. KANUHA: This Kanalani Street access obviously I applaud them if they're going to be done with work in August 2022. That will be great. Obviously with Parcel 77 is that driveway going to be put in inclusive of the purchase of that property with the new owners that's been in conversation. Is that going to be part of that Kanalani Street access that goes up to the top of Kamanu? Because I know like you said talking with traffic and whatnot that will alleviate going through Kealakehe Parkway. There's a lot of people that live in Hawaiian Homes, there's a lot of people that live in town and I know that will help a lot with alleviating traffic build up on Hinalani as well as Queen K. That's a question I ask. Is that part of the process? I'm just going 14 EXHIBIT E through it right now is that going to be part of the finalized August 2022 roadway completion that Drive there as well. MOORE: No, it is not. The conditions and the driveway is tied to the development occupancy— KANUHA: Yeah. MOORE: —Parcel 77. So, if this is approved and the sale goes through that driveway would be completed as part of the construction of the Parcel 77 and would be required to be in before occupancy there. So, it's not tied to the current Kanalani Street improvements. KANUHA: Okay, I just was trying to get, I was looking at both things and just seeing what was going on, obviously you guys have an interest party. So just trying to see if there are going to work towards building that up first as well but thank you guys. VITOUSEK: Could we in follow up on that question because that's something that could be included in the zoning ordinance that that driveway will be available for public use for connection between Kanalani and Kamanu Street? MOORE: If I can, we're open to agreeing to a change one more revision to Condition N And right above that sentence that we just amended. It talks about Kamanu Street. The internal access improvements with a minimum 20-foot pavement width meeting with approval of the Department of Public Works connecting the terminus of Kanalani Street of the northern end of TMK: 078 to the Kamanu Street right-of-way. And we're willing to add language, which says, which shall be open to the public during normal business hours. VITOUSEK: Terrific I think that's a good benefit to add. Thank you, Commissioner Kanuha. MOORE: We anticipated; we have the language we're more than agreeable to that. VITOUSEK: Okay terrific. At this point, we had a good fact finding. Someone would like to make a motion so that we can move on to discussion. Someone can make a motion to send a favorable recommendation with conditions make a motion to, is there something else? Go ahead Commission DeFranco. DEFRANCO: I make a favorable recommendation. I move that a favorable recommendation be forwarded to the County Council on the applicants proposed amendment with it with the changes that we've made in language to Change of Zone Ordinance No. 18-115 based on the Planning Director's recommendations, which will be adopted. VITOUSEK: Mahalo and then just for clarification, the language that's being changed. DEFRANCO: That had to do with— VITOUSEK: It is — 15 EXHIBIT E DEFRANCO: —go ahead. VITOUSEK: Oh, sorry is the addition of the requirement to complete Kamanu Street by final subdivision approval, as well as the addition of the access driveway being available for public use during business hours. DEFRANCO: Yes. VITOUSEK: Okay. Terrific is there a second? KANUHA: I second. VITOUSEK: Oh, Deputy Director Darrow? DARROW: Sorry real minor. So, Christian had brought up the underlining of conditional minor but important. KAY: It's just the letters N and O I failed the underline them and that's what we indicate for new language to conditions. If it's okay with you, if I make those changes. Okay perfect. VITOUSEK: Include that in the"- - - " DEFRANCO: KAY: Okay. VITOUSEK: Okay, terrific. Again, is there a second? KANUHA: I second. VITOUSEK: Commissioner Kanuha has second. Now we can open it up to discussion. Okay, seeing none, I guess we can proceed with the roll call vote. KAY: Yes, thank you, Mr. Chair. Commissioner DeFranco? DEFRANCO: Aye. KAY: Commissioner Kanuha? KANUHA: Aye. VITOUSEK: That was an aye. KAY: Commissioner Paishon-Duarte? 16 EXHIBIT E PAISHON-DUARTE: Aye. KAY: Commissioner Yates? YATES: Abstain. KAY: And Chair Vitousek? VITOUSEK: Aye. KAY: Thank you, Mr. Chair motion carries with four (4) aye votes and one (1) abstention. VITOUSEK: Mahalo. Applicant you will be notified of the Commission's decision in writing. MOORE: Great and I really appreciate the thoughtfulness. I think the changes are beneficial so appreciate and again the staff. Jeff your staff did wonderfully on this, really appreciate Christian, Maija, thank you very much. VITOUSEK: Thank you very much. SMITH: Mahalo. VITOUSEK: Aloha, take care. The hearing ended at 2:06 p.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 17 EXHIBIT E