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HomeMy WebLinkAbout2003-04-17 TOGASAWARA PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT April 17, 2003 A regularly advertised public hearing on PAUL OGASAWARA (REZ 698) was called to order at 11:29 a.m. in the County Building, Councilroom-Room 201, 25 Aupuni Street, Hilo, Hawai`i, with Chairperson Fred Galdones presiding. PRESENT:Fred Galdones ABSENT & EXCUSED: Jeffrey McCall Earl Fujikawa William Graham Florence Kubota Aurelio C. Mina, Jr. Francis Smith Hannah Springer Bill Thibadeau Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Staff Planner Alice Kawaha, Staff Planner Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 3 people from the public in attendance. PAUL OGASAWARA (REZ 698) Î Request to amend Conditions C APPLICANT: and D (required roadway improvements) of Ordinance No. 00 128, that amended Ordinance No. 91 116, which reclassified 4.901 acres of land from Agricultural (A-1a) to Neighborhood Commercial (CN-20) zoned district. The property is located at the junction of the Phoa Bypass Road and Kea`au-Phoa Road and also borders Kahakai Boulevard, Keonepoko Iki Homesteads, Phoa, Puna, Hawai`i, TMK: 1-5-7:20. GALDONES:Commissioners, we are on Agenda Item No. 5. The Applicant is to amend Conditions C and D Paul Ogasawara. It is REZ 698. This is a request (required roadway improvements) of Ordinance No. 00 128, that amended Ordinance No. 91 116, which reclassified 4.901 acres of land from Agricultural (A-1a) to Neighborhood Commercial (CN-20) zoned district. Norman? HAYASHI:Thank you, Mr. Chair. If I may direct your attention to the presentation map. First of all, the location map, the subject property is indicated in red, and it's at the intersection of, corner of the Phoa Bypass Road. This is going towards 1 EXHIBIT __ Kapoho, and the Phoa Village Road, also known as the Kea`au-Pahoa Road. The Stat Department of Transportation owns the Phoa Bypass Road and also owns a portion of the Kea`au-Phoa Road up to the Kahakai-Phoa-Kea`au Road intersection. The remaining portion of the roadway into Phoa Village is owned by the County and under the County's jurisdiction. This particular property was rezoned back in 1991 to Kaneshiro and Sons. At that time, the Kaneshiros wanted to construct a Food Fair Supermarket on their property. The Applicant recently purchased the property from, purchased the pr proposing to build a service station or gas station for eight pumps as well as a convenience store on the property. They are requesting that two conditions be amended. Condition C relates to the imposition of curb, gutters, and sidewalks along Kahakai Boulevard and, again, Kahakai Boulevard is owned by or under the County's jurisdiction. They are also requesting that certain roadway improvements, including turning lanes, be deferred until the, for uses other than the proposed service station. And that also goes for Condition C, to defer those improvements until, and not including the, at the time of proposed service station. We are recommending that current Condition C regarding curbs, the imposition of or installation of curb, gutters, and sidewalk be retained; and that we also, we are recommending that the proposed Condition D, as proposed by the A recommended for approval. So, on one hand, we are recommending that Condition C, as requested by the Applicant, not be approved or not recommended for approval, and on the other hand, we are recommending that Condition D, regarding roadway improvements, be considered. And just as, since this discussion was previously had by, on the previous application regarding the timing of the development and non-compliance, there are some information in the Background Report that the Planning Director at that time, back in 1996, did inform the Applicant, I believe it was Kaneshiro and Sons at that time, that they would, the Planning Department will initiate rezoning of the property due to non-compliance. Subsequently, the Applicant did come in for a time extension. Then again back in the year 2000, the early part of 2000, the County Council requested the Planning Director to initiate down zoning of this property back to Agricultural-1 acre. Since that request came down, the Applicant did submit another time extension request to, time extension request, and that was subsequently processed. So this particular application is still classified as Commercial, I mean this property is still classified as Commercial. GALDONES:Commissioners, any questions of Norman? Seeing none, will the Applicant or representative please step forward. Bill, could you raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawai`i County Planning Commission? MOORE:I do. 2 GALDONES:Mr. Moore, could you please state your name, your resident address. MOORE:Yes, thank you. My name is Bill Moore. I'm a planning consultant representing the owner, Paul Ogasawara, who's in the audience. My address is 159 Hla`i Street, Hilo 96720. GALDONES:Mr. Moore, have you received a copy of the Background Report and the Recommendations? MOORE:Yes, we have. GALDONES:Do you have any comments on them? MOORE:Yes, we do. Again, we are pleased that the Planning Department is recommending approval of Condition D. We do believe that the request for Condition C is reasonable and ask that that be retained as requested, that the sidewalk improvements be deferred for the service station. Again, we're not looking to eliminate this condition, we're looking to defer it. The, again, the way the condition reads, if he does anything beyond what was provided in the traffic study, then he would have to put in those sidewalk improvements at that time. And, again, this is consistent with the traffic study. It's also consistent with the Department of Public Works' comments on this. In fact, I did meet with Department of Public Works, and got their concurrence before we even submitted or prepared the application. So we went in there again with the, at least concurrence of Public Works that it was reasonable to defer the sidewalk improvements. GALDONES:Norman, did the Department have some problems grappling with the request by the Applicant for a deferral? HAYASHI:Defer? GALDONES:The deferral of the curbs, gutters, and sidewalk. HAYASHI:We felt that just to be consistent with a previous application in that area, which was the property situated across the street, that we'd like to retain the curb, gutter, sidewalks for any, prior to any developing occurring on that property, or simultaneously with the development of that property. GALDONES:So there was another applicant in which you folks had acted upon and -? 3 HAYASHI:Yes. And if I may point out the property. Again, this is the ` Keaau-Phoa Road, this is going into Phoa Village, Kahakai Boulevard. There is another property situated across the street, indicated in this pink here, that was rezoned to Sadao Tsubota. And at that time, when the rezoning came in, the Planning Department did recommend that curb, gutters, and sidewalks be imposed as part of the conditions of approval. However, when the application was forwarded to the County Council, there were some concerns relative to the imposition of curb, gutters, and sidewalks. So the County Council, at that time, in adopting the Tsubota application, deleted that curb, gutter, sidewalk requirement and basically said that improvements shall be provided, and it's not the exact language, but improvements, roadway improvements shall be provided -. MOORE:I have the language here. Again, their condition was condition, improvements to the frontage, which is on Kahakai Boulevard and Phoa Road, which would be consistent with the rustic ambiance of Phoa Town, and install street lights, signs, and markings. HAYASHI:Thank you, Bill. GALDONES:Norman, in light of the action taken by the County Council, would not the Department consider that in rejecting or giving an unfavorable recommendation to defer curbs, gutters, and sidewalks? HAYASHI:Can I defer that question to the Planning Director? GALDONES:Sure, you may. YUEN:We want to make consistent recommendations to create a level playing field for people with commercial properties; and so, as a general rule, we are putting in curbs, gutters, and sidewalks as a condition of commercial zoning. As there are possible exceptions to the rule, there, the Waimea area, for example, there's a design plan that talks about where there should be sidewalks and where there shouldn't be; and we would respect that kind of community, expression of community wishes. However, in this case, we really don't see a reason to vary from the general recommendation that we're going to make. GALDONES:Mr. Moore. MOORE:Yes, if I can respond. The, again, while the Department may have, again, requested, I didn't go back into the record that far, the condition was to allow the rustic ambiance. The adjacent development was approved, I have pictures here, it's an auto parts store, and it was approved without sidewalks. And, you know, again, to be consistent with the County policy, we could have asked for that same condition to eliminate the sidewalk improvements completely and consistent with the 4 policy in this area; and we're not. We're asking that they just be deferred for the service station, again, which is not a generator of foot traffic. And, again, if there is a use that generate, any use beyond this, whether it generates foot traffic or not, the owner is willing to put in the sidewalk. So we're not asking to get out of this condition, we're just asking for the deferral. GALDONES:Commissioner Fujikawa. FUJIKAWA:How heavy of a foot traffic is in that location? MOORE:Again, I don't live in there. I was out there looking at it, but I believe that there is minimal if any, if none. Again, what's there now is an auto parts store, and there's no residences really close to that. There are a couple of residences on the end of Kahakai, yeah, down in there. I think there are three residences down there; but, again, these are not uses that draw traffic like a d FUJIKAWA:And how wide is Kahakai Road, Street? MOORE:Kahakai is 50 feet. FUJIKAWA:Fifty feet. So the curb, sidewalk, they intend to have parking on the roadway? MOORE:No. There will be sufficient parking provided on site. As you can see, it's a four-plus acre site, and we're using just a small portion of that. So whatever parking -. And again, the convenience store, there are requirements within the Code, but it's also the orientation of the store. If I can, this is Kahakai. The gas pumps will be in front, the convenience store behind. So people aren't going to be parking on the street to get to the convenience store, they're going to, you know, they can -. FUJIKAWA:Right. MOORE:People are people. They're going to get as close as they can. If they have to park in front of the pumps to get to the convenience store, they will. But there will be adequate parking. There's plenty of room within the property to take care of that. And so, and the Code discourages -. And, again, there's no intent to under park. So you really want to encourage people to be in there. FUJIKAWA:Okay. Thank you. GALDONES:Commissioner Kubota. 5 KUBOTA:Mr. Chairman, as I listen to the discussion, am I to understand, Mr. Moore, that your request is for a deferral until such time as the build-out is more intense, and that the Department of Transportation, as well as Department of Public Works have agreed that it's okay with them? And that in the event, and I have your memo here that says that you will agree that any developments beyond the proposed service station and convenience store will require construction of these improvements which refer to curb, gutter and sidewalk. So you're merely, the condition, the conditional change that you're asking for in C is that this improvement be commensurate with the kind of buildings or development that you are now proposing, which is the eight pump -? MOORE:Right. KUBOTA:Service station and the convenience store? And that later on, as the development gets heavier, that you will be bound to put in the curb, gutter, and sidewalk, is that correct? MOORE:That I think is a very accurate description. We're looking for conditions commensurate with the impacts. KUBOTA:And is it my understanding, Mr. Hayashi, that in the development right across this Applicant's, that the County did recommend curb, gutter, and sidewalk, but the County Council thought it prudent to leave it out? HAYASHI:That is correct. That was the Department that recommended approval, and the Planning Commission also recommended same. KUBOTA:I see. Thank you. GALDONES:Commissioner Springer. SPRINGER:If installed, where would the sidewalks lead to? Are there sidewalks on either side? MOORE:No, there's no -. And I have pictures. There's no sidewalks anywhere in this area. So it would be just sidewalks along the frontage of Kahakai in ` front of this property. There's no sidewalks on Keaau-Phoa Road coming to this. So it would be, again, kind of a free-standing sidewalk. SPRINGER:I have a question. GALDONES:Commissioner Springer. 6 th SPRINGER:I'm looking at the Police Department memo of January 27, which is Exhibit C, and it reads, "The Department has observed problems created by development which is not supported by proper infrastructure." My sense is that they may have been referring to Condition D. Could you explain to me how this might refer to Condition C? MOORE:Well, my sense of this comment is I think it's a generic comment and not specific to this project, that they have observed in other projects that things have not been taken care of. And so, I don't get a sense that this is specific to this project. It may be, but that's my interpretation of it. You know, created by development which is not supported, I don't think they are being specific about this. SPRINGER:Thank you. FUJIKAWA:I have a comment. GALDONES:Commissioner Fujikawa. FUJIKAWA:I feel that it could be a stumbling block right now if there's no other sidewalk and just you have a sidewalk. Until the time comes when everybody puts a sidewalk, then that's the time to put a sidewalk. But it can be a stumbling block. GALDONES:Commissioner Mina. MINA:Yeah, I'm kind of familiar with that location because, you know, on the Bypass Road, there is a guardrail on Kahakai, it's blocking off Kahakai. The nmkxv`xsnsg`shrxntlud got to go to the Old Phoa Road and then coming down. You cannot go from the Bypass into Kag`j`h+xntludfnssnbnld`qntmc,- MOORE:That is correct. MINA:On the high side. MOORE:Yeah, that is correct. The only access to the property is from the ` Keaau-Phoa intersection. FUJIKAWA:I see. MOORE:And the only access that's permitted is from Kahakai. MINA:It's not from the bottom. MOORE:Yeah, not from the Bypass. 7 GALDONES:Commissioners, any further questions? Commissioner Graham. GRAHAM:Just for the clarification. The Planning Department, in their recommendation, is recommending that the curbs, gutter, and sidewalks be installed the whole length of Kahakai Road there abutting the parcel? HAYASHI:That is correct. GRAHAM:Thank you. HAYASHI:Approximate distance is 730 feet. GALDONES:Any further questions? If not, is there anyone from the public wishing to make, to testify on this subject matter before the Planning Commission? HAYASHI:Mr. Chair, I do have one -. GALDONES:Yes, Norman. HAYASHI:Correction to make. GALDONES:Yes. HAYASHI:And this would be with reference to the draft ordinance that was submitted to you, on Page 5, Condition K, and there is a bracket before the word "an," a-n. That bracket should be deleted. KUBOTA:Yeah. Yeah. HAYASHI:And actually this bracket is there under the original ordinance that was, the amended ordinance that was granted back in 19, or 2000, year 2000. GALDONES:It was a typographical error? HAYASHI:That's correct. KUBOTA:It's this one, right? This bracket? HAYASHI:Yes. KUBOTA:Right? 8 GALDONES:Commissioners, you have heard the discussion in light of the, however, in light of the recommendation from the Department, that Condition C be given a -. HAYASHI:Excuse me. Maybe I need to take a look at the ordinance. One second. The original ordinance. GALDONES:Okay. Sure. HAYASHI:Because the reason why I say that is there is another bracket after No. 5, okay, I stand corrected. The ordinance that's drafted and presented to you is correct. We are deleting, this is, actually, Item K, or Condition K. That was deleted back, up until Item K. KUBOTA:Five. HAYASHI:Condition K(5), that was deleted in the 2000 Ordinance 00 128. Therefore, Condition K should basically state that if the Applicant should require additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. So, technically, we could have deleted, the bracketed area should not be part of this ordinance since it was already deleted back in 2000. YUEN:That's correct. GALDONES:Understand. YUEN:That's correct. The bracketed part of K should not be in here, and only the last paragraph that starts with, "If the Applicant should require an additional extension of time," that should be K. GALDONES:Thank you for the clarification, Mr. Yuen. Commissioner Springer. SPRINGER:Thank you. Just clarification from Mr. Moore. With regard to your proposed amendment to C, any other proposal in the future would then trigger the curbs, gutters, and sidewalks? MOORE:That's the language that we agreed with with Public Works. So, again, we're saying that if you do a, something small that does not even generate traffic, we still have to put the sidewalks in at that time. So that was the agreement that we had. We just want -. Again, the intent is to get the service station in there and do 9 that without these improvements. If anything beyond that goes in, then the owner is agreeable to putting the sidewalks at that time. GALDONES:Commissioner Springer. SPRINGER:Or might you come forward and have this discussion again? MOORE:I'm sorry? SPRINGER:Or might the Applicant come forward and have this discussion again? MOORE:You never say never, but that's not the intent. SPRINGER:Thank you. GALDONES:Commissioner Fujikawa. FUJIKAWA:We're looking at amending Condition C, right, curb, gutters, sidewalk, or what? GALDONES:That's the Applicant's proposal, recommendation. MOORE:Again, if you look at the Recommendation. FUJIKAWA:Right. MOORE:Page 2 of the Recommendation -. FUJIKAWA:Right. MOORE:Has the language that we had proposed, and that was not recommended for approval. So that is the language that we have been or are seeking. FUJIKAWA:Okay. GALDONES:Mr. Moore, I didn't quite follow you. What was the recommended language that you had? MOORE:Well, the proposed language that we had is shown on Page 2 of the Recommendation, where the underlined section would be added. F@KCNMDR9Vgdqdhsr`xrnnsgdqsg`msgdoqnonrdcrdquhbdrs`shnm>o 10 MOORE:That's correct. So that's the amendment that we are seeking. Again, the Planning Department's recommendation is to not include that. GALDONES:I see. Hearing, seeing that there is no one from the public wishing to testify, we are in the, the Chair is ready to entertain a motion if further discussion is not needed. KUBOTA:Mr. Chair? GALDONES:Commissioner Kubota. KUBOTA:I would like to move -. I don't -. Okay. I don't know how to go about this in terms of procedure. Do I move to amend Condition C first before I move to, I move the application, or which comes first? Do I move the, do I move the application with the intent to amend C? GALDONES:Being that, Commissioner Kubota, being that there are two different changes, amendments that are being seeked by the Applicant, perhaps we can just take it separately. It might be more for clarity. Take Condition C first and then take Condition D. KUBOTA:No, I think I will move that -. I don't know what I want what I want to do, but I don't know how to do it. I would like to move the approval of both Conditions C and D of REZ 698, the amendments to Conditions C and D. However, if I do that -. GALDONES:Your -. KUBOTA:With the amendment from unfavorable to Condition C to a favorable, is that how you do it? I don't know how to do that. GALDONES:You would, Commissioner Kubota, you would have to take the recommendation, the language in the recommendation, Condition C, and have that incorporated into Condition C of the ordinance. TORIGOE:Mr. Chairman? GALDONES:Counsel. KUBOTA:Maybe somebody else can do it then. GALDONES:Mr. Torigoe. 11 TORIGOE:Yeah, basically, I think all you have to do is, well, in essence, what you have to do is decide whether you're going to make a favorable or unfavorable recommendation on the requested amendments. The Applicant has requested certain amendments to Condition C, which is set out in Page 2 of the current Recommendation, as well as changes to Condition D, again which are set out on Page 4 of the current Recommendation. And so if your intent is simply to send a favorable recommendation on both of those, then that is what you should move, in simplest terms, is that you move for a favorable recommendation on the -. KUBOTA:The amendment to -? TORIGOE:Requested amendments -. KUBOTA:Conditions C and D? TORIGOE:Right. And that that favorable recommendation be forwarded -. KUBOTA:To the County Council. TORIGOE:To the County Council, along with -. KUBOTA:Along with. TORIGOE:An appropriate ordinance. KUBOTA:Thank you. I so move. SPRINGER:Second. Second. GALDONES:It has been moved by Commissioner Kubota and seconded by Commissioner Springer that Applicant Paul Ogasawara Change of Zone Ordinance No. 00 128, REZ 698, it's an amendment to Conditions C and D, be given a favorable recommendations to the change of zone ordinance. Must that be also addressed in the motion? KUBOTA:Yes. TORIGOE:I think it's clear enough what she's trying to do. I would -. GALDONES:Okay. TORIGOE:Also suggest that if you have some specific reasons why you believe that Condition C should be favorably considered -. 12 KUBOTA:Well -. TORIGOE:Then you should put that on the record, as well. GALDONES:And that this be forwarded to the County Council. Discussion? Commissioner Kubota. KUBOTA:Well, I just wanted to say that based on the testimony that I received today, that the granting of the request to amend Condition C would not be contrary to the original request. GALDONES:Any further discussion? Commissioner Springer. YUEN:I think Mr. Torigoe's, what Mr. Torigoe is getting at is th you make a recommendation that's consistent with the Director's recommendation, then you have, in essence, a whole package that you send to the Council. You send the Recommendation, with the Recommendation of the Director, which has the rationale for saying yes to, in this case, yes to one and no for the other. He is requesting that you put on the record a rationale, you're going to only send -. When we put together a letter for the -. What happens -. Let me back up a little bit. What happens after you folks vote on a rezoning recommendation like this is that we put together a letter for the Chair to sign that gets sent to the County Council, that contains the reasons for the Planning Commission, why the Planning Commission acted the way it did. When the Planning Commission simply goes along with the Director's recommendation, then we completely recycle our recommendation into a letter to the County Council, and that's the Planning Commission's recommendation, all right. Now in this case, where it appears that you're going to go against the Director's recommendation on one element, then we would, we play fair, okay. We're just going to send, if you vote that way, we will send it to the County Council and say the Planning Commission's recommendation is that you don't have to have the curbs, gutters, and sidewalks, but we want to put, we want to have a statement from the Planning Commission as to the reasons so that we can put that in our letter that goes to the Council. And from the standpoint of making a motion, it could be as, for what we need to do, it could be as simple as for the reasons stated here by the Applicant that you wish to approve the Applicant's request. And from there, we can take that and put that into the letter that goes to the Council. KUBOTA:That sums up pretty much what I was going to say. So it's in a very concise manner, so I will accept that. GALDONES:Commissioner Springer. 13 KUBOTA:I just feel that it's appropriate that we defer the construction of curb, gutter, and sidewalk until such time as the build-out is more massive. GALDONES:Thank you, Commissioner Kubota. Commissioner Springer. SPRINGER:Thank you. I'll be voting in favor of the motion because testimony by the Applicant's representative has indicated there has been extensive discussion with Department of Public Works, which has indicated the appropriateness of deferring installation of curbs, gutters, and sidewalks until future development is undertaken by the Applicant. And also that with regard to other similar applications, according to the Applicant's representative's testimony, the County Council has acted to not require curbs, gutters, and sidewalks. Thank you. GALDONES:Thank you, Commissioner Springer. Commissioner Graham. GRAHAM:I also am in support. I think it would be an undue burden, given the rural nature and given the lack of pedestrian traffic. The only consideration I wanted to bring up is it looks like about 150 feet of that Kahakai Boulevard is going to be fronting the particular development that's going to be done there right now, and I don't want this omission to cause that 150 feet to not be done properly. So is there some guarantee or some wording that we are sure that the interface between Kahakai Boulevard and this particular project part of the gas station/convenience store is done in the proper manner? Is that clear or -? MOORE:No, I'm sorry, I'm not clear as to what you're -. GRAHAM:Well, I guess you could just, you know, lay down a few slabs of asphalt and let somebody drive off -. MOORE:Okay. GRAHAM:Kahakai into your paved area, but I think we would like t sure -. MOORE:Oh, no. GRAHAM:That that portion of it-. MOORE:No. GRAHAM:Is done in the proper way. So by removing the whole curbs, gutters, and sidewalks thing, maybe we're removing the requirement that you do that properly. 14 MOORE:No. Let me just get the language, just to be real sure. GRAHAM:Okay. HAYASHI:I think it's clear in the condition that curb, gutters, and sidewalk will also be provided fronting that proposed service station and convenience store at some point in time. So this condition would not, it's only deferring the improvements. When other improvements are proposed on that particular property, the frontage of that proposed gas station and convenience store would also be required to provide curb, gutter, sidewalk. MOORE:I'd like -. Thank you, Norman. Just to add to that, the condition, both Condition C and Condition D requires that all the improvements be constructed with the approval, meeting with the approval of the Department of Public Works with respect to the sidewalks and road improvements within the County road and with respect to the Department of Transportation's approval for the section of ` turning lanes within the Kahakai, the portion of the Keaau-Phoa Road which is owned by DOT. So it's not a matter of the Applicant determining what level of improvements he gets to put in, it's, these improvements have to meet with the approval of the Department of Public Works or DOT, respectively. YUEN:No, wait, I'm not sure. Norman answered the -. If you wer asking whether, if there was finally a major development in the area and there were sidewalks put in, that this language would create a hole -. GRAHAM:No. YUEN:In front of the gas station. So he answered that question. But that wasn't your question. Your question -. GRAHAM:Right. YUEN:Is, and I think maybe, and you haven't gotten to this question. Hslrvg`s+hesgd`ldmcldmspasses, what is, your idea is that you just have a driveway off of the existing Kahakai and no frontage improvements to Kahakai other than that driveway? GRAHAM:That's correct. YUEN:All right. GRAHAM:That's correct. YUEN:That is what he's asking for. 15 GRAHAM:Okay. While I'm not clear on that then, my reason for supporting your change in Condition C is that it seems onerous for you to have to do that whole long frontage area. But I don't know whether it's not appropriate for you to do it in the proper way, the frontage in front of the service station and convenience store. And since I'm a little new at these matters, I'll leave it to others. But I wanted to bring that up, because it does seem like it's a concern. MOORE:Just so there's no misunderstanding, the request is to defer the sidewalks completely, including the portion fronting the service station where, again, if you did that, you would have just, really, a sidewalk in the middle of nowhere. When there is additional development, when the sidewalk improvement is triggered, that sidewalk has to be provided along the frontage of Kahakai, including the portion in front of the service station. GRAHAM:And so when -. MOORE:That's what we're requesting. GRAHAM:And when Department of Public Works is in accord, they are in accord with you doing only that limited work in the frontage of the service station/convenience store? MOORE:Again, you're talk -. Okay, we're not proposing any sidewalks at this time, even in front of the service station. GRAHAM:Right. And Department of Public Works is in agreement with you in that regard? MOORE:That, I was, I believe so. Again, I don't want to put words in their mouth, but that was the discussions that I had with them and that is consistent with their memorandum. Again -. GRAHAM:Okay. HAYASHI:The comments from Department of Public Works indicated that they had no objections -. MOORE:No objections, yeah. HAYASHI:To the Applicant's request to defer the installation of curbs, gutters, and sidewalks. 16 GRAHAM:Right. Well, I don't feel like I have the expertise to indicate anything different in front of the service station, but I want to bring that up as an issue. Whereas I'm philosophically in agreement with amending Condition C so they don't have to do the whole frontage. I'm not sure that what they're proposing right in front of the service station is appropriate or not, so I'll have to leave that for others. GALDONES:Commissioners, any further discussion? Commissioner Kubota. KUBOTA:Now that we're delving into the intent of the responses of the various departments, I refer to one from the Director of Transportation, Rodney Haraga. And he also refers to amending Condition C and D and having no objections to it because he relies on the traffic assessment report as being satisfactory. YUEN:Yeah, I -. KUBOTA:So that's another support. Huh? What? YUEN:Oh, I'm sorry to interrupt. KUBOTA:Excuse me. YUEN:I do have to say though that the Department of Transportation would not care what happens on Kahakai -. KUBOTA:That's right. They're -. YUEN:Simply, at all. KUBOTA:That's County, yeah. That's County. YUEN:They wouldn't care at all, and would say that regardless of if they were proposing to dig a 50-foot deep hole on Kahakai Street -. KUBOTA:Usually though, you -. YUEN:I think they would probably say they -. KUBOTA:I think this -. YUEN:Have no objection. KUBOTA:Okay. Well, maybe this one had a little bit of concern because ` part of it is State, part of this whole thing, Keaau-Phoa Road is -. 17 YUEN:Right. KUBOTA:Is State owned. YUEN:They're -. KUBOTA:And also, wait. Usually, they say we have no comments. We have no comments. They do not border on our State highway. That would be their normal one. This one was a little bit different, so I took it to heart. GALDONES:Okay. No further discussions. Norman? HAYASHI:Yes, just before I take the roll call, one clarification regarding Condition D, and that is to recommend approval of Condition D as proposed, requested by the Applicant and as further amended by the Planning Department or Director? GALDONES:That is my understanding, Norman. HAYASHI:Thank you. With that, I'll take the roll call. Commissioner Kubota? KUBOTA:Aye. HAYASHI:Commissioner Springer? SPRINGER:Yes. Thibadeau? HAYASHI:Commissioner THIBADEAU:Aye. HAYASHI:Commissioner Fujikawa? FUJIKAWA:Oh, excused. GALDONES:He had to be excused. HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner Mina? MINA:Aye. 18 HAYASHI:Commissioner Smith? SMITH:Aye. HAYASHI:And Chair Galdones? GALDONES:Aye. HAYASHI:Mr. Chair, motion carries seven-zero. GALDONES:Thank you, Norman. Mr. Moore, you will be informed. MOORE:Thank you. On behalf of the Applicant, thank you very muc Really appreciate it. GALDONES:You're welcome. The discussion ended at 12:08 p.m. Respectfully submitted, Sharon M. Nomura, Secretary Planning Commission 19