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HomeMy WebLinkAbout2005-07-01 TKNIGHT PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 1, 2005 A regularly advertised hearing on the application of DOUGLAS W. KNIGHT (SPP 05-010) was called to order at 11:35 a.m. in the County Building, Councilroom - Room 201, 25 Aupuni Street, Hilo, Hawaii, with First Vice-Chairman Hannah Springer presiding. PRESENT:Hannah Springer ABSENT & EXCUSED: Fred Galdones C. Kimo Alameda Allen Salavea Bill Graham Andrew Iwashita JeffreyMcCall Rene€ Siracusa Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 4 people from the public in attendance. APPLICANT: DOUGLAS W. KNIGHT (SPP 05-010) Special Permit to allow the establishment of an automobile repair establishment on 0.25 acre of land situated in the State Land Use Agricultural District. The property is located along the south side of Malama Street, approximately 408 feet east of the Malama Street ƒ Kahukai Street intersection, Leilani Estates Subdivision, Keahialaka, Puna, Hawaii, Tax Map Key 1-3-25: portion of 41. SPRINGER:Commissioners, we€re now on our final agenda item. The applicant is DOUGLAS W. KNIGHT(SPP 05-010), a Special Permit to allow the establishment of an automobile repair establishment on 0.25 acre of land situated in the State Land Use Agricultural District. The property is located along the south side of Malama Street, approximately 408 feet east of the Malama Street ƒ Kahukai Street intersection, Leilani Estates Subdivision, Keahialaka, Puna, Hawaii, Tax Map Key 1-3-25: portion of 41. Mr. Darrow. DARROW:Thank you, Madam Chair. If I may direct your attention to the location map. The area of this application is within the Puna District of Hawaii. More specifically, this is located within the Leilani Estates Subdivision. If you were traveling in a north-south direction on the Pahoa-Kalapana Road or Highway 130, you would pass Leilani Avenue, that€s the entrance road, to Leilani Estates. And there is another left-hand turn that would come into Leilani Estates, a gravel cinder road identified as Malama Street. The area of this application is identified in red. 1EXHIBIT B The applicant in this case, Douglas W. Knight, is requesting to legitimize theexisting auto repair business that has been established on this property. From Malama Street, you would pass the first intersection and it would be the fourth property on the left. The applicant actually owns the adjacent parcel to the north; and that€s where his residence is. Within the pictures you€ll see two structures. One of them is the area where the auto repair business is being established; and the other one next to it is the applicant€s residence. From Malama Street there is a driveway off from the street. It would come into this area. There is an existing two-story one-bedroom, one- bath residence. It has been converted at this time to an auto repair business. The area that you see in the pictures that has a concrete slab with a tarpaulin tent is in this area, and then the structure behind it. The applicants are requesting to be able to conduct this business to be able to do brake, transmission, engine, tune-ups, that type of auto repair activity. Hours of operation are from 8 to 5, 8 a.m. to 5 p.m., Monday through Friday. Conditionstomention,ConditionNo.2isourstandardfive-yearlifeforthesespecialpermits that the Planning Director has been recommending in the lower Puna area for these types of special permits; and they have been kind of a trend that the Planning Commission has been approving these types of permits in the lower Puna area. This permit, if approved, will have a life of five years, or until commercial or industrial type of zoning becomes available within a five-mile radius. Condition No. 5 will ask the applicant to remove the tarpaulin tent and place a permanent structure over the area that the auto repair business will be conducted. We have an amended Condition No. 10, hopefully the Commissioners received that from the Planning Department. We are, instead of the employees being limited to only the family members, we are also adding the allowance of one additional employee along with the family members. The Planning Department has received several letters of opposition, as well as support for this application. The Planning Director is recommending that the Planning Commission approve this special permit. Are there any questions? SPRINGER:Thank you, Jeff. Commissioner Siracusa? SIRACUSA:Yes. Given that you€re recommending a five-year life of the permit, I don€t understand the Condition No. 5, applicant shall construct a permanent structure. Why put a permanent structure when you€re only going to have a five-year permit life. DARROW:I can try to answer that. In our previous applications, just recently, for example, we had the certified kitchen, we had auto repair establishments, they have to build permitted structures to be able to, and also Moylan is another good example, to be able to conduct this activity. It would be almost going against the Code if we were to allow structures that would not be permitted or, you know, built to Code to be able to conduct this activity. The applicant needs to be aware that even though these structures are built, there may be a time in the future that they may be asked or required to relocate; and at that time, the structure can be changed to a different use or be taken down. 2EXHIBIT B SPRINGER:Thank you. Commissioner Siracusa? SIRACUSA:In that case, should we be clarifying that condition to say that upon the end of the special use permit these structures shall be removed, to make that clear, so that we don€t end up with a whole bunch of structures on the property afterwards? YUEN:No, not necessarily. And I agree with Mr. Darrow€s explanation. The tarp structure is not to Code, so that€s why we can€t approve this with the idea that they€re just going to use the tarp structure, continue to use the tarp structure as the area that they repair cars under. As far as having to remove it, they may build something that€s very well suited to the use of a single family residence. They may build something that€s like an additional carport with some area for storage of tools. It could work with a single family residence in the future, and so there€s no need to say that they have to tear it down. SIRACUSA:Okay, thank you for explaining that. I€m also concerned, I know this area verywell.Obviously,I€mfromPuna.AndIamconcernedaboutleavingitopen-endedlikefive years or until industrial zoning is located, especially since this applicant has been in violation for I don€t know how many years, but, it doesn€t say here in this thing. But, at any rate, I should think five years would be enough time; and we don€t have to leave it even more open-ended because it€s not really compatible with the surrounding area. If you look at those photographs, there€s native forest all around that lot. YUEN:It€s five years -, it€s whichever comes first. SIRACUSA:Pardon? YUEN:It€s whichever comes first. The way it€s worded now it would not exceed five years. SPRINGER:I have a question in that regard. If commercial/industrial zoned lands do not come available within a five-mile radius at the five-year, within the five-year timefame, what then happens? Wouldn€t another permit need to be applied for? YUEN:He would either have to relocate or apply for an amendment to this permit. The way it€s worded that amendment could not be administratively granted. It would have to go to the Planning Commission. SPRINGER:Thank you. Commissioner McCall, and then Alameda. MCCALL:Yeah, I just have a quick question. Jeff, the area is zoned Ag-1? DARROW:Correct. MCCALL:These lots are one-acre or -? DARROW:Correct. This is -. 3EXHIBIT B MCCALL:Okay, so he is only asking -? DARROW:Thank you for bringing that up. This is a one-acre piece of property. Leilani Estates is mainly made upofone-acre pieces of property. The applicant is requesting to utilize a quarter of the acre or .25 acre of the property. SPRINGER:Thank you. Commissioner Alameda. ALAMEDA:I€m just curious, Mr. Darrow, the impetus for legitimizing this repair shop, did that come from the County, or was it on the applicant€s own accord? DARROW:It was, if you look in the background report, there have been some violation notices issued to the applicant. ALAMEDA:Okay,thankyou. SPRINGER:Thankyou.Commissioners?CommissionerGraham. GRAHAM:Justamorebroad-scalequestiontothePlanningDirector.Itseemslike we all recognize that Puna is a greatly expanding area population wise, and so they€re probably underserved for many industrial/commercial reasons and all. So we€re seeing before us special permit applications here and there in the area for businesses like this and all. Where is all this going? I mean if four years from now we€re going to approve 40 of them and they€re all going to get -? Or is there going to be some point when the County is going to say, no, we can€t do this anymore this way or -? YUEN:Most of these we have been approving with this five-year condition with the hope that sites, as there is an obvious need for commercial and light industrial sites, that these will develop within zoned areas, or people will seek zoning in certain areas. So, in the General Plan we have that Orchidland area. In Pahoa itself there are some zoned areas and you could locate something like this in vacant zoned lands in Pahoa. There€s a, you can do this in village commercial, you know, a repair shop. There€s a level though, I mean, there€s a level of special permit that we would look at as a, you know, as far as an overall framework of special permits. There are -. Let me just wait for this (monthly Civil Defense siren) and it€ll help me gather my thoughts. SPRINGER:Of course. YUEN:There is a level of special permit that you could actually do in a residentially zoned area as a home occupation. Unfortunately, the Zoning Code says that you need a special permit for these in the Ag District. We need to take a look at that and see if it€s mandated by the State Land Use Law. And if it€s not, I would like to amend the Zoning Code so that home occupations in Ag areas essentially follow the same rules as in residential areas. To give you an example of the kinds of things, these are small home businesses. We had a special permit, for example, for a one-person hair stylist shop, a one-seat hair stylist. We€ve had special permits for other kinds of home businesses that had they been in a residential area they would have just, they don€t need any Planning Commission approval. They just operate as a home occupation. So that will take out a range. This application, and generally a home occupation, 4EXHIBIT B what are the limits on it, they have to be operated in conjunction with a home, that is youhave to live there. So this application wouldn€t qualify as a home occupation because they don€t live there. If he lived there, thenhe still has another thing that keeps it from being a home occupation. Repair of automobiles is not a home occupation. And there are some reasons for these kinds of things. Uses that are allowed only in industrial zones are not home occupations. So that tends to get some of your possibly louder and more noxious things out of there. But sales of things done on the premises, professional offices, a person who€s an accountant or a real estate agent can legally operate out of their home, as a counselor, for example. So some of the things that we have seen are close to those. And I think the Department would routinely, if we didn€t change it, we would routinely recommend approval of things on that level as special permits as being reasonable things to do that, if they don€t bother people. And in a residential area there really shouldn€t be any reason to limit them in one-acre lots or three-acre lots like you have in the agricultural subdivisions. Thenyougetintothenextlevelupand,of,likethisapplicationwhichcan€tbeahome occupation because of the auto repair or businesses that are a little bit bigger. And I€m, my own view is I€m negative toward special permits as a site for commercial and light industrial uses that we -. It has been a matter of pragmatism over the years to grant them because in many cases there aren€t good locations in some of the areas on the island, like many of the rural areas. It truly is difficult to find a zoned area. So people have, often times they start these up and operate until they get cited, and then they come in for a special permit. Ideally we would find areas and try to first General Plan them and then zone them for people to go into. But it€s really not the ideal way of doing things to have everything operate by a special permit. There may be a level of activity that is a little bigger than a home occupation that is still compatible that we could still keep open for special permits. But what we€re trying to do, I mean, I think our policy has been over the last few years to try to direct special, the light industrial and commercial uses of the larger scale, than things that are strictly things that look like a home occupation, to try to direct them into zoned areas, rather than have this be the way that commercial and light industrial use is developed in the agricultural areas. SPRINGER:Thank you. Is there follow up to that? Commissioner Watanabe. WATANABE:I, you know, I€m pretty comfortable with the five years or earlier thereof limitation. I guess my question is within the revised General Plan do we have an area that is designated for commercial, within that five-mile radius that is stated as part of the condition? YUEN:What I think is lacking is -. You can do auto repair in a Village Commercial zone, and there is an employee limit. Is there a five-employee limit on that? DARROW:I don€t think so. YUEN:No, in a village commercial zone, minor repair. DARROW:Yeah, I don€t think there€s a limit. I can try find it. WATANABE:I guess, I was wondering whether the five-mile should be expanded. Cause you have a five-mile, the first of which either the commercial area becomes available, in which case he would have to locate, but it was restricted to a five-mile radius. And if we don€t 5EXHIBIT B have anything that potentially would open up there, then it€s kind of meaningless, which means they€re running the five years. YUEN:Well, Pahoa is within the five-mile radius. WATANABE:Pahoa is already, within? YUEN:Yeah. WATANABE:So then it€s realistic then. YUEN:And you can have an auto repair in a villagecommercial zone. WATANABE: Okay, then the five-mile is realistic then. DARROW:Chris, the Code has a limit on major repair establishments, not the minor repairestablishments. YUEN:Yeah,so,it€s,that€salittlestrange.Butthiswouldbeclassifiedasa minor because it€s auto repair, it€s not body and fender, and is -. DARROW:Frame straightening, yeah. YUEN:A minor. SPRINGER:Commissioners, any additional questions of staff before we invite the applicant or their representative to come forward? Is there anything more you wanted to give us, Mr. Yuen? YUEN:No. SPRINGER:If the applicant or their representative could now come forward, please. And we have no one from the public who has signed up to testify on this application. If there is anyone who wishes to do so, if you could sign up, please. Good morning. If you could both please raise your right hands. And do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? NISHIMURA:Yes. KNIGHT:I do. SPRINGER:Thank you, both. In order of your testimony, could you please give your name and address, and your testimony to the Planning Commission. NISHIMURA:Hi. My name is Brian Nishimura. I€m the planning consultant for Doug Knight. My residence address is 1174 Awiki Place in Hilo. We have reviewed the recommendation and the proposed conditions. Mr. Knight has indicated that he is able to 6EXHIBIT B comply. And I would like to note that he has made attempts to acquire property or to lease property in Pahoa town that is properly zoned for this use. However, the availablespace in Pahoa is rather limited. Much of the Village Commercial zoned area is in the highly, you know, center of town which has existing structures on them, many of which have been used for restaurants or that type of activity, and not necessarily suitable for a car repair business. The only industrial zoned area is the MCX zoning that exists in the new Pahoa Market Place; and Mr. Knight has made an attempt to inquire about relocating there and was unable to do so. He understands the five-year time limit is intended to direct him to a properly zoned area and will make every attempt to do that. In all likelihood I€m advising him that he probably will have to look at areas that may be General Planned for industrial or commercial use and try to acquire those and go through a rezoning process in order to obtain a suitable site, just because the available zoned areas, like I said, in Pahoa town are quite limited. SPRINGER:Thankyou.Mr.Knight,doyouhaveanycommentsforus? KNIGHT:No,Idon€t.MynameisDouglasKnightandIresideat13-1307Malama Street. SPRINGER:Thank you, sir. KNIGHT:I have no questions. I am able to accept the conditions that the Director has established on the yellow form. And if given a specific time period in order to conform with that, we will have plans drawn up to conform with the items as followed. SPRINGER:Thank you, sir. Commissioners, questions for the applicant or their representative? Commissioner Siracusa. th SIRACUSA:Yes. I have here a letter from Mr. Nishimura dated June 9 listing some of the individuals or properties that you had looked at in your search for a legal location. And I€m wondering how long ago did you begin this search? KNIGHT:Approximately four years ago. SIRACUSA:It strikes me, well, I don€t know. For example, Jeff€s Affordable Automobile Repair moved out over a year ago and they were on the parcel with the Pahoa Auto Parts, which are the owners of that parcel. And so that seems if you had, you know, been right on it you might have been able to get in there, the same thing with the Pahoa Market Place, and the Al Smith property. And I€m wondering if your inability to find anything was due to lagging or -. Because I€ve seen a lot of these properties that would be, you know, good for your type of business and that have been available and empty and unused for quite a while before somebody finally jumped in, like the old Pahoa Hardware Building which is now getting renovated. And so I€m wondering about how hard you really looked, you know -. KNIGHT:Quitehard. SIRACUSA:Andhowdoweknowthatyou€llcontinuetouseyourbestfaitheffortsto find a more suitable location? And, does it have to be within five miles of Pahoa? I mean, is 7EXHIBIT B there something that would tie you to that location if you found something suitable, say, seven, or ten, or fifteen miles away? KNIGHT:All three of the properties you mentioned there, the Jeff€s Affordable Automobile Repair, I had, prior to leaving that business location, I had discussed with the property owner, Mike Metcalf -. SIRACUSA:Yeah. KNIGHT:Is the owner, discussed with him the possibility of leasing it when he was aware that Jeff Moore was going to move out. He wanted to go up considerably and doubling the square footage rental price and making it fairly unfeasible for a 600-square foot small steel building. He had wanted me to put up another half of a building and pay, you know, put up the monies to put up the other second half of a building and then also pay the over $3.00 a square foot.Sothatbecameunfeasibletome.ThebuildingisstillnotinusethatIknowof,otherthan for storage right now; and he had chosen to not lease it out to another automobile repair shop and just retain the building for his own use. Steve Chase was also consulted almost four years ago, both in the old Pahoa Hardware Store and when he moved to his new location. And we looked at getting into the new location in the new Pahoa Village and, basically, Lex Brodies just beat me out on that. They already had a, even four years ago they had had a signed contract with the Chases, before the development even began; and I was not privy to the information. And in their contract they had it written up to where no other businesses would be allowed to move in there that are doing competitive work. SPRINGER:Thank you, Mr. Knight. I€d just like to ask for the Commissioners, while this market information and background is interesting, is it proper for us to take into consideration the conduct of the particular, an individual applicant, or are we supposed be looking at the merit of the activity of the land? YUEN:Well, actually, part of the rationale for allowing it within a special permit is that it€s difficult or impossible to find sites that are zoned, so I have no problem with this line of questioning. SPRINGER:Okay, thank you. Thank you. KNIGHT:May I also mention the items on the list there that I had looked at are only a portion of the many other available pieces of land, both that were zoned correctly and would have like a residential house on it, or they weren€t zoned correctly. And we looked at maybe purchasing one to three acres of land up to $200,000 and then hopefully having it rezoned, which was, is a little scary from a business standpoint of spending that kind of money and being committed, you know, to make monthly payments or annual payments of x‚ in hopes of being granted a rezoning. SPRINGER:Thank you. Commissioner Siracusa. SIRACUSA:Any my final question to you which I had already asked but you haven€t answered yet -. 8EXHIBIT B KNIGHT:Okay. SIRACUSA:Was whether you would be willing to look outside that five-mile radius? KNIGHT:Yes, Ma€am. SPRINGER:Okay. Commissioner Graham was it? GRAHAM:It is. SIRACUSA:Still. SPRINGER:Thank you. I wasn€t sure whose hand was raised. GRAHAM:Mr. Knight, I€m noticing that the parcel itself is a relatively narrow parcel, andoneoftherequirementswehaveonspecialpermitsisthattherebenosubstantialadverse effect to neighbors. So you obviously own one of the parcels on one side, so you€re obviously not worried about the effect on that parcel. I was just wondering about the neighbor on the adjoining side, if you€ve contacted that neighbor, I€m sure you have, and have you had any response from that particular neighbor whether it€s okay with him or her? KNIGHT:Yes. My particular neighbor, Mr. Lawrence, to the left of this drawing here on that boundary there, we have had a good relationship for many years since we purchased in there and did not have a business for many years. We were residents and neighbors with him. He€s one of the older residents on our road. And we have since gotten to know the newer residents that have moved in and built recently. And we have a very good relationship with all of them, both as friends and neighbors, and we do some work on their vehicles for them, too. So we add a lot of security to the road. We€ve been involved with helping the police stop and put a handle on some of the theft that has happened and occurred around the steam vent area. Because our road was being used for theft, both on motorcycles, bicycles and with cars stealing from the tourist vehicles being parked on the side of the highway there at the steam vent area. And, in addition to stopping other numerous nonresidential traffic on our road and putting a curb to some theft of our neighbors also, we€re there watching and listening every day. And our neighbors do appreciate the security factor that we€re providing. Oh, yes, and also you€ll see attached, there should be a letter of support there also from Mr. Lawrence. SPRINGER:Is that Robert E. Lawrence? KNIGHT:Yes, Robert E. Lawrence. SPRINGER:Thank you. GRAHAM:Thank you. SPRINGER:There is. Commissioners, any additional questions? Commissioner Iwashita. 9EXHIBIT B IWASHITA:Thank you. There was one reference in one of the documents about CCR, what I call CRRs, restrictive covenants and so forth; but I didn€t see any documentation of that. So are you aware of any restrictive covenants on how the land can be used? NISHIMURA:May I respond to that? IWASHITA:Sure. NISHIMURA:There are no restrictive covenants that apply to the Phase I increment of the Leilani Estates Subdivision. It€s not part of the community association; and they are not part of the covenants that apply to the rest of the subdivision. IWASHITA:Okay, I€m not really familiar with Leilani. So when you say Phase I you€re talking about this Malama Street area? NISHIMURA:That€s correct. IWASHITA:And that the restrictive covenants that are apparently being referred to applytotheotherpartofLeilaniEstateswherethere€samainentrancethen? NISHIMURA:That€scorrect. IWASHITA:Okay. Is that the staff€s understanding? DARROW:Yes it is. We€ve contacted the community association and they confirmed that information. IWASHITA:And that is that this particular parcel is not subject to any CC&Rs? DARROW:Correct. IWASHTIA:Thank you. DARROW:We had requested comments from the association. And when we did not receive any, we contacted them; and they had informed us that this particular parcel was not under their restrictions, as well as the CC&Rs of the Leilani Estates Subdivision. SRINGER:Thank you. Commissioner Siracusa? SIRACUSA:Yes. I just wanted to say that the, what they call the first increment in Leilani was built, it€s called that way because it was built first; and that was before the covenants. And Increments II and III have the covenants. They are governed by the Board of Leilani Estates. The first increment is not governed by the Board of Leilani Estates. Besides not having the covenants, there are a lot of other things they don€t have as well. And so it€s a whole, it might as well be a different subdivision for all it means, yeah. SPRINGER:Thank you. Commissioners, any further questions for the applicant or his representative? Seeing none, we are ready for a motion then. Is there a motion? 10EXHIBIT B SIRACUSA:I would sort of like to add something to the Condition No. 2 regarding the five-mile radius. I would not like to limit it to five; and applicant has already stated that he would be willing to look farther afield if something came available. SPRINGER:I€d just like to ask Director Yuen to respond to that. The Department seems to have been using that five-mile radius as somewhat of a standard in other applications that we€ve looked at. YUEN:Yeah. We are, what we€re looking at is the General Plan has, in the past, had Keaau and Pahoa as the commercial areas. Then in between the two you have a lot of subdivisions, like Paradise Park, with a lot of people; and so we supported a General Plan Amendment to Orchidland there. But this, if the idea is that, here you have a business and you do have a lot of people in the Pahoa area and he€s trying to serve them; and we want them to go intoPahoa,ifhe€sgoingtoservethePahoaarea.Nowifyouchangetheradiusandsayyou now -. The next area would be in Orchidland; so if something opened up in Orchidland, he would have to go to Orchidland. That would be the effect of it. I would say now let€s keep it at Pahoa where he has to go to. And if you made it even farther, then he would have to go to maybe like Shipman Business Park, which we€re not, we€d look at that and we€d say, well, that€s a little far if we€re trying to help people have a business in the Pahoa area. To take care of those people to say, well, you could go to Shipman, we€re not taking that position. SPRINGER:Thank you. Commissioner Siracusa? SIRACUSA:Yeah, it was because, thinking about, you know, the distance from Leilani, not as the crow flies but as the roads go. I believe that even the Malama Market Place would be more than five miles and certainly going up the dump road, which there€s some areas there that might be suitable for industrial in the future. That€s -. YUEN:Well, if he wants to go, you know, if he finds some place to go to that he wants to go and it€s ten miles away, there€s nothing in the condition that stops him from doing that. It€s just that the way the condition is written if something is available that€s within five miles we expect him to relocate to that. So if you make it farther than it makes it, it creates a more likelihood that he would be required to move in that five-year period. But if he, you know, if he finds a, and I don€t know where he would go, but if he chooses, you know, if he finds, if he gets an area in this Orchidland area, or if he wants to go some place else and have his business, he can do that. There€s nothing, as I say, there€s nothing in the condition that stops him from doing that. SIRACUSA:Okay, thank you. SPRINGER:Commissioner Iwashita. IWASHITA:I have a question about the last sentence in Condition 2 which talks about the five-year effective date; and the last sentence says the applicant shall have a reasonable time period to effect the relocation. I don€t quite, so does that anticipate time beyond the five years or does the relocation have to take place within the five years? 11EXHIBIT B YUEN:No, that should apply only to the five-year (sic) radius part; and what this means is that -. There€s a maximum of five years. But if, say, somebody took a site in Pahoa, rezoned it to village commercial and was leasing out areas for people to have smallbusinesses, we would expect the applicant to relocate to that site, but we wouldn€t expect it to happen the day that the leases became available. You know, we would work with the applicant that they would have a reasonable time period in which to accomplish the relocation; but there is a five- year limit as it stands. So the reasonable time doesn€t apply to that five-years, it just applies to the scenario where there€s an available site. IWASHITA:Okay. Cause that, yeah, I guess the way it€s written now it seems to me that some argument could be made that after the five-year period expired then he still has another additional amount of time. But you€re saying that this last sentence really just applies to the second condition, that is if commercial/industrial zoned land becomes available then he has a reasonable amount of time after that availability to relocate to that area. Is that right? YUEN:Yes. We could amend the second sentence to say the applicant shall have areasonabletimeperiodtoeffecttherelocationifcommerciallyindustrialzonedlandsbecome available within the five-year period. IWASHITA:Okay, that would clarify that. That€d be great. YUEN:Yes, that€s fine. SPRINGER:Thank you. Commissioners, any further discussion? Commissioner Siracusa. SIRACUSA:I was just wondering how, what Director Yuen was saying would play out with Condition 15, which deals with extension of time for the performance of conditions, seeing that one of the conditions is, of course, the relocation. YUEN:Well, 15 as it is worded is okay. It€s consistent. It just means that we can€t extend that five-year time period. That has to go back to the Commission. SPRINGER:Thank you. Commissioners? Further discussion? Seeing none, is anyone prepared to make a motion? Commissioner Watanabe. WATANABE:Okay. In the matter of Special Permit Application (SPP 05-010), I move that we grant approval, oh, -. Okay, maybe I€m not ready. SPRINGER:We see the elders helping the youngers. Mahalo, Commissioner Iwashita. WATANABE: Okay, I move that the application for Special Permit (SPP 05-010) be approved based on the Planning Director€s recommendation and proposed conditions, inclusive of the revised wording to the last sentence in Item 2. SPRINGER:Thank you. IWASHITA:Second. 12EXHIBIT B SPRINGER:It has been moved by Commissioner Watanabe and seconded by Commissioner Iwashita that this special permit (SPP 05-010) which is a request to legitimize an existing auto repair shop be approved. Is there any discussion? Seeing none, Jeff, may we have the roll call. DARROW:Thank you, Madam Chair. Commissioner Watanabe? WATANABE:Aye. DARROW:Commissioner Iwashita? IWASHITA:Aye. DARROW:CommissionerAlameda? ALAMEDA:Aye. DARROW:CommissionerGraham? GRAHAM:Aye. DARROW:Commissioner McCall? MCCALL:Aye. DARROW:Commissioner Siracusa? SIRACUSA:Aye. DARROW:And Madam Chair? SPRINGER:Yes. DARROW:The motion passes seven to zero. SPRINGER:Thank you. NISHIMURA:Thank you. SPRINGER:You€rewelcome. You€ll be informed in writing of our decision. KNIGHT:Thank you to the whole Commission. SPRINGER:You€re welcome. 13EXHIBIT B The discussion ended at 12:18 p.m. Respectfully submitted, Sharon M. Nomura East Hawaii Secretary 14EXHIBIT B