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HomeMy WebLinkAbout2008-01-03 tkona PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT August 1, 2003 A regularly advertised public hearing on the application of KONA, HI HOSPITALITY GROUP, LLC (SMA 03-008) was called to order at 5:46 p.m. in the Beach Resort, Kahaluu Ballroom, 78-6740 Alii Drive, Keauhou, North Kona, Hawai`i, with Chairman Fred Galdones presiding. PRESENT:Fred GaldonesABSENT & EXCUSED: Hannah Springer Earl Fujikawa Bill Graham Florence Kubota Jeffrey McCall Aurelio C. Mina, Jr. Francis Smith Hannah Springer Bill Thibadeau Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Staff Planner Daryn Arai, Staff Planner Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Kiran Emler representing Department of Public Works And approximately 7 people from the public in attendance APPLICANT: KONA, HI HOSPITALITY GROUP, LLC (SMA 03-008) Special Management Area Use Permit to allow the construction of a 3-story, 76-room hotel and related improvements. The property is located along the south side of Sarona st Road and across from Kuakini Tower, Honuaula 1, Kailua-Kona, North Kona, Hawaii, TMK: 7-5-7:9. GALDONES:Commissioners, we are on Agenda No. 4. The Applicant is Kona, Hi Hospitality Group, LLC (SMA 03-008). This is a Special Management Area Use Permit to allow the construction of a 3-story, 76-room hotel and related improvements. Norman? HAYASHI:Thank you, Mr. Chair. Again, to the site map located on the wall, this is the Kailua urban area. Palani Street, or Road, is going in this mauka-makai direction. This would be Queen Kaahumanu Highway going towards Keauhou and to Kawaihae. Kuakini Highway is situated in this black line going in a north-south 1 direction. This is the Hale Halawai County facility in Kailua Bay. The subject property is located in, where this green dot is located off of Sarona Road. Sarona Road is this white narrow roadway which goes, currently goes in a makai to mauka direction. ItÓs a one-way roadway. And this would be Kakina Road along this side of the property. The McDonaldÓs complex restaurant is located here, and we have the Kuakini Towers located at this particular corner which is Kuakini and Sarona, and Alii Plaza would be located at this corner here. Going to the site map that was presented by the Applicant, again orientation, this would be in a, this would be north and this would be south, this would be mauka and makai. This is the subject property outlined in blue and some portion in yellow. This would be Kuakini Highway and Sarona Road and, again, Sarona is a one- way road, it goes from makai to mauka. The Applicant is proposing to construct the 76-unit hotel complex in this general configuration. As indicated in the staffÓs Background Report, thereÓs also a crypt or historic site. The crypt has some burials under, beneath it, and thatÓs in this particular location. This is a rendering of the small hotel, 76-unit hotel, 3-story hotel that the Applicant is proposing. The Applicant intends to complete construction of this particular facility by year 2004, at an estimated cost of $5 million. Just as a matter of information, the County will be doing some i Kuakini Highway, starting, commencing sometime in 2004, spring o improvements would include some construction activity or widening of Sarona Road to two lanes up to this subject property or the general access of the subject property. And that would be for this particular Sarona Road, the proposed improvement would be for two lanes. The makai portion would still be one way, up until the driveway access. And, so, the improvements also will be right-turn in, right-turn out, Highway. Staff is recommending approval of this particular request, as you all received a copy of the Recommendation. We had submitted to you this morning an ame No. 3 relating to traffic and, basically, to make it clear as to what the proposed improvements would be. If you want, I can read that; but IÓm sure all of you received a copy of that this morning. Are there any questions at this time? GALDONES:Commissioners, any questions of Norman? Mr. Fujikawa? FUJIKAWA:Norman, which side is the old Bank of Hawaii Building? HAYASHI:The old Bank of Hawaii Building is situated towards the south on the blue map. It would be in this general location. FUJIKAWA:So youÓll be in the back rear of the parking lot, right? 2 HAYASHI:Correct. FUJIKAWA:Thank you. GALDONES:Commissioners, any further questions? Hearing none, will the Applicant or his representative, please step forward? Mr. Fuke, please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the HawaiÒi County Planning Commission? FUKE:I do. GALDONES:Mr. Fuke, state your name and your residence address and you may begin -. Wait, name and address for now. FUKE:Thank you, Mr. Chair. It has been a long day. My name is Sidney Fuke, IÓm a Planning Consultant. IÓm here assisting the Applicant on this matter, Kona Hospitality. Mr. Robert Saunders is also in the audience. HeÓs the local representative for the developer. We also have the architect in the event the Commission wants to ask questions of the architect, Mr. Boone Morrison. The staffÓs Background Report and the Recommendation, as well as the proposed amendment as was circulated by your staff earlier today, were reviewed by the Applicant; and the Applicant found the Background Report, the Recommendatio to be totally accepted. Your staffÓs report was fairly comprehensive as well the presentation. I would like to note, however, that, just for the record, that the property is not on the corner of Kuakini and Sarona Road. There is an intervening parcel between this parcel and the Kuakini Highway. I think Mr. Fujikawa is very familiar with that particular so-called neck-of-the-wood. The architect has, at the instructions of the owner, had designed a building that would be very much typical of the Kona way of life. They had used a lot of the design criteria that was established in the Kailua Village Design Plan; and, as a result, what you see on the poster board is, the rendering rather, is a shot from Sarona Road looking directly at the proposed type of hotel. They intend to use, as you can see, the colors are pretty much along that line. They would want to have like a multi-pitch roof. TheyÓre going to have a railing, you know, at the different levels to just kind of soften the building, retain a lot of the native rock wall, the existing plumeria trees in the front to the extent that they can be retained along Sarona Road. You know, it will all be kept. There is, as your staff point out, there is a crypt located at the southwestern corner of the property; and itÓs identified in orange on the site map. Well, that falls on the subject property. For years it has been the area where it hasnÓt been kept up and it has been just subject to vandalism, and people do drug traffic and all that stuff. So what the architect had done, again, at the direction of the owner, was really try to incorporate that particular crypt into the design of the project. And so by providing this sense of ownership, you 3 know, to the project then you feel like itÓll be not, itÓll be like a win-win situation, both for the archeological feature over there as well as for the project itself, Òcause it provides a different type of cultural amenity to the site. Aside from that, if there are any questions, IÓd be more than ha GALDONES:Commissioners, any question of Mr. Fuke? No questions? If thereÓs no questions, Mr. Fuke, I guess the same concern that was raised this morning regarding the addition of developments as it relates to taxing the infrastructure, I guess, thereÓs some concerns being raised in this development. FUKE:That is correct. To some extent, you know, I think there has to be some distinction between the infrastructure burden and infrastructure responsibility of respected developers versus the infrastructure that might be a little bit more global in concern. For example, you might look at, along, in Kona, for example, in the South Kona area or like in Central Kona, at this point in time, thereÓs only one way north and south; and the Kainaliu town, for example, might be excessively congested during certain periods of time. But does that necessarily mean that if you have a project in South Kona or, for example, north of Kainaliu town, then, should the burden of responsibility rest with that particular developer or should it be addressed more globally by the powers that be? And, again, in this particular situation, you know, the Applicant obviously canÓt address the overall Kuakini Highway improvement issue. However, as it relates to this particular project and what will make it flow more efficiently, the developer would be in a position to do that. As such, what your staff has recommended is that in the event the County does not make, does not go through with the improvement plans for the Kuakini Highway and Sarona Road, then the developer is obligated to front, so-called, the required improvements on Sarona Road so that it becomes like a right-turn in/right-turn out, exactly as how the County had envisioned in its Kuakini Highway Improvement Plan. GALDONES:Thank you. Commissioners, if thereÓs no further question, staff recommends approval. KUBOTA:I do have a question of staff that I just found. Norman, transmittal from the Department of Land and Natural Resources, t regarding the crypt? You know, in our, on page, this is Exhibit E, they speak of two conditions that should be included. One, which has to do with the development proceeds in accordance with the approval of a burial treatment plan; and No. 2, that the data recovery mitigation is undertaken in accordance with an approved data recovery plan. I looked at our conditions and my question is, is No. 8 and 9 in our conditions as proposed enough to satisfy that recommendation? FUKE:Mr. Chairman, if you, if I can kind of partially respond to that question. See Condition No. 8, maybe I should back up a little bit. There was an archeological inventory survey done on the subject property. And when that survey was 4 done, it said essentially there were two major features on the property; one was the crypt, and the other one was the, a habitation area. And the archeologist report said that the habitation area should go through data recovery. However, when it was subsequently reviewed by the DLNR, DLNR initially concluded that data recover And, I guess, depending on whoÓs reviewing it, then the second review around, then, the same DLNR agency said, ÐNo, I think data recovery is needed.Ñ So I think your staffÓs report does not necessarily cover the data recovery; and it makes it clear that you have to have a burial treatment plan; and that has been done right now by the same archeologist. However, like, if DLNR wants to have the data recovery done, it will have to be done by the developer independent of what this condition says, because they need to have a grading permit issued, you know, grading or grubbing permit issued, you know, prior to any construction activity and DLNR signs off on it. So -. KUBOTA:Yeah, thatÓs my concern. ItÓs not, I donÓt see it reflected in our conditions. FUKE:ThatÓs right, itÓs not in here. And even if itÓs not in here, if DLNR still insists that data recovery is needed, then they will require that before the grading permit is issued for the site. KUBOTA:Okay. Part of the thing is that there seems to be like s difference of opinion within DLNR, as far as whether data recovery is or is not needed for the remaining site. And I think by leaving that up to the DLNR in the end, it would be better, rather than having it mandated in the condition now, because they might change their position again. GALDONES:Commissioner Kubota? KUBOTA:I feel rather uneasy after all the problems that cropped up with burial sites and archeological findings and protection of sacred lands. I would feel more comfortable if our conditions reflected some verbiage of our knowledge that we are recognizing the report of DLNR. If they should they change their minds later, well, thatÓs up to them. GALDONES:Perhaps Commissioner -. KUBOTA:I donÓt know how to verbalize it. I donÓt know how to put it into a condition or language, but I would feel a lot more comfortable. GALDONES:Okay. Then perhaps when we do take action on the subje you may want to introduce that as an amendment for consideration. I forgot that there are two people from the people who had signed up to testify that I need to address, also. But, Commissioner Graham? GRAHAM:ThatÓs okay. 5 GALDONES:Okay. Duane Erway and Tom Fine, Sr., please come forward. They probably have already left. So we are in action mode. Commissioner Kubota, you would like to introduce that as an amendment to the conditions? KUBOTA:Are you asking for a motion? GALDONES:Yes. FUKE:Mr. Chair, if I can just kind of -. If IÓm hearing what youÓre saying correctly, and I might not be hearing it correctly, would it be something along this line, that in the event that DLNR requires a data recovery plan and its implementation be required for the habitation site, the other remaining site on the property, it shall be done prior to issuance of any land disturbance permit -. KUBOTA:Perfect. It sounds great. FUKE:Something along that line? KUBOTA:Yeah. FUKE:So that would mean that if DLNR doesnÓt require it, then it doesnÓt become a requirement. KUBOTA:Fine. That suits me fine. Thank you. FUKE:Okay. GALDONES:Okay. IÓd like to call on Mr. Yuen. YUEN:Yes. I would request an amendment, a complete change to No again, paragraph 3, my apologies. And the reason is that, as written, paragraph 3 is a little confusing as to, because it starts off as what happens if the Kuakini Highway improvement is not completed; and then the second sentence is meant to apply whether or not the Kuakini Highway improvement is completed. But itÓs not is written. Just, for a little bit, and I know it is late, for a little bit of background, the Sarona Road/ Kuakini Highway intersection has to be improved before this hotel can be opened. WeÓre not responsible to permit that. The County, fort landowner, the County has the project on the books and is planning to do it. But sometimes things donÓt go as planned. So the wording, the first sentence of paragraph 3, would not be -. ÐIf the Kuakini Highway/Sarona Road intersection improvements, planned by the County, are not completed prior to occupancy of the hotel, the Applicant shall construct the Kuakini Highway/Sarona Road intersection improvements in the manner shown in the Department of Public WorkÓs plans for the intersection.Ñ ThatÓs the first sentence. 6 The second sentence is, ÐIn either case, the Applicant shall improve Sarona Road from the end of the Sarona Road/Kuakini Highway intersection improvements to the western edge of the property to accommodate two-way traffic meeting with the Department of Public Works.Ñ IÓm sorry, Ðprior to occupancy of the hotel.Ñ Yes, IÓm sorry. GALDONES:Mr. Fuke, you had a question on that? You understood t amendment? FUKE:No, not quite. It might mean the same things. IÓm just tr understand. YUEN:I think, it supposed to mean the same thing but let me read it again. ÐIf the Kuakini Highway/Sarona Road intersection improvements, planned by the County, are not completed prior to occupancy of the hotel, the Applicant shall construct the Kuakini Highway/Sarona Road intersection improvements in the manner shown in the Department of Public WorksÓ plans for the intersection.Ñ Okay, first sentence. Second sentence, ÐIn either case, the Applicant shall improve Sarona Road from the end of the Sarona Road/Kuakini intersection improvements to the western edge of the property, to accommodate two-way traffic, meeting with the approval of the Department of Public Works, prior to occupancy of the hotel.Ñ FUKE:But that first, isnÓt the first portion saying that it has to be improved one way or the other, whether itÓs going to be done by the County or done by the Applicant before issuance of occupancy permit? YUEN:ThatÓs right. But that only covers the intersection improvements. This first sentence covers the intersection only. FUKE:So the thought right now is to expand the scope of the level of improvements from the intersection, you know, to include not onl know, all of the improvements at the intersection? YUEN:No. Just the, first, you -. Okay, first sentence, if the doesnÓt complete the intersection improvements before youÓre ready for occupancy, youÓd either have to wait or you build the improvements.Ñ ThatÓs the first sentence. Is that the way you understood it before? FUKE:Well, now itÓs getting a little clearer. YUEN:Yes. FUKE:Okay, so, when youÓre referring, see, because the intersection also refers to other components of the project. You know, it relates to improvements on the mauka side of the Kuakini Highway and that mauka improvements th whatÓs going to happen to, whatÓs that road, right beyond on that, on the north side, 7 Palani and beyond, you know, like, where you have the stop light. So it could then, you know, by that condition, it could conceivably hold up the whole project if in event the County just doesnÓt do this project at all. So what weÓre kind of suggesting, you know, as a means to mitigate the issue was that the developer would provide the improvements necessary in and along Sarona Road exactly like how the plan show and if needed, too, you know, just stretch out into the Kuakini Highway intersection portion to allow for the reasonable transition to do the right-turn in and right-turn out. But to make the full intersection improvements, which would also require making impro mauka side of Kuakini Street, Kuakini Highway, which then, also, it relates to, you know, would be functional only if the balance of the Kuakini Highway improvements are made, would be kind of unrealistic. YUEN:County, should we just say the improvements on the, interse improvements on the makai side of Kuakini? EMLER:On the Kuakini Highway improvement plans, it does show proposed improvements to Sarona Road. I think if you just left it at the, with the Sarona Road improvements on the Kuakini improvement plans, it describes intended to build. If thatÓs what youÓre trying to indicate on the condition, is that if the County has not built that, then the hotel canÓt open until they complete Sarona Road improvements from Kuakini Highway to the western most portion of improvements from Kuakini Highway to the western most portion of Applicant would have to complete those prior to the opening of the hotel. I think thatÓs what weÓre trying to say in it; and it has to accommodate two lanes of traffic all the way from Kuakini Highway to the western most portion of the hotel property. YUEN:Well, specifically, what we would want them to do. The County did not do, had not done the Kuakini. We would want them to make a right-turn lane into the project, widen Sarona, and a right-turn out of Sarona onto Kuakini, right? EMLER:Right-turn lane used very loosely, I would say. WeÓre trying to prevent left-turn traffic out of Sarona once the hotel opens. By the time the hotel opens, we wouldnÓt want. I believe thatÓs what the intention is here because the traffic study is saying this is whatÓs going to be the restriction once the hotel opens, is there would be no left-turn traffic out of the Sarona Road. ThatÓs another question as to whether weÓre going to make that a condition of the opening of the hotel, whether or not the County does itÓs Kuakini Highway improvements or not. WeÓre going to prevent left turns out of Sarona Road if the County has not completed Kuakini improvements, as result of this project. YUEN:Yes. That is the plan. I mean, if the County does Kuakini before they open the hotel, which is I think your hope and the CountyÓs hope -. EMLER:ThatÓs the idea, yeah. 8 YUEN:No problem. The improvements are done and left turn is prohibited. Now, what weÓre dealing with is if, as sometimes happens in the real world, something happens to our Kuakini project, then what do we want t said that he doesnÓt want to do the whole intersection Òcause it includes the other side of the road -. EMLER:IÓm not sure I understand what you mean by the other side road. YUEN:Other side of Kuakini. EMLER:I would probably take exception to that. Well, inference -. Okay. YUEN:Let me say if we just said Kuakini Highway/Sarona Road intersection improvements on the makai side of Kuakini, is that a problem for you? EMLER:I would say thatÓs appropriate. YUEN:Okay. And those intersection improvements include either, is there an island that keeps somebody from turning left out? EMLER:Kuakini plans presently show an island that would restrict left turns. YUEN:Okay. FUKE:That is correct. If you look, yeah, in the application that we had filed like on page 11, figure 6, thereÓs a diagram of what the intersection improvements would look like. YUEN:So, let me see if this works for you, okay? If the Kuakini Highway/Sarona Road intersection improvements planned by the County are not completed prior to occupancy of the hotel, the Applicant shall construct the Kuakini Highway/Sarona Road intersection improvements on the makai side of Kuakini Highway in a manner shown in the Department of Public WorksÓ plans for the intersection.Ñ EMLER:Director Yuen, IÓm wondering if we really need to put the word ÐintersectionÑ in there at all. CouldnÓt it just be left with Sarona Road improvements? YUEN:Would those include some work on Kuakini? ThereÓs no work Kuakini to make a turn into Sarona? ThatÓs why I called it the intersection. ThereÓs going to be some kind of a turn lane to go -. EMLER:Then can add, Ðand Sarona Road improvements,Ñ Ðintersectio Sarona Road improvements.Ñ Because it goes beyond the intersect 9 YUEN:No. But thatÓs the second, thatÓs the second sentence. EMLER:Okay, okay. YUEN:Right. In either case, ÐThe Applicant shall improve Sarona Road from the end of the Sarona Road/Kuakini intersection improvements to the western edge of the property to accommodate two-way traffic, meeting with the approval of the Department of Public Works prior to occupancy.Ñ EMLER:Yes. GALDONES:Mr. Fuke, you -? FUKE:I think, conceptually, itÓs okay. We were just kind of discussing about the specific language. You know, for example, if the improvements just never did materialize, you know, and the County changes, uses the money to fix Palani Road, for example, then, you know, this plan may not really be appropriate more appropriate is that if the language can be structured wherein the Applicant will be responsible for improving the Sarona Road section, you know, leading up to the Kuakini Highway intersection, meeting with the approval of the Department of Public Works. And that way the Public Works Department will be in a position to say, okay, maybe you should or should not put in an island and all that stuff. If the funds are available, the funds are available; but if, in fact, the improvements actually materialize, then obviously this is what youÓd want to have. But, on the other hand, if the improvements for some reason donÓt get in, then maybe this is not the kind of scheme that you ultimately want to have. But you definitely want to have like a two-way movement on Sarona Road and make some improvements at that intersection to accommodate the two-way movement, and leaving that discretion to the Department of Public Works. I think this is what we were just talking about. YUEN:IÓm agreeable to that and I know how we can say that or whi simply -. Instead of saying, at the end of the first sentence, Ðin the manner shown in the Department of Public WorksÓ plans for the intersection,Ñ we would say, Ðin a manner meeting with the approval of the Department of Public Works.Ñ SAUNDERS:IÓd like to be sworn in, sir, so I can -. GALDONES:Okay. Please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning C SAUNDERS:I do. GALDONES:State your name and your residence, please? SAUNDERS:Robert Saunders, Hilo, Hawaii. 10 GALDONES:Okay, Mr. Saunders, you may begin. SAUNDERS:Robert Saunders, Hilo, Hawaii. The thing I would be concerned about -. First of all, if thereÓs a concern about left, no left turns at the top of Sarona Road, I donÓt know whatÓs keeping the County from doing it right now. I think they could do it. But, secondly, I think we need to have a better idea of what, how extensive these improvements are. ThatÓs why I need -. And I apologize to you folks, too bad these discussions are happening now in front of all you so late in the day and all these technical type things. I had hoped we had this, I thought we had things th worked out and now this thing comes up at the 12 hour. I donÓt want to be in a situation, I would like to avoid a situation where thereÓs not some limit to the extent of the improvements we would have to make in order to open our hote had earlier that talked about Sarona was very clean and defined and thatÓs why we could agree to it. As we get further into that intersection, I know that can be very, very expensive. I donÓt have a handle of what those costs would be. If weÓre talking about getting reimbursed at some point in the future, we can certainly do that. But if itÓs talking about us paying for work out into Kuakini without having a better feel for the extent of those improvements, it would be difficult to agree to that. YUEN:Let me -. You can turn left from Sarona now but you donÓt 76-room hotel there, which greatly increases the number of people that might want to turn left. Your analysis on traffic assumes that the Kuakini pr SAUNDERS:It looks at both ways, with or without. YUEN:And then what are the improvements proposed if itÓs without? SAUNDERS:I would rather have the traffic engineer talk about that. FUKE:Can I, IÓm not a traffic engineer. But before going down t IÓm just kind of wondering, just a question of the Planning Director. You know, in light all of the discussions, wouldnÓt the, your amended proposed Cond know, amended as was presented this morning, you know, by your s pretty much like along the lines of what youÓre trying to further clarify and -?. ÒCause it would read that ÐShould the Kuakini Highway improvement project planned by the County not commence prior to the opening of the hotel, as represented by the Applicant, the Applicant shall improve the section of Sarona Road to accommodate two-way traffic from Kuakini Highway to the western most makai portion of the property,Ñ and everything, Ðand meeting with the approval of the Department of Public Works prior to occupancy of the hotel.Ñ YUEN:The difficulty I have with not saying ÐintersectionÑ is that there is some work on Kuakini connected with improving the intersection, I mean, improving Sarona Road. ThereÓs a transition from Kuakini into Sarona and out of Sarona, and I think thatÓs the, thatÓs really the extent of the, that and the island are the extent of the 11 intersection improvements, right? Not the intersection itself, apart from widening Sarona which you clearly have to do -. FUKE:So the essence of your current amendment was designed to accommodate the transition aspect? YUEN:Yes. FUKE:Okay. EMLER:Just for the record, also, the clarification I believe fro recommendation, or the original condition clarifies the issue of making the improvements, in the, two-lane improvements, all the way to the western-most portion of the property. Those improvements are not shown on the Kuakini Highway improvement plans to that extent and we wanted to make sure thatÓs clear. SAUNDERS:I think if weÓre talking about Sarona Road and the two radius curb gutters, if thatÓs what weÓre talking about, and thereÓs a little island there and thereÓs a, you know, a pedestrian striped walkway, if thatÓs the limit weÓre talking about, that works fine. I donÓt know if, does it include anything beyond that? Are there any grading issues that have to occur? Does the vertical -. IÓve not studied those plans. Is the matter of the roads at the same elevation or is there, doing any grading, changing the elevation of Kuakini to meet Sarona? EMLER:Well, certainly you have an existing condition that you need to match. SAUNDERS:Right. EMLER:And you would need to do that to the maximum extent feasib order to accommodate Americans with Disabilities Act requirements for the continuation of the accessible route on Kuakini Highway. So you would probably need to do curb cuts or some kind of curb ramp on those corners, but the work probabl beyond the point of tangency on the curb return there. SAUNDER:Okay. GALDONES:Commissioner Fujikawa? FUJIKAWA:Yeah, Ki, on this Kuakini, well, you went out of the page up there. Is that new improvement going to widen the road? EMLER:IÓm sorry, IÓm not sure what youÓre referring to? 12 FUJIKAWA:Oh, just where weÓre talking about on the upper section of the map, on the street, where weÓre talking about the, where the small island is, that area, is there going to be a widening of the road, is it new curb and gutter with sidewalk? EMLER:May I approach the table and see what Commissioner Fujikaw was pointing out. GALDONES:Yes. FUJIKAWA:This section here, okay, this is where weÓre talking about. This road here, not back here, this is the target right here. This is McDonaldÓs hamburger right here. EMLER:WhatÓs your question? FUJIKAWA:Are they going to widen the road on the road improvement or is it going to be the same? EMLER:The issue is to improve the connection of Sarona Road to Kuakini and matching the existing improvements that are there or are being built under the Kuakini Highway improvement project. FUJIKAWA:So the new Kuakini Highway improvement project is going to be calling for widening the road, existing road? EMLER:ThatÓs correct. FUJIKAWA:So the Planning Director is saying that the Applicant will not be able to get the data finalized if the County hasnÓt fulfilled their obligation on the road, right, the road improvement? YUEN:If the County had not done the Kuakini improvement, then th will have to improve their intersection with Kuakini. FUJIKAWA:Okay. This is why earlier when I pointed out, I asked about the blue map up there, whereÓs the location of the proposed site. Now, heÓs far away from the sidewalk and curb on Kuakini. This is why IÓm kind of confused. I could see that if his building was right up there in the parking lot area, you know, thatÓs the frontage of the building, but heÓs so far away. HeÓs actually one whole lot away from the curb and gutter. FUKE:Mr. Chairman, if I can try to make it as clear as I underst situation. First of all, the Applicant has absolutely no objection to making the road improvements to Sarona Road. I think that what weÓre trying to get at right now is, in spite of the fact that the property does not abut Kuakini Highway, it knows that, the Applicant realizes that the Kuakini Highway plays an important component, you know, to 13 the success of the project, yeah? But I think weÓre just dealin like the level of intersectional improvements at the Kuakini Highway and Sarona Road. And barring some of the Planning DirectorÓs language, maybe if we can just stick to the amended language and on the third line, if it reads like, ÐThe Applicant shall improve the section of Sarona Road, including its transition from Kuakini Highway,Ñ and just add, Ðincluding its transition from Kuakini Highway, meeting with the Department of Public Works to accommodate two-way traffic,Ñ etc., etc., etc., etc. You know, would that accomplish pretty much what you had in mind? YUEN:YouÓre working from this page? FUKE:Correct, yeah. YUEN:Oh, boy. Hang on. IÓd rather start from scratch, then. W your language, improve Sarona Road, including the transition from Kua -? FUKE:ÐIncluding its transition from Kuakini Highway meeting with approval of the Department of Public Works.Ñ YUEN:Okay. Let me work from my version, okay? ÐIf the Kuakini Highway/Sarona Road intersection improvements, planned by the County, are not completed prior to occupancy of the hotel, the Applicant shall construct Sarona Road improvements, including the transition from Kuakini Highway, meeting with the approval of the Department of Public Works. In either case,Ñ and then the second sentence remains the same. ÐIn either case, the Applicant shall improve Sarona Road from the end of the Sarona Road/Kuakini intersection improvements to the western edge of the property to accommodate two-way traffic meeting with the approval of the Department of Public Works prior to occupancy.Ñ FUKE:Correct. ThatÓs fine. GALDONES:We got that settled. EMLER:ItÓs understood by the Applicant that the present right-of-way of Sarona Road is not wide enough to accommodate two lanes of traff and, therefore, there would be some property that would be dedicated to the County as a result of the improvement project. Is that correct? Is that your understanding? That would be our position. FUKE:ItÓs kind of like our understanding at -. This section of Sarona Road, there may be sufficient right-of-way. I think itÓs more a question of like what level of right-of-way that youÓre referring to. ÒCause if youÓre referring to like a 60-foot wide right-of-way, then, it obviously takes off a sizeable chunk of t EMLER:Yeah, we envision the improvements; and your reference to the Kuakini Highway improvement plans, I think is a good reference in the sense that weÓre 14 looking for two lanes of traffic. And weÓre also looking for pedestrian facility there which you can see as being returned around the corner and that should be continued past the, to the end of the project. FUKE:That is correct. So if it requires like some amount of giving up of the subject property, you know, to accommodate this, I think tha has to be done. ItÓs more of a question of what level, you know. For example, City and County of Honolulu can deal with the curb, gutter, sidewalk section, two-lane, but a 36-foot wide right-of-way. You know, but we, our standards here are either 50 or 60 feet. So itÓs a question like what level of right-of-way are you talking about; and between 36 and 50 feet makes a lot of difference. EMLER:I think thatÓs why on our original recommendation to the Planning Director, we indicated a 31-foot maximum requirement of the width. FUKE:So the entire right-of-way, 31 feet? EMLER:Correct. SAUNDERS:Is what youÓre describing, what is shown on the current plans for the Kuakini widening, including Sarona Road? Is that what youÓre just describing? ÒCause thatÓs what weÓve been using as a reference point. EMLER:What IÓm describing is what you would see at the intersection of Sarona Road to Kuakini Highway, approximately 31 feet scaled on the improvement plans. SAUNDERS:I think weÓre talking one in the same things. I mean, the plans that, in fact, you, Nancy and I had a meeting and we went over that; and so I think weÓre saying the same thing. IÓve not scaled this but if itÓs what the improvement plans say, then weÓre fine. FUKE:I think it pretty much covers, itÓs based on like what the Planning DirectorÓs proposal is Òcause it ties into the Kuakini Highway plan. So -. EMLER:Yes. FUKE:And so if it requires the relinquishing of ÐxÑ amount of feet, then I guess it has to be done because thereÓs a commitment to implemen improvements as it relates to the Sarona Road. But, obviously, itÓs only as it relates to the subject property. There is an intervening property that, you know, they have no control over. EMLER:Right. Thank you very much. 15 GALDONES:All squared away, gentlemen? Okay. Commissioners, any further questions before the Chair entertains a motion? Commissioner Kubota? KUBOTA:And you accuse me of being long-winded? (laughter) I would like to make a motion. Mr. Chairman, I move that SMA 03-008 be approved by the Planning Commission, along with the Findings and Recommendations made by the Planning Director, with a couple of amendments to the conditions, mainly, No. 3. And I would like to have the final language read slowly by the Director for No. 3, please. YUEN:No. 3, ÐIf the Kuakini Highway/Sarona Road intersection improvements, planned by the County, are not completed prior to occupancy of the hotel, the Applicant shall construct the Sarona Road improvements, including the Kuakini Highway transition, meeting with the approval of the Department of Public Works.Ñ New sentence, ÐIn either case, the Applicant shall improve Sarona Road from the end of the Sarona Road/Kuakini intersection improvements to the western edge of the property, to accommodate two-way traffic, meeting with the approval of the Department of Public Works prior to occupancy.Ñ MINA:Second. GALDONES:Commissioner Kubota? KUBOTA:Thank you. Staff, you got that? GALDONES:Commissioner Kubota, is that all to your -? KUBOTA:ThereÓs another one. GALDONES:ThereÓs another one, right? KUBOTA:ThereÓs another amendment, yes. By addition to, I think it was Condition No. 9, no. No. 8, Condition No. 8, as read by the Applicant, which takes care of my concerns; and that would be it. MINA:Second. GALDONES:It has been moved by Commission Kubota and seconded by Commissioner Mina that Application by Kona, Hi Hospitality Group, LLC (SMA 03- 008) be approved, along with the Findings and the Recommendation Condition No. 3, as read by the Director, and Condition No. 8, a Mr. Fuke. Further discussion on the motion? Commissioner Fujik FUJIKAWA:Now IÓm concerned about, IÓm putting myself in the position as the Applicant. Now supposing that I build a building and then itÓs, you know, the roadway is not completed. Now, the County is going to tell me to finish the road, am I going to be reimbursed to doing their work? 16 YUEN:No. You know, if the County is planning an improvement the then weÓll fix the intersection. Okay? If that intersection, if that improvement falls off the books, the County canÓt fund it, and they want to build their hotel, then they have to fix the intersection. FUJIKAWA:Why donÓt the County straight out and say, hey, I canÓt afford it? YUEN:Pardon me, what? FUJIKAWA:Why donÓt the County straight out and say, I canÓt afford it? YUEN:Well, the County is planning to do it. FUJIKAWA:How can I budget for it? YUEN:Who budget? FUJIKAWA:If I were to be the builder, how can I budget for it -? YUEN:Yeah, they can either wait for the County to start the project or they can take the chances. I mean, there is such a, it has to get fixed to improve the hotel, to open the hotel. FUJIKAWA:So youÓre telling the Applicant, me, the County havenÓt fulfilled the obligation and for, I, to finish up the road. My concern is do I get paid back from the County? YUEN:No, you donÓt. And this is no different than a hundred oth situations that weÓve dealt with. If you have, you want to build a facility on a County road thatÓs not adequate, if you have a bad intersection, then weÓre going to make you fix the intersection. Now, if the County isnÓt planning to do a project, then you have to pay for it. ItÓs your hotel. And if the County, 10 years later does a project, then the County isnÓt going to pay you back for having done that, that improveme improvement to open your facility, or whatever you want to do. So, thereÓs nothing unfair about that. They made the improvement. ItÓs their good fortune that the County is going to do these, has these improvements slated on the books. But if the County cannot finance it and they want to have this project here, then they have to do the, then they have to pay for the improvements necessary to make the project go. The County shouldnÓt have to pay to make, or pay them back for making improvements thatÓs necessary to their own project. FUJIKAWA:So during construction, would it be advisable for the contractor or developer to go ahead with the road improvement at the time, too? The equipment are there. During the construction of the hotel, also, do the construction of the road improvement at the same time? 17 YUEN:If they start building the project, and the County has not let a contract out for Kuakini, then, maybe they should do that because they are taking a chance on that in that circumstance. FUJIKAWA:Yeah, because time is money. GALDONES:Any further discussion? Norman? HAYASHI:Did someone second the motion? GALDONES:Seconded by Commissioner Mina. HAYASHI:Oh, sorry. Commissioner Kubota? KUBOTA:Aye. HAYASHI:Commissioner Mina? MINA:Aye. HAYASHI:Commissioner Smith? SMITH:Aye. HAYASHI:Commissioner Thibadeau? THIBADEAU:Aye. HAYASHI:Commissioner Fujikawa? FUJIKAWA:Aye. HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner McCall? MCCALL:Aye. HAYASHI:Chair Galdones? GALDONES:Aye. HAYASHI:Motion carries. 18 GALDONES:Thank you, Norman. Mr. Fuke, youÓll be informed in wri todayÓs action. Thank you. The discussion ended at 6:51 p.m. Respectfully submitted, Sharon M. Nomura, Secretary 19