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HomeMy WebLinkAbout2005-09-30 TINABA PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT SEPTEMBER 30, 2005 A regularly advertised hearing on the application of YOSHIO INABA, ET AL (REZ 05- was called to order at 2:55 p.m. in the Hapuna Beach Prince Hotel, Hau/Lehua Room, 003) 62-100 Kaunaoa Drive, Kohala Coast, Hawaii, with Vice-Chairperson Hannah Springer presiding. PRESENT:C. Kimo AlamedaABSENT & EXCUSED: Fred Galdones Hannah SpringerRene€ Siracusa Rodney H. WatanabeJeffrey McCall AllenSalaveaAndrewIwashita William R. Graham Chris Yuen, Deputy Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Ivan Torigoe, Deputy Corporation Counsel And approximately 10 people from the public in attendance. APPLICANTS: YOSHIO INABA, ET AL (REZ 05-003) Application for a Change of Zone for 43.88 acres of land from an Agricultural 40-acre (A- 40a) to an Agricultural 5-acre (A-5a) district. The property is located on the north side of Mamalahoa Highway, adjacent and west of the Hoonani Subdivision, Puukapu Homesteads, nd 2 Series, Waimea, South Kohala, Hawaii, TMK: 6-4-17:40. SPRINGER:I€d like to call this meeting of the Hawaii County Planning Commission back to order. We are on agenda item number 8. The applicants are Yoshio Inaba, et.al. (REZ 05-003). This is an application for a change of zone for 43.88 acres of land from an agricultural 40-acre to an agricultural 5-acre district. The property is located on the north side of Mamalahoa Highway, adjacent and west of the Hoonani Subdivision, Puukapu nd Homesteads, 2 Series, Waimea, South Kohala, Hawaii, TMK: 6-4-17:40. Mr. Hayashi? HAYASHI:Thank you MadamChair and members of the Commission. Referring to the Planning Commission€s overall location map indicated on the wall. Thesubject property is indicated by this red dot. It is situated along the north side of the Mamalahoa Highway, also referred to as Highway 19. This would be in the Hamakua Direction and this would be towards Waimea town. The colors on the map indicate the various zoning districts. The blue shaded areas are lands that are designated agricultural 40-acres. The darker green areasarethoselandsthatarezonedforagricultural1-acrezoneddistrict.Manyoftheseare, consists of non-conforming lots within the state land use agricultural district. We also have severalagricultural5-acrezonelandsthataresituatedinthisparticularcolor.Thisisthe EXHIBIT F 1 lighter green shaded area. And there€s some, towards, in the Hamakua direction. Initially the applicant had submitted an application for an agricultural20-acre to a FA or family- agricultural 4-acre zone district. However, the applicant has since revised his application and, under that proposal there were 10 lots proposed. However the applicant decided to amend his application to come for agricultural 5-acre zone district and that would lessen the number of lots from 10 as originally proposed to 8 lots. The lots if you€ll note on the applicant€s overall subdivision plan or proposed subdivision plan, the subject property is indicated by this red outlined area. There will be 8 lots as I indicated. Two of the lots will gain access from Mamalahoa Highway and that will be these 2 lots. There would be 6 lots taking access off the Hoonani Subdivision roadways. Three lots will be taking off of Uhiwai Street and those will be these 3 lots here. Three lots will be, gain access from Hauhoa Street within the Hoonani Subdivision, those would be these 3 lots here. So basically, 6 lots will be getting access from the subdivision roads within the-, I mean the roadways within the Hoonani Subdivision. The purpose of the rezoning request is, according to the applicant is to provide smaller agricultural lotsfortheirfamilymembersandpossiblyforotherindividuals.Thewaterisavailabletothe property. Sewer would be by individual wastewater treatment system and the overall cost of developing is estimated at $200,000. There are 2 existing dwellings on the property, one at the front portion of the property and one to the rear. The remainder of the property is normally used for cattle grazing. And usually the applicant graze between 15 to 24 heads of cattle at a time. As I indicated earlier there is the non-conforming Hoonani Subdivision to the east of the subject property and these lots are basically 10,000 square foot in size. We received 2 letters of concern regarding this particular application. The first letter of concern was from Linda Frias who is an adjacent property owner. Ms. Frias€ property is indicated by this red dot situated again to the east of the subject property. Her concerns basically are first of all the water runoff; also the view of Mauna Kea may be obstructed by electrical poles. She also has concerns as to how the waterlines will enter the property and why access can€t be from Highway 19 rather than the Hoonani Subdivision Roads. We also received a letter from Peter Amerling requesting that the application be denied until such time that the Waimea Bypass Road is completed. And all of you have a copy of these letters. We are recommending approval of the subject request with conditions. One of the conditions would be that as far as the access to-from the Mamalahoa Highway that would be limited to one common access for the 2 lots proposed along the highway. And that would be to lessen the number of driveways rather than 2, just to have one common driveway access. We are also requiring that-, recommending a 15-foot road right-of-way be set aside along Mamalahoa Highway or Highway for future road-widening purposes. So basically, we are recommending approval with proposed conditions. Are there any questions? ALAMEDA:Chair? SPRINGER:Commissioner Alameda? ALAMEDA:Thanks Madam Chair. Norman could you just trace for me how the other lots, I see how those 2 front lots would get access to Mamalahoa Highway but how would the-? Could you just kind of trace for me like how would they, say the back lots would come out of their driveway and then how would they get access to the highway? EXHIBIT F 2 HAYASHI:Okay, first of all, the lots in the back there are 3that would take access from Uhiwai Street. What they€ll do is come out of Uhiwai Street and come down to Kipahele Street which is the main Hoonani Subdivision road and would access on Mamalahoa Highway at this location here. The other3 lots also taking access from the subdivision roads would be 1, 2, 3 and they€ll be C, D and E and they would take access off of Hauhoa Street then come south to Kipahele Street and they have access from Mamalahoa Highway. Then these 2 lots bordering the Mamalahoa Highway would have a common access that would access onto Mamalahoa Highway. ALAMEDA:Thank you. SPRINGER:Norman is the road, the Hoonani Subdivision road up to County dedicateable standard? HAYASHI:YesthesewereconstructedtoCountydedicateablestandards,50foot right of way with 20 foot wide pavement. SPRINGER:Thank you. Other Commissioners questions of Mr. Hayashi? Seeing none I€d like to invite the applicant and their representative to come forward. Also we have 3 individuals who have signed up to testify, Al Lasiter, Linda Frias and Dick Matsumoto. Is there anybody else who wishes to testify on this matter? INABA, Y.:I cannot hear good you know. What the question? SPRINGER:At this time I€d like to ask the applicant and their representative and any members of the public wishing to testify on this matter to raise your right hand so I can swear you in at this time. INABA, J:(addressing father) Raise your right hand, she€s going to swear us in. SPRINGER:Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? INABAS/ TESTIFIERS:I do. SPRINGER:Thank you. To the applicant and his representative if you could please give for us your names and address and then the one who will testify first please do so. INABA, Y.:Oh my name is Yoshio Inaba. I reside at 678 Waianuenue Avenue in Hilo, Hawaii. INABA, J.:I am Jason Inaba. 1584 Koele Street, Hilo, Hawaii. SPRINGER:Thank you. Have you received a copy of the County€s Background Report and Recommendation? EXHIBIT F 3 INABA, J.:Yeah. SPRINGER:Do you have any comments to makeat this time? INABA, J.:No. SPRINGER:Thank you Commissioners do you have any questions of the applicant and his representative? Seeing none, we have 3 chairs at the front of the room, at the table. I€d like to invite the 3 members of the public who desire to testify to please forward. Beginning with Ms. Frias, if you could please give us your name and address and then proceed with your testimony. FRIAS:My name is Linda Kuualoha Frias. I live at 64-520 Uhiwai Street, Kamuela. Concerns regarding change of zone application TMK 6-4-17:40, Yoshio Inaba. Presentlythereisatremendousamountofwaterrunofffromthispropertytowardsmy property and the Hoonani Subdivision. There is no infrastructure to accommodate streams of water presently coming from this area and the watershed directly behind these properties. Flooding and standing water occurs to lots at the end of Uhiwai and Kipahele. And I€ve enclosed a photo enclosure so that you can see in enclosure 1 where a lot of this water heads straight for the subdivision and enclosure 2 where the water hits my property. And it comes from 2 basically water flow areas where the water just flows like a river. Ponding of water adjacent to my property during heavy rainfall and constantly muddy soaked during dry periods on lot 101H and 101G. The degree of lots 101H and 101G are severely sloped where water runoff is directed straight towards my property and I sit at the bottom of this gully. Adjacent to these 40 acres sits the Chesebro property where there is a natural water stream that creates more water running through our subdivision from waterfalls off of Puuhaloa and Puukaala. The threat to and I€ve enclosed, and I have an enclosure of 1 and 2 also and I believe the Chesebro property is another party. The threat to the safety of my home is of great concern. I had to build a wall to protect my property from the ponding and the overflow stream that would flow from this pond directly under my house and would go right through my garage wall. This occurred on more than 1 occasion. At the present the wall has stopped the water from flowing onto my property but now it appears to be seeping under my lot and drains out on the Kipahele side of the street through this hole adjacent to the telephone pole. If this land were excavated, graded or changes to the terrain the water would rush faster towards my property and is another life safety concern of mine. I am also concerned about the water seeping under my property and the settling of my house and damage to my foundation. I bought this corner lot because of the view of Mauna Kea and another concern would be the electric poles and how they would enter these lots. I object to poles obstructing my view and I presently enjoy or have electric lines coming from the corner pole in front of my property to these lots, which I€ve enclosed enclosure 3. You can see some of the poles that are coming up Kipahele. They would go right in the front of my- that€s the view from my window, my living room window. I also question the waterlines and how they will be entering this property and the disruption and damage to the road that will create. Not to mention the disruption of peace and tranquility presently enjoyed. The map indicates there will be a turnaround at Uhiwai and Hauhoa Street. I question why entry to these lots cannot be made from Mamalahoa. Additional traffic is another concern and what will stop these lots from being subdivided again once this rezoning is granted. A map of the area proposed for EXHIBIT F 4 rezoning and the topography of this location of concern is in enclosure 4. And you can see the elevation of the land where it€s from 38 and itgoesall the way down to 28, 2800. I strongly recommend this Planning Committee consider and solve all my issues prior to recommending or granting rezoning of these lots for future development. I would like to be heard at the public hearing today. SPRINGER:Thank you ma€am. Commissioners do you have any questions of the testifier? Commissioner Graham? GRAHAM:Excuse me. Ms. Frias? FRIAS:Yes. GRAHAM:We€re going to learn a lot more as this goes along but just kind of off thetopofmyheadsincethisisbeingputinto5-.Thisisbeingrequestedas5-acre agricultural lots I wouldn€t think on the face of it there would be a lot of change to the topography and to the water movements and things like that with runoff. So I€m kind of wondering whether you€re thinking that if we grant this there will be a change and your water situation might get worse as far as runoff or are you thinking if this applicant wants to make this change he should actually improve the water situation that presently exists, which is not very good for you. Or are either one of those sort of points of view where you€re coming from or do you have something different? FRIAS:No I have something different there. The grade of the land that presently on those 2 lots, they€re the highest lots. And that€s where a lot of the water just rushes down. And if they change the grade of that land it€s going to make it worse. If you noted in my enclosure number 2 water comes from 2 areas. And it€s not a small amount of water and it€s not a hundred year flood either, which I€ve had comments somebody said. Well we€ve had a lot of water. I€ve lived there for 8 years now and I€ve had the property for 13. And the slope of this property is my concern and also there is nothing that would take that water away from us if it was to be developed in that area. So if they€re going to subdivide this I would like to see on my side of the property some kind of water-, some engineer come in and put in some kind of infrastructure for that water to flow away from us and not head straight for us. GRAHAM:Thank you. SPRINGER:Commissioner Alameda? ALAMEDA:Ms. Frias did you get? Do we allow the testifiers to have a copy of this? Just wondering. Or I mean-. SPRINGER:Copy of Conditions. ALAMEDA:Do they get preview to this prior to coming or no? HAYASHI:No they don€t. EXHIBIT F 5 ALAMEDA:Okay. HAYASHI:However, there is a copy for public view. ALAMEDA:I was just looking at the conditions and I hear what you€re saying about the water runoff. I wanted to ask maybe the Director on the ConditionG all development- generated runoff shall be disposed off on-site and not be directed toward anyadjacent properties. How strict or how much oversight do we provide on that? YUEN:This is something that the Department of Public Works looks at- infor us during the subdivision stage. We will send the subdivision plans to the Department of Public Works and they would have, they would have the decision-. This requires an engineering study but how detailed that would be depends on the amount of infrastructure. What they would be looking at is that for new pavement in the property they would require a dry well system to dispose of the expected 10-year storm event. If you notice though, if this property is rezoned and subdivided per the plans there€s hardly any site work involved because it all stubs off of existing roads. So it€s likely that there wouldn€t, if that€s what happensit€slikelythattherewouldn€tbemuchinthewayofdrywellsrequired.Andthenif they didn€t interfere with the natural flow of water by doing anything else on the property there wouldn€t be a lot of-, DPW would not require a lot of or perhaps any work to change or fix existing drainage problems. They€re only trying to keep it from getting worse. ALAMEDA:Thank you Director Yuen. SPRINGER:Commissioners any other questions either for the testifier or the Director? SALAVEA:Ms. Frias? SPRINGER:Commissioner Salavea? SALAVEA:I€m sorry Madam Chair. Ms. Frias could you indulge me and just point to me reference for me on the vertical map where your lot is? FRIAS:Right where the-, right where that red dot is. SALAVEA:Oh sorry, thank you, thank you, thank you. Okay. SPRINGER:Commissioners other questions for the testifier? Commissioner Watanabe? WATANABE:I think I€m right in this but then what you€re saying this the subdivision in question is-. Your number 2 photograph number 2, that is the actual subdivision right? FRIAS:Pardon me? EXHIBIT F 6 WATANABE:Number 2 is the actual subdivision? FRIAS:Right. That€s the 2 lots. WATANABE:Right. That€s the-, yeah that€s the actual parcel? FRIAS:Right. And not, not only that our whole subdivision is flooded with water. Our drainage systems are not adequate for the subdivision as it is now and we€re inundated with muddy roads and water that€s standing in properties at the end of Uhiwai Street. SPRINGER:Commissioner Watanabe do you have follow-up? WATANABE:What€s in the back of that just before the mountains? FRIAS:In the back of where? WATANABE:In your Exhibit 2, in the back of this just before the mountains? You knowyouhavethemountainsinthebackground. FRIAS:There€savalleyIbelieve,I€mnotsure. WATANABE:And that€s it there€s a stream there? FRIAS:Right. On that first, where it€s near the banana trees that€s a stream that comes down from the back there. WATANABE:But no development back there? FRIAS:No, there€s no development. WATANABE:So it seems were it diverted that way, well you never know where its going to wind up but-, no immediate development in that area? FRIAS:No. SPRINGER:Commissioner Alameda? ALAMEDA:Madam Chair I€ll save my comments for the discussion. SPRINGER:Thank you. Mr. Yuen does the Condition G that we referred to earlier, does that anticipate runoff generated from the development or does that take into consideration water which is generated off-site of the development but which passes across it? YUEN:Well, the drainage study is likely to be pretty limited if the property is subdivided without-, in this manner without roads. If, let me give you an example. If they were building a road all the way across the property and there was a drainage way down the EXHIBIT F 7 middle of the property then the engineer would have to design it so that-. We have to design a culvert system for that. So you€d have to have this drainage system and then you have to have this culvert system designed for it. But if you just have a lot that you€re selling and if there€s no infrastructure across it the engineer is supposed to show the drainage way on the subdivision map and that would be shown as an easement. But you would just leave it and you wouldn€t be doing anything to it. So, yes they€re supposed to take into account water that flows across the property and show it on the map for the protection of their own purchasers. But they wouldn€t necessarily have to do anything to correct, to physically correct any drainage issues that are occurring on the lots that are just lots and don€t have any roads or other infrastructure built across them. SPRINGER:Thank you. Commissioner Alameda? ALAMEDA:Thank you Madam Chair. This is for Director Yuen as well. Although notprobablethereisapossibilitythatthisdevelopmentcouldimprovethesituationcorrect? YUEN:I€mnotsurewhat-.Theremaybesomethingthatcouldbedonethat would improve the situation. I don€t want to lay that out as a possibility or a promise because I don€t know that there is anything being planned in subdivision that would alleviate existing problems. If there€s a problem the testifier lives right at the top turnaround. And if in designing this subdivision if there€s a problem at right at that turnaround, like there€s a ponding then they€re going to have to fix that ponding at that time yes. Because they can€t put the turnaround, they can€t make the turnaround be a pond. So they would have to fix that. So yes in that sense it could be improved. SPRINGER:Thank you. Commissioners any other questions for the testifier? Seeing none thank you ma€am. Sir, in the middle if you could give us your name and your resident address and then your testimony? MATSUMOTO:Dick Matsumoto. 64-5218 Hoohua Street. SPRINGER:You may proceed with your testimony. MATSUMOTO:My concern is I think they should build their own road for this subdivision on the other side. So, because right now they€ve changed their classification to 8 lots who€s to say in the future they€re going to change it again and change it again, they€re going to have more lots they€re going to put a strain. With our, Kipahele and Hoohua Streets are strained as it is. They haven€t been paved. You know I had moved there in 1990, they haven€t been paved. We have a flooding problem. Dry wells, the dry wells do not work. The dry wells are obsolete they don€t even work. That highway between those 2 streets and in front of Mr. Inaba€s property is flooded. When that rain comes it floods and it€s a danger. We have a-, they built on the back of my lot I live on the east side of Hoohua Street. I live on th the maybe the 7lotupfromthemainhighway.Theyhaveadrainageditchintheback, which we gotta maintain and keep clear. And that thing just everythingjust comes right down andgoestothatfrontlot,whichsomeonejustbulldozedbecauseitlooksliketheywantto build a house there. They want to come up Kipahele and go into their subdivision, they€re goingtocreatemorestressonthatstreet.Imeanwe€restressedasitis.TheCountyhasn€t EXHIBIT F 8 been up there to take care of those streets. Our streets, there€s grass growing, there€s cracks growing. My concern is, we have flooding there and I think they should build their own street. And who€s to say when everything€s all said and done they going put gates up or they€re going to expand, which is you know that€s his right. I have nothing against subdiv-, what they want to do but my main concern is that I think they should build their own road on the opposite side. On the West Side of their property to get to those lots that they want to do. And there is flooding there. When they, you know they€re going to-, they have those lots and then and it€s like their own private thing and then only them can go to their lots. But the main concern is they should, to me they should build their own road and the County has to look into-, the engineers about solving the flooding problem. Dry wells are not working and they haven€t done a whole bunch of things since I€ve been there in 1990, I moved there. They just let the thing flood, they put up the barricades saying it€s flooded meanwhile you know it€s not working. Thank you. SPRINGER:You€rewelcomeMr.Matsumoto.Questionsforthetestifierfromthe Commissioners? Commissioner Watanabe? WATANABE:Well, just for your information the way this is proposed by the County they would not be able to come back for additional dwellings, it would be restricted to one dwelling for each 5-acre lot. So you would be limited to 5 homes. But you mentioned something really interesting in that you indicated that there already is an existing ditch. Something to help control the flooding that you folks have to maintain is that correct? MATSUMOTO:Yes on the backside of my property, it comes from-. WATANABE:But I guess my question is how far along? Would it go all the way up to her property? MATSUMOTO:No that ditch starts from Hauhoa Street down to the main highway. WATANABE:Oh, just from the first cul-de-sac to the highway? MATSUMOTO:Yeah but on my-, just on Hoohua side. WATANABE:That€s not along the properly-? FRIAS:There€s a drainage-. WATANABE:That€s not along the parcel subdivision land? MATSUMOTO:No, but that contributes to the flooding cause it just comes right down. WATANABE:No I thought maybe we had something there. MATSUMOTO:Oh no, no I€m -. If you look at the subdivision Hoohua Street, it comes this, everything just comes down here. EXHIBIT F 9 WATANABE:I thought it was maybe (inaudible). MATSUMOTO:Oh you only have Kipahele that€s why. SPRINGER:Are there any other questions for Mr. Matsumoto? Commissioner Graham? GRAHAM:I just had a comment on your concerns. I think one of the things we always deal with when you have major highways like Mamalahoa Highway is everytime you put in a new intersection it jams up the true traffic movements. So we try to avoid as much as possible putting any new intersections to go into new subdivisions. So that€s one of the reasons I imagine why you know we like the lateral coming in from the side. Another thing I wanted to ask the Planning Director I mean just in general if they have a bad flooding situation what does it take for the County to decide that€s a County issue for the benefit of the peopleingeneralandtheywanttoputsomeeffortintoresolvingthefloodingsituation without it being on the back of some agricultural rezoning? YUEN:That€s really something in the area of the Department of Public Works. I€m not sure what solutions there might be for what the people are describing. GRAHAM:So maybe that would come like at budget time for something like that? When budgets are made for the departments and you know one would go in and speak to public works and ask them to please include some project for that area or something? YUEN:Yes, if there€s a severe flooding problem in an area the Department of Public Works will sometimes request a Capital Improvements Project to do something. Whether it€s a drainage ditch or additional dry wells or a diversion or something like that to solve the problem. But that€s how it happens. GRAHAM:Okay, thanks. Did you want to have a follow-up sir? MATSUMOTO:Uh, yes. Like I said I moved there in 1990, I bought my house there and nothing has been done. I called the County, Department of Work, the chief engineer at that time and nothing got done. I mean you can€t just-, I understand you just can€t go there and start working and doing something. I don€t know what it takes but the thing floods. The road floods and cars do not slow down. And we€re going to have a major catastrophe there and someone€s going to be liable. All I€m saying is we gotta-. My was-, I was hoping he could build his own road so whatever he does it€s not required I can€t do nothing about that. But since we€re talking about this there is flooding there and I€m not saying that he€s going, Mr. Inaba and the family is responsible for the flooding but we have to look at all of these situations and all, and what needs to be done. And my thing is just about Mr. Inaba is just, I just want him to build his own road for his subdivision. Thank you. SPRINGER:Thank you Mr. Matsumoto. Mr. Director we have-, there€s a requirement of one access onto the Mamalahoa Highway for the 2 front lots is it conceivable that there could be an internal road on the Waimea side of the subject property that would do as the testifier is suggesting? EXHIBIT F 10 YUEN:We would actually prefer to have less access directly to Mamalahoa Highway and avoid creating a new intersection. The Department of Public Works actually suggested completely the opposite of what the testifier is suggesting which is that all traffic come from the side streets. That the direct access to Mamalahoa be closed and in general what they€re saying is the Bible on how you€re going to handle something like this. You want to have limited points of access. The traffic carried in by side streets on existing intersections. We didn€t adopt their recommendation fully in that there€s an existing access to the property which serves one house on-, that runs out to the highway. So that€s why we said, and if you look at the subdivision layout it does create issues for the building and design of the subdivision not to allow that direct access. We€re trying to control, keep that to the 2 lots that abut the highway. And the rest of them we would for the reasons I stated, we would prefer that, and the Department of Public Works would prefer that the traffic come into the existing subdivision by the side roads and come out at the existing intersections. SPRINGER:Thank you Mr. Yuen. Commissioners any other questions of the testifier Mr. Matsumoto? Mr. Matsumoto? MATSUMOTO:I have, I have one more thing. Since the front 2 lots are going to have-, be accessible to the main highway and since this is a family land thing with their family and all maybe they can build a-. In case of emergencies maybe they can make a road go to up to the top of their, that property? Just for family but in case we need emergency vehicles going up there maybe they-. Instead of always going up our 2 streets and say they need something you know that concerns their family or you know the upper portion of their thing maybe they can make a road that connects to everything, their family lots for emergency purposes only? Thank you. SPRINGER:You€re welcome Mr. Matsumoto. Director Yuen do you have any comment on that a internal road for emergency vehicles? YUEN:No. SPRINGER:Thank you. Commissioners any other questions for Mr. Matsumoto? Thank you for joining us today Mr. Matsumoto. Sir, if we could have your name and address for the record and then you may proceed with your testimony. LASITER:Alfred A. Lasiter at 645362 Kipahele Street, Kamuela Highlands. SPRINGER:Thank you, you may proceed with your testimony. LASITER:Thank you. If I may stand up please? SPRINGER:Yes. LASITER: It€s been a long day for you so I€m going to get right to the point. And I was supposed to be in the swimming pool right now drinking beer cause I got a room here at this hotel so I€m late. Anyway, all the best to the Inaba family, I€m not here against it. I want EXHIBIT F 11 them to have it because all the-. Okay, this is Kipahele and Hoohua Street. This is Kamuela Highlands as you call Hoonani. Okay, this is what the Inaba want to do. All the subdivisions on this side towards Hilo are 8,000, 7,000 square foot lots. The streets are narrow. Sometimes you gotta pull on the side for them to pass you okay. We got the best subdivision of the are. Okay. SPRINGER:Mr. Lasiter before you continue can you identify the maps that you€re showing us? LASITER:Yes okay this here is Hoonani. Okay. This here is the Inaba residence, what they plan to build and this is Waimea town. This here goes to Honokaa. SPRINGER:So the 3 sheets piece together to form one overview? LASITER:Ihave3sheetshereandIhave3pointstomake.Thankyouvery much. First of all, I want them to build that because I don€t want to see a hundred homes here. You know I want Kamuela to be beautiful. They have the right to do it. We live in a great country, you know we€re Americans. And they€re going to build on this anyway. The flooding is a problem. And I€m going to get to that right now. Now, at the bottom you see 3 yellow marks here. Okay these were originally drainage ditches. There€s 3 dry wells, there€s 2 here on Kipahele Street and there€s one on Hoohua Street. Now over the years this over here was back filled and sold, there€s a house on it. This one here has been back filled and sold, there€s a house on it. This one here has been sold. The drainage ditch that Mr. Matsumoto is talking about runs from the back property. It comes from this lot up here. I live on the top. It comes from this lot goes all the way down and dumps in here. Now, water comes from our subdivision down, hits the road and all the subdivisions dump their water on the side of the road, on both sides it flows that way. Now, about a quarter mile down is one culvert which runs under the highway to a ditch which goes to the flood plane; we call that Lake Waimea. There€s no hotel there. Okay. All right. Now, year and a half ago March, the rain came, the rain. I€ve never seen so much rain. I€ve been here since 1987. I never seen so much water. I got concrete all around my house. I got a angle at it. I had water 10 feet from going under my house; I€ve never seen water like that. Never. The stream she€s talking about comes from up here there€s an empty lot with a big ravine. It comes through here works itself from the back and she€s here. Two houses above there€s a Japanese family with a long concrete driveway and this water comes right through and gushes as a river down his driveway to the street. I€ve seen it. Okay. March of a year and a half ago, the water was so bad if your car wasn€t part submarine you weren€t going to get out. I got a Texas Cadillac, an F250 Ford turbo diesel great truck. I get through no problem. Mr. Matsumoto€s wife works for Parker Ranch, she couldn€t go to work. Other cars got stalled nobody paid for their repair bill. Water goes all the way down. The County, now I went there Monday at the base yard to ask a question. Not to complain, I don€t like complaining, we all need to work together. I said has any work been done since the big rain she goes no, nothing. All this is, from this subdivision on is a slanted incline along the highway which goes all the way down to that culvert and under the highway and keeps going and keeps going until it goes to Lake Waimea. From this side of our subdivision, they€re on their own. This rain was so bad; the water was so up here on both sides of the road all you had was a piece of black top with a white line. That€s how bad the water was. Now I€m not against the Inaba€s. I want to see it there; I don€t EXHIBIT F 12 want to see a hundred homes. The County is not checking up on it. I don€t know what it is but I tell you one thing. If these problems aren€t taken care of, this lady€s problem isn€t taken care of, this subdivision isn€t done right, there€s going to be more problems. And I want to see them build it. Now as far as access. Now they have the right to have their own subdivision if you put it that way by using our infrastructure, which is 20 years old. We€ve already got separations in the street. We€ve got some cracks, we€ve had some patches and most of all it€s old. The infrastructure is old. The lady was right. The drains can€t take a heavy, heavy, heavy, heavy downpour. It pours in the street and we mean pours in the street. It goes along the street sides. Now, if they had a road which connected from the 2 cul-de-sacs straight across and came down we€d have access for emergency vehicles instead of being-. All these people being jammed into 2 streets. The traffic is so bad on this highway now if you take your kids to school there€s a backup of cars trying to get out. When I first moved in here you might see 4, you call it a traffic jam. It€s getting worse and worse and worse and worse. We€ve got 148 lots, 25 are left vacant minus these here. Before you know it this ones filled up,thisdrainagecanalisuseless.Thedrywellsareuseless.Sowhatareweheadinginfora problem. See I€m here to talk about the future. I€m a licensed landscaper, C27 number 26141 State of Hawaii. I€ve had 15 years yard service business. I know, I€ve lived here, I€ve worked these yards. I€ve seen it rain. I€ve seen it rain. I€ve had one summer 4 months of wet weather. I mean the ground was squish, squish. My lawnmowers got stuck I had to get a 4 wheel drive and pull it out. It drove me nuts. And then you talk about rain sometimes my wood stove burns 9 days, 10 days straight. If you€re going to do this you gotta think smart. You can€t think cheap. The other way is they build their own road okay. They do it correctly, in the future you want to sub-divide, no problem. You got your own road, your own fire hydrants and your own lights. That€s an option for them. If they do this and nobody takes care of this problem down here and the existing drainage areas we€ll all have problems here. If there€s an emergency, there€s an earthquake or there€s a fire, you€ve got, how about 350 cars all together. You got 150 something homes once these are all sold. Kids, wives and husbands trying to get out think about it. See when the Mormons built Salt Lake City they put their Conestoga wagons in a big circle. This is a true story. They went all the way across to the west and they said okay, put all these wagons in a circle. And they made this circle and they went from diameter to diameter and said that€s how wide our streets are going to be. And if you€ve been to downtown Salt Lake City and I have it is big as a football field. If we don€t start thinking now they€re going to suffer, we€re going to suffer. The County doesn€t get their act together everybody€s going to suffer. Let€s do it smartly. I want them to build this place. I want to see 5-acre lots. I don€t want to see another massive subdivision, we don€t need that. That€s my point of view. And if you got any questions hit me with it cause I€m waiting for that swimming pool. SPRINGER:Commissioners any questions for Mr. Lasiter? Thank you Mr. Lasiter. Mr. Yuen I don€t have a question for Mr. Lasiter but one for you peaked by his comments. Is there anything that this body can do to encourage our fellow County agencies to maintain the existing dry wells and drainage ditches. YUEN:You know what I suggest is that we send a copy of the transcript of his portion of the testimony to the Department of Public Works. I think he was pretty clear. And, you leaving those maps with us? EXHIBIT F 13 LASITER:You can have em. YUEN:Let€s do that. And we€ll just put on a transmittal that this is a statement by a concerned citizen that we received at our hearing. And it€s an existing issue that is there whether or not this application goes forward. He brought it to this body. I mean you know the Planning Commission here is not an operational entity that€s responsible for cleaning out ditches or maintaining dry wells. I don€t like to shun you know send people from one agency to another so I think what we could do is simply send this with a transmittal and say that this is a concerned citizens input at our hearing and hope that, ask them to see what they can do about it. I€m perturbed that the dry wells were covered over. That should not have happened, I don€t know. LASITER:Actually the dry wells are there but they can€t handle the velocity of water and all these drainage ditches. I€ve lived there all these years and what€s happened beforewhenitrainedheavytheyfilleduptothemax.Thewaterstillcameintotheroad. And we still had a hard time with some cars getting over. It€s history, it€s gone. The infrastructure to catch that water is history. That lot here has blue flags on it. It€s sold, it€s being cleared right now. And I want to say 1 thing to the Inaba family. A couple of years ago Jason your house got broken into the one up there the old one. I seen those kids come across, they came up from your property and they went up here and I was in my yard and I seen them. When the cops came I gave them a full description. I know those kids and they€re gone, they€re history. Okay. You see I€m not against this but, and when the County says they haven€t done a darn thing about this, it€s not going to hurt, it€s not going to help anybody. Let€s think about the future. And that€s all I€m here for cause I want to go drink beer and go in the swimming pool, I€m late. SPRINGER:Thank you Mr. Lasiter. Mr. Yuen I wonder if just in that transmittal letter it could indicated that Mr. Lasiter€s testimony amplifies the previous testimony of Ms. Frias and Mr. Matsumoto also? YUEN:We€ll do that. If we would mention in his testimony, which I think is the most explicit as far as what the problems are that we had two other people testify about issues in the subdivision. SPRINGER:And I guess my last question with regard to issues raised by the testifiers with regard to emergency access and emergency access vehicles particularly being able to get into the subject property in times of big rain or bad weather is there anything that we should know about that Mr. Yuen? YUEN:As far as what€s before us here we€re at a-, we€re considering a rezoning that would allow 8 lots versus 1 now. So we€re talking about 7 additional lots. To me if the problem is that the access into the subdivision, the current Hoonani Residential Subdivision is blocked at high rainfall/flood type conditions, it would be much better to fix that than to say that a adjacent 7 lot subdivision or 8 lot subdivision has to develop a road to provide a second route out for the people in the existing subdivision. EXHIBIT F 14 SPRINGER: Thank you Mr. Yuen. Are we anticipating that perhaps our transmittal to Department of Public Works might help with that issue that has been raised here? We don€t know. Thank you to the testifiers for coming forward. Back to the applicant. You€ve heard the testimony-, you folks are excused if you care to stay with us you may or if you need to make your previous appointments you€re welcome to do that as well. To the applicant, you€ve heard the testimony that was given to this Planning Commission. Do you have any comments on the testimony that you heard today? INABA, J.:You want to say anything in regards to the testimony that was just given? INABA, Y.:That going be handled by public works? INABA, J.:Well, I go say something. The only comment I would have is that the subdivisionactuallywasdesignedfortheleastimpactwithveryminimalpavement.Any additional roads would create more runoff areas so that€s something to think about. More roadways is more runoff, typically. SPRINGER:Thank you Mr. Inaba. Commissioners do you have any questions for the applicant? Mr. Watanabe? WATANABE:Mr. Inaba in light of the testimony you know is it-. I know it might exacerbate the problem at Mamalahoa but is it feasible for, economically feasible that is for you folks to develop some type of ditch like swale between your subdivision and the adjoining subdivision such that you know the-? Cause it seems like the natural topography is such that the water will naturally flow to-. INABA, J.:He€s asking-. WATANABE:I realize the impact of a few more houses is not that great cause you don€t have that much impermeable service but surface but, you still are adding to the impermeable surface yeah. INABA, Y.:Yeah. INABA, J.:He€s asking about the possibility of putting a ditch along the boundary but-. The thing is about putting a ditch is it€s gotta go somewhere so where is it going to end up yeah? I mean you gonna-. WATANABE:Exactly and I said-. INABA, J.:-you gonna accumulate water and put it-. WATANABE:Exactly, I realize that and-. INABA, J.:You€re going to concentrate the water. EXHIBIT F 15 WATANABE:It€s all going to be concentrated obviously at Mamalahoa but maybe you know I€m assuming that they€re going to have to fix that no matter what. INABA, J.:Yeah. As far as the preexisting water I don€t know what we can do. WATANABE:No, no what I€m saying is to prevent any-. Well to minimize, not prevent but minimize maybe some of the runoff is that economically feasible? INABA, J.:If it€s approved when we go in for subdivision approval the Department of Public Works will require you know the drainage study and the drainage improvements to accommodate additional runoff based on the improvements, the new improvements that we make. WATANABE:Well, I guess I€m not familiar with the topography so I know you can€t makewaterrunuphillandI€mnotsurehowmanyhillstherearebetweenthetopofyour subdivision and Mamalahoa Highway. But it doesn€t seem like you can make it go the other way so there€s only one way it can go towards the highway right? INABA, J.:Yeah, yeah. He-, Mr. Inaba feels that you know that when we go into the subdivision approval that the Department of Public Works will address you know the drainage concerns. SPRINGER:Thank you. Mr. Watanabe do you have follow up? Commissioners any other questions for the applicant? Commissioner Graham? GRAHAM:I€d like to bring up sort of a new issue in regard to this but I€d like you to at least have the applicant part of the proceedings while I do this so I€d rather do it right now rather than wait until you close the hearing. And that has to do with the cul-de-sacs and lateral access across. I know Department of Public Works asked in their recommendation that their be road improvements going across this property. I know that€s a little excessive for such a simple agricultural rezoning perhaps to do all the expenses of building those County roads across. But where I€m heading is I would like to see an easement at least given to the County to continue those roads across, those 2 lateral roads and let me explain a little bit kind of what€s behind my thought on this. First off from a General Planning perspective like Commissioner Iwashita whose not here today, he and I attended this workshop in Waimea 6 months ago or something and this is a perfect example of what they were discussing. Where you have people that live a half a mile away from somebody else but in order to get there you gotta drive out to the main highway, drive across and get in. And this whole section of wet- side Waimea is like that. The next road going up wind is White Road and my first act, when I was on the Planning Commission, when I first came on was to approve a-, I think it was like a daycare school on White Road, a Hawaiian oriented one. So, what it essentially means is anybody lives in these subdivisions if they want to leave kids there they gotta turn around drive out to the road and drive you know a very short distance and then pick up White Road and go back. And I know like after that you got Nani Waimea and then you have all those things there. Each one of them is just kind of like one road or maybe in this case like 2 roads. And you watch the kids on these roads. The kids they all got friends on the road and their friend on the road might be half a mile away down by the highway or not but the next road EXHIBIT F 16 over they can€t ride their bicycles over there unless they make some kind of cut through. So, with the kind of good planning process that we learned about and I think we all kind of know in our minds is you want to have some kind of a grid. So that people can go from one place to another and not always have to run out to the highway. So I think its excessive to ask this applicant for his agricultural rezoning to make County paved roadways through his place. But I do feel like he should make a public access to take these other side roads which already exists and which would be sort of dead-ended by his property. I think he should make an easement available to the County so that at the County€s expense or somebody else€s expense in the future there can be a continuation or flow so everybody doesn€t have to run to the highway all the time to get anywhere. Anyway, I reckon as we€re only making a recommendation here and the County Council will decide on this issue but I think its very important and I think that whole area of Waimea, whatever we can do to bring about some lateral flow in the subdivisions would be very good. And I€m disappointed that the Planning Department is willing to have these things kind of stub out the way they are in this application. SPRINGER:Mr.YuencouldyourespondtoMr.Graham€scomment. YUEN:Allthosearereallyvalidpoints.Ifthiswere,iftheGeneralPlanfor this area-. Better to look at the map on the left. And you see the subject property with the red dot and then you see the blue area between the 2 green areas right now that€s all open fields. And in the General Plan its important agricultural land. If it-, on the lower part and some extensive on the part. If we were looking at the General Plan as this at being an urban area in the future with residential neighborhoods we surely would-, even if this were, even if this project were still coming in with 4-acre lots or 5-acre lots. We would still insist upon cross street connection across this property, perhaps by way as you suggest of easement rather than by constructing it at this time. I€m not opposed to having a-, requiring a reservation of a street for the Hauhoa Street extension, which is a lower street. The upper street I do believe that it hits a gully and you wouldn€t be able to get across there feasibly you wouldn€t be able to build something across there feasibly. I€m not 100% sure of that but that€s from what I see on the topographic maps and what I€ve looked at on the ground there. And I€d also, I€d like to see what comments the applicant has on that. I think what you€re saying is valid. It€s less important because this is likely you know if we, if there is further development in this area it€s likely to be very low density rather than a residential kind of density. But I think it has merit the idea of extending at least of having a road reserve for at least Hauhoa Street that if there is rezoning or subdivision of the lots in between then those can also have access into the subdivision and create more of a grid above the main highway there. SPRINGER:Thank you Mr. Yuen. Mr. Inaba do you have any response to Commissioner Graham and Director Yuen€s comments? INABA, J.:They€re talking about the Jardine area, providing a road reserve across here. He€s saying that the adjoining property has access already from Mamalahoa Highway. SPRINGER:I€m sorry could you repeat that please? INABA, J:Mr. Inaba says that the adjoining lot has access-. EXHIBIT F 17 INABA, Y.:Mr. Onodera. Mr. Onodera had the back lot leased to a contractor who does construction work. And he used that access to haul in the cattle and haul the cattle away, never hauled through our property or anyplace because he had access from the highway. The access was provided for him and that€s what he€s been using all the time. SPRINGER:I think what we€re discussing is the possibility of an easement extending from, I don€t see on my-, Hauhoa Street across your property. An easement not a road at this time but a right-of-way for future road to be installed. INABA, Y.:Oh, just for future. INABA, J.:Like a reserve or right-of-way, reserve. INABA, Y.:Yeah, that€s possible but they have an access already you know. SPRINGER:Mr. Yuen? YUEN:Yeah that€s right. There is a existing legal access but for example if these properties toward the Waimea side of you were to come in for a similar rezoning to agricultural 5 acres the County would consider it desirable that there be some lateral access. INABA,Y.:YouknowIremindyou,letyoufolksknowthatthereisanaccess. YUEN:Allright. INABA,Y.:Wherebytheyusedtohaulallthecattleoverthereandhaulthecattle out. They never go across our-, across this property because they had access provided for them, for the cattle. YUEN:Do you object if a condition of the subdivision that you provide a road reserve for-? INABA, Y.:What he said? INABA, J.:He wants to know if you object to providing the road easement? INABA, Y.:No. Well, we can-, just an easement. SPRINGER:Thank you shall we put that in the form of a new condition? INABA, Y.:Just a easement yeah, we not going build the road. YUEN:If it€s the wish of the Commission we can put in a condition that says that the applicant shall provide a-. INABA, Y.:Mr. Yuen? EXHIBIT F 18 YUEN:Yes. INABA, Y.:Providingone easement, that€s okay with us. SPRINGER:Thank you Mr. Inaba. INABA, Y.:That€s what you requesting yeah, provide one easement? YUEN:Yeah. I think I€d call it a road reserve though. It will be a-, well it would be an easement yes. But it will be for the possibility of a future road going through there, the extension of Hauhoa Street. INABA, Y.:What he said? YUEN:In the future. INABA, Y.:I cannot hear you know. INABA, J.:An easement for possible road extension by others. INABA, Y.:Yeah, yeah, by others, yeah. By others yeah it€s okay. YUEN:So the motion would be, provide a-, it would have to be a 50-foot easement. Provide a 50-foot easement for the future extension, possible future extension of Hauhoa Street across the subject property meeting with the approval of the Department of PublicWorks. SPRINGER:CommissionerGrahamdoesthatcoveryourconcerns? GRAHAM:Wellthatcertainlycovershalfofmyconcernandprobablythemost important half so I can go along with that. SPRINGER:Other Commissioners questions or comments either for the applicant or the Director? ALAMEDA:Question for the Director. SPRINGER:Mr. Alameda? ALAMEDA:Given that new condition, the owner, say the future owners of that particular property if this were to pass, that€s a big easement and wouldn€t they be unable then to build close to that, on the easement? SPRINGER:Mr. Yuen? EXHIBIT F 19 YUEN:Well, it depends on-, no it wouldn€t effect their right to build because if the easement is actually taken in the future as a road site, even if at that cut down-. Once the property has been allowed to be subdivided then it-. Say you lose a 1/2-acre and your property is 4-1/2 acres instead of 5 acres, you€ve already been subdivided so it would not make a subdivision impossible. What might be tricky is laying it out so that it doesn€t interfere with the usability of a portion of the lot. Because you want to lay it out at the boundary of-, you€d like to lay it out along the boundary of one of the lots instead of cutting across it and that may take some adjustment of the current subdivision design to do that. SPRINGER:Commissioners any further questions of the applicant or the Director. Mr. Lasiter? LASITER:I have 2 suggestions before I go ma€am one for the County and one for Inaba. My son€s in the swimming pool and that€s our father and son time to talk about life. Youallcanhearme? SPRINGER:Couldyoupleasespeakintothemicrophone? LASITER:OkayfirstofalltotheCountyyouneedtogoasfarasthewaterrunoff believe me you need to check this. From our subdivision down on the East Side, you need to go all the way down towards Mokuloa where the Hawaiian Homes Hall is. That is how the culvert runs and it goes under the highway. That is the most important outdated section of our highway. If that was taken care of I don€t think we€d have a problem. Mr. Inaba on this section of our subdivision water runs underground and goes down the highway. It€s like a underwater stream it goes from cesspools and the waters dirty. I strongly suggest that you get core samples in your low lying area just to see what the soil, how deep it is and the water saturation and that€s only a suggestion for you. INABA, Y.:Can I ask you a question? LASITER:Yes sir. INABA, Y.:May I ask you a question? LASITER:Yes sir. INABA, Y.:Are you familiar with the conditions now around the Hauhoa side road where from this lot above they have all walls built to divert the water this side. LASITER:Oh the Hamakua ditch? INABA, Y.:I beg your pardon? LASITER:The Hamakua ditch? INABA, Y.:I not talking about the Hamakua ditch. Within the subdivision they have people already built big walls to divert the water. The stream comes over here see. EXHIBIT F 20 LASITER:That I-. INABA, Y.:They built all walls over here and this wall she built it this year because the water came from here. SPRINGER:Can we provide him with a microphone. INABA, Y.:It diverted the water this side. LASITER:What he€s talking about ma€am is up-. INABA, Y.:Are you familiar with that? LASITER:No sir. INABA, Y.:Oh you gotta go check that before-. LASITER:Because I live on the opposite side, I€ve never seen those walls. INABA, Y.:That€s a big issue. LASITER:What he€s talking about is there€s some people-. INABA, Y.:We€re not saying anything because the wall is there already but they diverting the water. SPRINGER:Perhaps this is a conversation that you should have away from this proceeding? INABA,Y.:Theyhaveahollowtilewallaboutthat-. LASITER:Sir,I€veneverseentheareaIdon€tevengothatfarandIliveinthe same subdivision. SPRINGER:Thank you Mr. Lasiter. INABA, Y.:That€s okay. SPRINGER:Commissioners any further discussion? Seeing none we€re ready for a motion which would include a new condition that discusses provision of a 50-foot for a possible extension of the Hauhoa Street across the subject property. Is anyone prepared? May I have a motion? ALAMEDA:So we€re closing the testimony now we can go into discussion before motion? EXHIBIT F 21 SPRINGER:Mm, hm. ALAMEDA:I just wanted to get a feel for Commissioner Graham on his earlier point and then kind of it you would please your feeling of kind of where you€re at? I think you raised a good concern that€s why regarding this applicant. SPRINGER:Commissioner Graham? GRAHAM:You mean something different than what I said before or? ALAMEDA:Just given what you€ve heard, since now this is the time we can discuss. GRAHAM:Sure. Well when I originally saw this application I was concerned about cutting down ag size but I really appreciated Director Yuen€s discussion and the recommendationherewhichIthoughtwasquiteonpointsothatI€mcomfortablewiththe change in ag sizes in this area. And again I€m in support of this rezoning but I was very concerned about losing lateral access along between the subdivisions because I see that problem there all the time. And I actually have a sister who lives on one of the different roads and I see the problems that kids have there and everything. So I just want to try and use this opportunity to at least keep our options open in that regard. SPRINGER:Any further discussion? Commissioner Alameda? ALAMEDA:I feel little bit-, about the flooding situation I feel like we just kind of-, not really revisiting that somehow and I feel little bit uncomfortable about-. Cause I know part of our decision is you know like are we enhancing the quality of life, quality of life issue and we are for the Inaba‰s but we probably wouldn€t be for the surrounding properties given the flooding situation. So, in terms of supporting this applicant I€m still 50/50 that€s why I€m looking for you know, other input so it could help me with my decision. SPRINGER:Other Commissioners we hear Commissioner Alameda€s concern. His concern that the flooding may be exaggerated or exacerbated by this approval. Mr. Yuen do you have any input to make to the Commissioner? YUEN:I understand the Commission member€s concern when members of the public come and they tell us they have a problem. And I believe what they say. However we are looking here at a subdivision where we haven€t seen anything that really indicates that this subdivision will make it worse. As members of the County who live on a-, who live in a subdivision with County dedicated roads and infrastructure they can expect to County to try to solve their problems for them as it stands yeah. But it€s not something that the Planning Commission is responsible for doing. So, and naturally this application being a public hearing is a forum for people. And it€s very natural they come-, it€s a forum where they can voice their concerns about the existing condition and say look don€t make it worse. I would be-; we should do what we can in this rezoning to avoid making things worse. I don€t think we should hold up the rezoning because of actions not taken that would make things, it would make the existing condition get better. EXHIBIT F 22 SPRINGER:I think to Commissioner Alameda, with the transmittal of the transcript and the maps that Mr. Lasiter has provided we€re not turning a deaf ear to the issues raised by the members of the community that have come forward but are in essence amplifying their testimony and directing it to the division of the County that they might not otherwise have made input to. Commissioner Watanabe? WATANABE: You ready for a motion? SPRINGER:Yes sir. WATANABE:I move that a favorable recommendation be forwarded to the County Council on application for change of zoning, docket number 05-003 based on the Director€s recommendations and inclusive of the revision for the 50-foot easement that crosses the property, the parcel. SPRINGER:Thank you Commissioner Watanabe is there a second? ALAMEDA:Second. SPRINGER:Thank you Commissioner Alameda. And during discussion I€d just liketomakesurethatthemembersofthecommunitywhocameforwardwiththeirtestimony understand that we make a recommendation to the County Council and that this matter will be heard again by them. So again your voice could be amplified by submitting testimony to that body. Is there any further discussion among the Commissioners on this motion? Seeing none, Mr. Hayashi? HAYASHI:Thank you Madam Chair. Before I call for the vote I just wanted to make sure that the wording of the condition. I guess it will be a new Condition F and all subsequent conditions would be re-alphabetized. And the wording that-, just to make it clear, that the applicant shall provide a 50-foot roadway easement for possible extension of Hauhoa Street to the western boundary of the property meeting with the approval of the Department of Public Works. Would that be sufficient? YUEN:Yes. HAYASHI:Okay. One other thing too, on Condition D, just for clarity we just wanted to make sure that we put the proper reference relative to the new County Code. So, I would like to make the changes to that also, as well as to the ordinance the proper heading reference to the 2005 edition. Okay with that I€ll call for the roll call vote. Commissioner Watanabe? WATANABE:Aye. HAYASHI:Commissioner Alameda? ALAMEDA:Aye. EXHIBIT F 23 HAYASHI:Commissioner Graham? GRAHAM:Aye. HAYASHI:Commissioner Salavea? SALAVEA:Aye. HAYASHI:And Chair Springer? SPRINGER:Yes. HAYASHI:Madam Chair motion carries with 5 aye votes. SPRINGER:Thankyou,you€llbeinformedinwritingofourdecision. INABA,J.:Thankyou. SPRINGER:You€rewelcome. Thisdiscussionendedat4:14p.m. Respectfully submitted, Lynette Marushige, West Hawaii Secretary EXHIBIT F 24