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HomeMy WebLinkAbout2012-09-20 Leeward Exh A - DeFranco Paleaku LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT SEPTEMBER 20, 2012 BARBARA DEFRANCO dba PALEAKU A regularly advertised hearing on the applications of PEACE GARDEN SANCTUARY(SPP 12-137) was called to order at 9:37 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Thomas Hickcox and Richard Nelson, III ABSENT AND EXCUSED: Lani Bowman, Wayne Iokepa and Thomas Whittemore ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager) and Noriko Sauer (Commission Secretary) And three people from the public in attendance. APPLICANT: BARBARA DEFRANCO dba PALEAKU PEACE GARDEN SANCTUARY (SPP 12-137) Application for a Special Permit to allow existing greenhouses for visitor displays and retail plant and statuary sales, and to hold special events within the pavilion and on grassy areas on approximately 2 acres situated in the State Land Use Agricultural District. The property is located nd within the Ke‘ei 2 Subdivision on the west side (mauka) of the Painted Church Road, and approximately 2,150 feet south from its intersection with Middle Ke‘ei Road, Ke‘ei 2nd, South Kona, Hawai‘i, TMK: 8-3-008:009. GIFFIN: I’d like to begin with new business and Agenda Item No. 1. The applicant is Barbara DeFranco dba Paleaku Garden Peace Sanctuary, and her application is SPP 12-137. The application is a special permit to allow existing greenhouses for visitor displays and retail plant and statuary sales, and to hold special events within the pavilion and on grassy areas on approximately two acres situated in the State Land Use Agricultural District. Daryn? ARAI: Good morning, Madam Chairwoman. Good morning, Commissioners. The first item before you today, as Madam Chairwoman mentioned, is a special permit application for Barbara DeFranco dba Paleaku Garden Peace Sanctuary. I want to quickly note that the item was agendized identifying the gardens as “Paleaku Peace Garden Sanctuary”; but the proper name for the sanctuary is as shown on your presentation. So we’ll make the changes accordingly to the reports. If I may direct your attention to the screen. The subject property is situated in South Kona, and it is identified here where my laser pointer is showing on the property that’s outlined in a bold line. Zooming in to the subject property, this line running from our left to right on the map is Middle Ke‘ei Road, and access to the property is then along Painted Church Road to the subject property identified here outlined in black. The subject property is situated on land designated Agricultural-5 acres by the County, as well as Agricultural by the state Land Use Commission. This is an aerial photo of the subject property, with Painted Church Road off to the right of the property, and showing the surrounding properties, as well as the subject property here that’s also bordered in 1 EXHIBIT A black. This is a map depicting the General Plan LUPAG Map designation for the property, which is Important Agricultural Land as indicated by the green color. The applicant is requesting a special permit to allow for the existing greenhouses on the subject property to accommodate visitor displays, retail plant and statuary sales, and to hold special events within the pavilion and on the grassy area, which in total comprises approximately two acres within the property, which in total comprises a little over nine acres of land. The project will consist of a retail component where the existing greenhouses would accommodate the sale of plants and garden statuary and items for visitors such as gift cards, T-shirts, coffee, macadamia nuts and other similar types of products. We should note that the sale of plants is a permitted use on the subject property, given its Agricultural designation; so we just wanted to make sure of the distinction. The special events the applicant is contemplating will allow for small events or functions such as, you know, wedding vow exchanges, memorial service, seminars, small community meetings and other low impact type of activities. These events, or special events, will be held within existing facilities on the subject property, as well as adjoining grassy areas, and limited to the two-acre portion of the property. Food, if necessary, will be catered in. There will be no amplified music, or amplification utilized on property, to accommodate these events. And the events itself will terminate no later than 9:00 p.m. at night. The amount of people will be limited, or is not expected to exceed 75 people at any given time, and the applicant has informed us that no large buses will be permitted to transport people to the facility. The applicant has received inquiries from the general public to be able to hold different type of special events on the property, as I’ve noted here on the presentation board. And the purpose of the special permit application is to allow these types of special functions, as well as for the sale of items not directly related to agricultural uses that is normally permitted on the property itself. This is a site plan of the property. Again, the entire property comprises a little over nine acres of land. Middle Ke‘ei Road is off to the right side of the plan. You may note the extensive development of the property for various, or for botanical garden use, as well as accommodating existing residential area located on the lower right hand corner. The special permit area is indicated here and is shaded in gray, and as you can tell, it does accommodate two existing, I mean, in total three existing greenhouse structures identified by where my laser pointer is showing, as well as a number of other existing structures on the property. Located here where my laser pointer is showing is where the existing pavilion is situated. The special events will be held in proximity to the existing greenhouses and the pavilion on the grassy areas, as well as within the pavilion complex. You may also note here, near the front of the subject property, is proposed parking areas that will have a gravel and grass type of surface, and I’ll show you the pictures of that shortly. This is a photo showing, it’s facing north and it is looking at the northern portion of the project site in the proximity to the two-acre special permit area. You have a driveway here off to your left, entering the subject property, and further away where you see the second sign, that’s where the second driveway access is located. I’ll back it up very quickly and highlight the fact that the first, the closest sign is posted here at this first driveway, and the sign further away is posted at this secondary access point. This is another photo looking south, with the subject property on your right hand side. And again, this is where the driveway is located, the northernmost driveway, and the southernmost driveway is located here by this other sign. This photograph depicts a typical surface where the proposed parking area will be accommodated. From this point on, I have a series of photographs showing the structures; if I could ask the Commission the liberty of, when the applicant is called forward to speak on the application, that she be permitted to provide an explanation of what these photographs are showing. So I’m going to skip through quickly, these photographs quickly. 2 EXHIBIT A So the Planning Director is recommending approval of this special permit application subject to conditions of approval. If you were to refer to the goldenrod paper containing the Planning Director’s recommendation report, if you could please turn to Page 7, on Page 7, we have the proposed conditions of approval. And I’ll quickly highlight some of the conditions that will ensure that the representations provided by the applicant will be conditioned to ensure compliance with our favorable recommendation. Condition No. 3, for example, will limit hours of operation of the facility to 9:00 a.m. to 9:00 p.m. daily. Condition 4 will limit the type of vehicles utilized to transport visitors to the property to not exceed a 30-passenger capacity; there is a specific limitation that no large busses be allowed. Condition No. 5 prohibits concerts to be held on the property. Condition 6 requires the applicant to work with the Department of Public Works to ensure the access to the facility meets with their approval. And the other conditions are your typical conditions that we normally include in special permits. So with that, I stand ready to answer any questions that you may have. GIFFIN: Commissioners, any questions of Daryn? Daryn, were you going to speak to Page -. ARAI: Madam Chairwoman, you are on your game this morning, and I apologize for not mentioning that. But I distributed another goldenrod sheet, and that represents Pages 3 and 4 of the Director’s recommendation report. If you were to turn to Page 4, at the top of the page, the very first paragraph at the very end, the only difference between that and the page that you currently have in your report is that we failed, in the original recommendation, we failed to complete the sentence, which in the original recommendation it ended with the word “significant”; so this replacement page is just to complete the sentence, which shall read, “The requested uses of the visitor displays and retail plant and statuary sales, and to allow special events on-site do not appear to be uses that would significantly increase water demand.” GIFFIN: Thank you. Once again, Commissioners, any questions of Daryn? Hearing none, will the applicant and her representative please come forward and take a seat at the table. DEFRANCO: He is my unofficial representative. MOORE: Official now. DEFRANCO: Official now. GIFFIN: Will you please raise your right hands. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? DEFRANCO: I do. MOORE: I do. GIFFIN: And into the microphone, will you please state your name. I think it’s on. DEFRANCO: Barbara DeFranco. GIFFIN: Applicant. 3 EXHIBIT A DEFRANCO: Applicant. GIFFIN: Okay. Bill? MOORE: Bill Moore, representative. GIFFIN: Thank you. Is there anything more, Ms. DeFranco or Bill, would you like to add to what the staff has already presented? DEFRANCO: I just wanted to add that I did retain Steve Herbert as an engineer for waste water, and we have already installed the waste water system, and we are just waiting for one final letter, but I have all the stamped engineer drawings and everything; so this has already been done. And, you know, we are ready to go forward with your approval. GIFFIN: Thank you. Bill? Nothing? Commissioners, any questions that you may have for the applicant? HICKCOX: I have. GIFFIN: Commissioner Hickcox. HICKCOX: Are there -. ARAI: Microphone, please. HICKCOX: Sorry, excuse me. Are there plans to have vendors on the property selling their wares along with what you are -. DEFRANCO: No. HICKCOX: Okay, it’s solely your operation. DEFRANCO: Yes, yeah. HICKCOX: Thank you. GIFFIN: Any other questions? MOORE: Yeah, I think the only outside would be the caterers for, if somebody wanted something, but not as a vendor, as a freestanding operation. GIFFIN: Anyone else? Okay, hearing none, would you two please go back, and -. ARAI: Madam Chairwoman? GIFFIN: I’m sorry? ARAI: I’m sorry. I previously asked for the courtesy of maybe the applicant going through some of the photographs that are presented. 4 EXHIBIT A GIFFIN: I forgot. Thank you. Yes. Commissioners, the pictures that Daryn referred to earlier, and they are also included in our background report. DEFRANCO: Yes. This is the office shed. This is in, that’s at the beginning of the property, so you are going to see the drawing of this office shed. It’s the, yes, that’s it, there. ARAI: So where my laser pointer is pointing is where the office shed is situated. GIFFIN: Thank you. DEFRANCO: This is the entry to the first greenhouse. So right now we have, when visitors come, they come in and they, there is a book on the table that shows all the botanical plants that are there that they are about to see on the gardens. And we greet them and -. This is where the proposed, you can see where T-shirt is hanging, it’s the proposed idea to have some coffee and cards and things like that available, too. This is as you are walking through the front greenhouse. On the left side of the picture are the bathrooms, and you’ll also see that there is a proposal to move those bathrooms outside the greenhouse. And then on the right side there is more displays of what you are going to see in the gardens. There is orchid displays. There is also a display of the astronomy garden, which is the first one in the world, is located at Paleaku; it’s a 100-foot diameter display of the Milky Way in flowering plants, and there is a picture of it there. That’s a photograph of the Galaxy Garden; you can’t see it too well there, but that gives you the idea of it. So this is one of the second greenhouses on your drawing; this is the one on the right side of the property and this is where I have a lot of orchids and orchid displays here. This is on the left greenhouse and this again has more displays of things that contain several sand paintings, displays and different statuaries. This is the pavilion where events will take place. And this is one of the grassy areas that we are talking about when we refer to the word “grassy area” in the application. This is a picture that’s further out in the actual botanical gardens. What people see when they come to the Peace Center, we are non-denominational, non-sectarian, with our mission to promote peace and harmony within communities and individuals, and we have monuments in representations of all the major religions of the world, including Native Hawaiian and Native American. This is one of the shrines that is there. GIFFIN: Bill. MOORE: Just real briefly. The property includes both the botanical garden, this special use area, their commercial type uses. So the botanical garden is not part of the request; it is a permitted use in the Agricultural district already. So this is really just enhancing what is already a permitted use and building on that. GIFFIN: Thank you. Commissioners, any other questions or comments? I have a question. DEFRANCO: Yes. GIFFIN: Is there an admission charge? DEFRANCO: We ask for five dollars. GIFFIN: Okay, and is that a donation or an admission charge? 5 EXHIBIT A DEFRANCO: It’s an admission. GIFFIN: Okay, thank you. Hearing none, now, Daryn, we should hear from the public? ARAI: Yes. GIFFIN: Okay, so, if you would please step back. Thank you. Mr. Bob Ward and Jane -. Is it Yangston? Yangson? YANGSON: Yangson. GIFFIN: Will you please come forward. Thank you. Mr. Ward, the staff has just informed me that they put your name down to testify for this agenda item by, in error, so, I’m sorry, but it’s not your turn yet. So, Commissioners, it’s really only one person who signed up to testify on this agenda item, and that is this woman here. Will you please raise your hand, your right hand. Thank you. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning Commission? YANGSON: I do. GIFFIN: Thank you. And will you please state your name. YANGSON: My name is Jane Yangson. I live across the street from Paleaku Gardens, at 83-5410 Painted Church Road. GIFFIN: Thank you. You may begin your testimony. YANGSON: Okay. As we have seen the photos shown on the screen, you can see that the property is expansive. There is lots of room for visitors to come and see their pretty garden and their statuary there. But in our neighborhood it will entail lots of cars, lots of people, lots of noise. So as you look at the photographs, you can see that this is a commercial venture. And our area it’s agriculture. We grow, the neighbors around us, grow coffee, macadamia nuts, mangos, and nothing commercial. They take their coffee, which they have picked, to a vendor who will process their coffee. And currently what she says here is that “if approved, the request would enable me to re-establish the existing greenhouses for retail plant sales and garden statuary along with the small area for tourist’s items.” Now, do we want more tourists in the area? This is a quiet street, and has been for many, many years. We have owned our property since 1978, and the reason why we came to live there is because of the quietness and the agriculture atmosphere of the area. And also, my husband and I and lots of elderly people walk on that road. And I don’t know if you know, but I’m sure you know that Painted Church Road is a very narrow road; when cars come, the walkers have to jump over to the side and walk on the gravel or on the dirt. So with added traffic, we will have to be dodging cars a lot. And most of the people that walk on that street are elderly people, and I’m in the category, elderly people – darn it, I didn’t know the time would come when I would have to be more careful about jumping from the road to the side, to the, there is no shoulder, to the grass, the gravel, or whatever. So at times Paleaku Gardens have had Buddhist people come over, which they play their drums and they pronounce or say the story of their chants, and these go on for a long time, hours; sometimes it starts in the morning and it ends in the evening, and the drums, they are just not conducive to the quiet neighborhood. So I appeal to you to keep our area agriculture and 6 EXHIBIT A not so commercial as she indicates here. She indicates that she wants to have plants and statuary planted, have weddings, and all those things are not limited. She will have meetings and seminars. And what will happen to our quiet neighborhood? It’s an agriculture neighborhood. So I plead to you that let’s keep the area the way it was designated, agriculture, and not commercial. There are so few places in the Big Island that we can walk on the road in a quiet area any time of the night or day. We still have to dodge the traffic, but I can foresee lots of traffic, lots of noise. And her area isn’t large enough to accommodate all these parked cars; it’s not that large enough, and people will have to park on the road. And as it is, the road is so narrow that I don’t see how it could be a venture that is conducive to keep the neighborhood agriculture and the people happy and safe from cars that -. Cars are traveling so fast these days. I think you all realize that your own little home, little roads going in and out of neighborhoods, people are just going, driving so fast, and so you have to be alert. You can’t wear earphones and listen to music while you are walking because your life is at stake. So I can just foresee the added traffic, which would not be good for our neighborhood. It is agriculture. Thank you for listening. GIFFIN: Thank you. Commissioners, any questions of the testifier? Hearing none, thank you very much for coming and testifying. Will the applicant please come forward. I’m sure you heard the comments -. DEFRANCO: Yes. GIFFIN: And I invite you to please comment on hers. DEFRANCO: So I’ve lived there on the land for 42 years and with the awareness of my neighbors and the sensitivity to things that go on. And I’m glad that you commented. Thank you. I appreciate the comment. I also know that my response to my neighborhood is that I’m very sensitive to it. And I respond to anybody who has said something to me personally about anything taking place there. A couple of the points that I’d just like to say, as far as parking goes, we do have quite a few parking places, and it didn’t really show it here but there is an open field for extra parking; so I’ve never had for years anything happened that, where people park on the road at all. I’m very careful about that. I am, you know, began working as a neighborhood watch coordinator for a long time, and started the neighborhood watch programs in Kona, and we use Paleaku to help get those things started. So we are very sensitive to the laws and regulations, and to the use of our street. In fact, it’s 20 miles an hour to drive on Painted Church Road, and we just recently, at the last neighborhood watch Ron Thiel committed and put in two extra Stop traffic signs for us on our road; one is right across the street from Paleaku. So I am very sensitive and very aware of those things happening and taking place. And I don’t really feel there is going to be a big increase in cars there. Paleaku on Painted Church Road is located on this interesting triangle for tourists that goes down to Kealakekua Bay, Nāpo‘opo‘o, then they come down Painted Church Road to go to the very famous Painted Church and see the beautiful murals there, and then they continue on down to Pu‘uhonua; so it’s sort of this triangle of people driving through. So this is really how most people find me is just they are already driving through the area and they see the sign and come down there. I know that in a way, when I’ve written this up, it sounds like there is going to be all these events and things happening, but really that’s not the plan. I live in that neighborhood. I’m sensitive to my neighbors. And I think in my application you can see that I wrote things up to assure them that there would be no acoustical, no concert, no anything like that that would bother anybody. MOORE: And just part of this, the background is the garden has been operating for a long time; there have been a lot of activities there going on for a long time. And, you know, it came to the 7 EXHIBIT A attention that these were not necessarily within the counter permits. So, you know, in terms of long-term use activities, they are really, it’s very limited, or no increase in usage than it has been occurring. Now, one of the things that happened is once we found out and started this process, Barbara stopped all of these other activities; so the place hasn’t been in use since we started this application, once she found out that there were some issues going on. So that’s why you’ll see the greenhouses are used as greenhouse now, you know. So she has been trying to follow the rules. But in terms of long-term use, the garden has been used for community meetings, it has been used for special functions in the past. We are trying to legitimize and legalize those now. DEFRANCO: I think I should talk about Kamehameha Schools. Kamehameha Schools in the last year took two acres where the greenhouses are, and put them into commercial use, took my rent – come from a lease standpoint, excuse me – took my rent from $153 a month to $980 a month, and told me I had to get a special use permit to be, to do this, to do what I’m doing, and I said okay, I will do this. So I, you know, looking at how to exist, how to make it work, without imposing anything on my neighborhood, I think that, you know, I am glad that you are here and sharing this with me so I can even be more sensitive to how you are feeling, which I always respond, if someone tells me. I, oh, yeah, I have, I have these letters from other neighbors here that have written letters in support of Paleaku, and every other neighbor that I’ve talked to, including all the other neighbors across the street and on either side of me are 100 percent for what I’m doing, and they know that I respond to it. So, now I know this feeling and, you know, I will respond to it. I am sensitive like that. GIFFIN: Thank you. And I just conferred with the Director regarding other neighbors who may have concerns, and the Director affirmed that if there are any, any other public concerns, neighborhood concerns, in addition to going to the applicant, you can always call the Planning Department. And so I feel very good about on being there is an avenue for your neighbors or any one of the public to be able to express their views. DEFRANCO: Yeah, and, you know, I walk on the road all the time, too, and, you know, I am aware of that. And I actually work with the County roads department to clear rock off the road and to make it easy for people to walk on the road. So I think we share actually a lot of the same concerns that all my neighbors share, living on that road and being a good neighbor. GIFFIN: Commissioners, any other questions or concerns that you have about this application? Hearing none, thank you very much. And I just want to make sure that we only have one person who signed up for this agenda item, correct, Noriko? Thank you. Daryn, you look like you want to say something. ARAI: Madam Chairwoman, hearing the concerns that were expressed and the response by the applicant, if you allow me to maybe provide some perspective on this, and maybe it will help the Commission and the applicant to address the concerns. GIFFIN: Thank you. ARAI: First of all, the property, as well as the surrounding areas, are agriculture, or agriculturally designated, I’m sorry, and as such, it does allow various types of uses that are related to the cultivation of plants, crops, animals and so forth. It is not like a residential area where the uses are limited and, you know, maybe there is a greater expectation regarding the type of uses that could generate noise. It is an agricultural designated area and agricultural uses alone can sometimes 8 EXHIBIT A generate a higher level of noise than what residential areas typically experience. As witnessed by State Department of Health standards for noise, that’s higher than residential areas. But be that as it may, and not to minimize the concerns that were expressed, we do have a canned condition that we’ve used in the past. And thanks to technology, I was able to get a hold of it. But if you are interested, I could read it out to you. And if you feel that it addresses the concerns, it’s something that the Commission may wish to consider to include in this permit, should you be inclined to support it. GIFFIN: Thank you. Could you share it? ARAI: Sure. The condition would read as follows: “If the applicant fails to comply with the conditions of approval or is unable to resolve any public complaints, the Planning Director shall investigate, and if necessary, enforce the appropriate conditions. The Planning Director may, as part of any enforcement action, refer the matter to the Planning Commission for review. Upon appropriate findings by the Planning Commission that the applicant has failed to comply with the conditions of approval or has caused unreasonable adverse impact on surrounding properties, the permit may be suspended or revoked.” The language, I think, kind of captures and provides some assurance that should the uses create a hardship on, unreasonable hardship on neighbors, or impacts, we could bring it back before you for reconsideration. GIFFIN: Commissioners, how do you feel about that? I’d like some response. Brandi. BEAUDET: I’m supportive of the addition of the language. GIFFIN: Commissioner Nelson. NELSON: Likewise. GIFFIN: Commissioner Hickcox. HICKCOX: I have no objection to that. GIFFIN: Thank you. Maybe something from our corp. counsel? Your opinion. TORIGOE: Well, the Planning Department, or the Director, in any case has the authority, if there are new or, you know, other impacts, adverse impacts that could not have been reasonably foreseen, to bring a matter back for an amendment, or initiate that kind of action. So this is consistent with that. So, and I understand it’s something that the Planning Department has used in the past, so I wouldn’t have any problem with the Commission considering this at this point. GIFFIN: Thank you. Planning Director? LEITHEAD TODD: If the Commission feels that this will help, alleviate some of the concerns, then you are, you know, it’s obviously up to the Commission, if you want to add that in. GIFFIN: Okay, thank you. ARAI: Madam Chairwoman? Sorry -. 9 EXHIBIT A GIFFIN: Daryn. ARAI: One last item. And part of the reason why sometimes this condition may be restating the obvious, something that we already have the ability to do, but it’s in some ways an expression to make sure that both the applicant and anyone who reviews the permit is very aware that such an opportunity can be taken, so -. GIFFIN: Yes, and I’m sure you saw by my face that that was a concern of mine, because I felt that even though this is an ag-designated lot, there are some legitimate concerns by adjoining property owners or the neighborhood that are well taken. And I felt that, at least personally, this might serve everybody well. Did you have anything more you wanted to add? ARAI: I’m fine, thank you. GIFFIN: Did you -. How do we go about this then, Ivan? Should I take a motion to, or should Daryn just go ahead and add Condition No. – I think it’s 10, no 11. HICKCOX: Madam Chair? GIFFIN: Commissioner Hickcox. HICKCOX: I am somewhat curious to see how the applicant feels about adding that particular clause. GIFFIN: Thank you, thank you. Ms. DeFranco? Thank you, Commissioner, for bringing it to my attention. Ms. DeFranco. DEFRANCO: I think it’s fine with me, you know. I sincerely believe that I want to be a good neighbor. And if my neighbor comes to me and tells me something, I want to know that it’s irritating or bothering them, so I can do something about it. If I don’t know, then I don’t know, I can’t do anything about it. So I feel good. I feel like I can, you know, do the outreach and make Paleaku a good thing and not impact my neighborhood. GIFFIN: You know, that was the sense that I got out of you when you were testifying. And so I didn’t mean to overlook your approval or your consent -. DEFRANCO: Thank you, yeah. GIFFIN: But I did get the sense about you that you were open and very, very amenable to comments from your neighbors. DEFRANCO: I am. Thank you. GIFFIN: Good. Commissioner Hickcox, anything else that I might have overlooked? HICKCOX: No, ma’am. 10 EXHIBIT A GIFFIN: Okay, then I guess what I need is process. Daryn, we need to have input from you in terms of how we should include this condition and where, I mean, it may not necessarily be No. 11, it may be inserted somewhere else. ARAI: Probably the most, probably include it as Condition 8, with all subsequent conditions to be renumbered. And I believe, if you are inclined to support this application, that you can do it all as a single motion by accepting the Planning Director’s recommended conditions of approval, with inclusion of the new Condition 8 as I read to you, with the remaining conditions to be renumbered accordingly. GIFFIN: Thank you. Commissioners, did you get the gist of what Daryn just said that we could in one motion then, if we are inclined to approve this application, with the conditions as put forth by the Department, with the inclusion of a new Condition No. 8 as read by staff, and the renumbering of the subsequent conditions, 9, 10 and 11, correct? Do I hear a motion? Or any discussion? Let’s go to discussion first. As I stated earlier, I have a sense that this is an application that could be met with approval and satisfaction by everyone including the surrounding neighbors and the public. I like it that we have this new condition. And that’s all. Anybody else have any comments? Hearing none, do I hear a motion? Commissioner Beaudet. BEAUDET: Yes. I move that, move in support of the Planning Director’s recommendation of approval for Special Permit Application No. 12-000137, along with the conditions as stated and new Condition No. 8 as read by staff, with the renumbering of subsequent conditions. GIFFIN: Great. Do I hear a second? HICKCOX: Second. GIFFIN: Commissioner Hickcox. It’s been moved and seconded that the application, Special Permit Application No. 12-000137, along with the recommendations as submitted by the Planning Director, which includes a new Condition No. 8 as read by staff, and the renumbering of Conditions 9, 10 and 11, be approved. Daryn? I’m sorry. All those in favor? HICKCOX: Daryn. GIFFIN: We have to do individual, but you want to say something, don’t you? ARAI: You said renumbering of Conditions 9, 10 and 11. There really is no, I’m not sure what the proper way of saying it, but there is only Conditions 9 and 10, so it would just be the renumbering of Conditions 9 and 10. GIFFIN: Okay, to be 11, right, because then if we -. ARAI: Yes, yeah, I understand what you are saying -. GIFFIN: Okay. ARAI: But I just wanted to make that clear. GIFFIN: Okay, thank you. 11 EXHIBIT A ARAI: So -. GIFFIN: Hearing none, staff? ARAI: Okay, we’ll do a roll call. Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Nelson? NELSON: Aye. ARAI: Chairwoman Giffin? GIFFIN: Aye. ARAI: Madam Chairwoman, the motion carries with four aye votes. GIFFIN: Thank you very much. And thank you very much for coming. The discussion ended at 10:21 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 12 EXHIBIT A