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HomeMy WebLinkAbout2014-06-05HEARINGTRANSCRIPT-PARADISEPARKBAPTISTCHURCHSPP14-163 WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT JUNE 5, 2014 Paradise Park Baptist Church A regularly advertised hearing on the application of (SPP 14-163) was called to order at 10:51 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Chairman Pro Tem Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Gregory Henkel, Raylene Moses, and Stephen Ono. ABSENT AND EXCUSED: Charles Heaukulani and Wallace A. Ishibashi, Jr. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), Jennifer Ng (Deputy Corporation Counsel for the Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner), Sarah Hata-Finley (Secretary), Kim Tanaka (Secretary), and Melissa Dacayanan (Planning Commission Support Technician). And approximately 21 people from the public in attendance. APPLICANT: PARADISE PARK BAPTIST CHURCH (SPP-14-163) Application for a Special Permit to establish a church and related improvements on approximately one acre of land situated in the State Land Use Agricultural District. The property is located in Hawaiian Paradise Park Subdivision at the southeast corner of Kaloli Drive and rd (23) Avenue, approximately 1 mile from the Kea´au-Pāhoa Road intersection, Kea´au, Puna, Hawai´i, TMK: 1-5-038:123. MIYASATO: Item 5 on the agenda, Paradise Park Baptist Church. DARROW: Thank you, Mr. Chairman. If I could direct your attention to our presentation, our next applicant is the Paradise Park Baptist Church, and they are requesting a Special Permit. The area of this subject application is within the Puna District of Hawai‘i. More specifically, we are looking in the area of the Hawaiian Paradise Park Subdivision, as well as the Orchidland Subdivision. For reference, we have the Kea‘au-Pāhoa Road running through the middle of the map. Again for reference, the different colors on the map represent zoning. This looks a lot like our last area. You have Agricultural - 1 acre above the highway or makai. The darker green represents Open zoning. There are certain areas within the subdivision that were set aside for community uses, and they were zoned open. The light blue, again, represents Agricultural - 3 acres and that is comprised of the Orchidland Estates Subdivision. 1 EXHIBIT E This is a closer view. For reference, we have Kaloli Drive running in a somewhat of a north- rd south direction and we have 23 Avenue or Naupaka Avenue. The subject application is located on the corner of these two roads. Again, for reference the colors represent zoning. We have Agricultural - 1 acre for the light green. Dark green represents Open zoning. The General Plan Land Use Pattern Allocation Guide Map for this area is Rural, and we also have the Medium ththth Density Urban node that we referred to earlier, that’s located along 24, 25, and 26. So this is right in that general area. The Puna Community Development Plan also identifies what they call the Hawaiian Paradise Park Regional Town Center area, and this application is located right on that corner there, so it’s in that area set aside for the Regional Town Center for Paradise Park. rd This is an aerial photo. For reference, again, we have Kaloli Drive and 23 Avenue with the subject property identified in a black outline. Currently, there are two existing single-family dwellings constructed on the property. This is a little closer view so you can see the current landscaping that is on the property, as well as the accesses that are being utilized at this time. The actual church is being proposed in this structure. This structure would be used as a rd parsonage for the church pastor. So currently, access is from Kaloli for the church and from 23 for the dwelling. The applicant is requesting a Special Permit to allow the establishment of a church and related improvements and activities within two existing structures situated on approximately one acre of land in the Hawaiian Park--Paradise Park Subdivision. One dwelling will be used for the parsonage for the church’s pastor. The other dwelling will be used for the sanctuary for services which will include two classrooms for Sunday school, Bible study and prayer, and an office. The church activities will also include special seasonal events and community outreach programs. This is the submitted site plan within the application. For reference, on the lower portion of the rd map we have Kaloli Drive. On the right side of the map, we have 23 Avenue or Naupaka Street. Again, we have access from Naupaka for the dwelling, and access is shown on Kaloli for the church. This is a representation of what the proposed parking might look like on the property. A condition to mention--so there has been a concern--the Planning Department received a letter from the Paradise Park Community Association, and they asked that access not be allowed off Kaloli Drive. There are, they in the letter, they talk about certain grandfathered uses, but because this use is changing from a dwelling to a church, that they would not consider this to be rd grandfathered. And so they’re asking that access be from 23 and prohibited from Kaloli Drive. We have reflected that within our conditions. Condition 3 states the entrance to the subject rd property shall be from 23 Avenue. Direct access to the subject property from Kaloli Drive shall be prohibited. We have received a response to the Association’s letter from the applicant’s representative identified as Planning Department Exhibit 10. rd These are site photos. This is on 23 looking mauka on Kaloli, so the actual Kaloli access is right in this general location. So you can see the heavy landscaping that’s in place already, as well as the sign and the entrance area. This is a little closer so it shows the access and sign. This 2 EXHIBIT E rd is on 23 Avenue looking towards Pāhoa. You can see that the road is paved up to the Kea‘au rd boundary of the property, so that’s not a concern at this point. Access to the residence from 23 is identified in this area. Again for reference, you can see the heavy landscaping in place. This rd is on 23 looking at the existing residence or the parsonage for the church’s pastor. This photo here mainly was to show that there is some room here on the Pāhoa side of the dwelling that there could possibly be used for the driveway to access the church. Maybe not so much on this side--it looks like there’s quite a bit of heavy landscaping and that might be difficult in that area. This is looking at the dwelling that would be used for the church, as well as a portion of the area for the parking. The Planning Director is recommending approval with the conditions that are attached. With that, that concludes our presentation. Thank you. MIYASATO: Commissioners, any questions for staff? Thank you. Would the applicant please come forward? Could you both please raise your right hand? Do you swear or affirm and tell the truth on this matter now before the Hawai‘i County Planning Commission? MOORE & OKA: I do. MIYASATO: Thank you. Could you please state your names and your residence. MOORE: My name is Michael Moore, 85 West Lanikāula Street, Hilo. I am the attorney for the applicant. OKA: I’m Norman Oka. I’m the trustee for the church. My address is HC2 Box 9522, Kea‘au. MOORE: I think we have no problem with the Planning Director’s Recommendation, except for the access issue. And as you--pointed out by Jeff, a letter was sent in requesting that access be rd prohibited off of Kaloli and only taken from 23 Street. I sent a letter in response, which is attached to your Background Report, and basically the church intends to—well, there’s two rd issues. Number one, access off of 23 onto Kaloli is—there’s a safety concern because there’s a rd blind hill towards the Kea‘au-Pāhoa Road, just before 23, so that you cannot see cars coming rd down until they crest that hill and it’s not a very far distance from 23. So there is a safety concern there, but more--I guess in my letter I pointed out that the church intends to build new th facilities. The church owns the adjacent lot that borders 24 Street, and within the next few years, they intend to build a brand new church facility on those two lots. We’d have to consolidate those two lots into one, and they’re going to build a larger church facility. At that th time, access for that facility will be taken off of 24, which is a much safer, has a much safer entrance onto Kaloli. And so in my letter, I pointed out the church is willing to commit and th stipulate to access off of 24 at the time that they build these new facilities. But in the meantime, makes a lot more sense from a safety perspective to allow access off of Kaloli directly, until these new facilities can be built. And I believe that Norman may have something to add to that. 3 EXHIBIT E OKA: Good morning Chairman and Planning Commission Board. I would like to address the idea that, of the recommendation from the HP, HP, HPP Board about entrance to the church on rd 23, as our attorney has mentioned, there is a very bad blind spot. Working at the parsonage and rd coming out on 23, more than once I’ve had to hit my accelerator very hard to, to avoid cars coming over the hill. I’m concerned for our parishioners coming out of there. That is one concern that I have. The other is the HP, Hawaiian Pacific, I mean, Hawaiian Paradise Park Baptist, oh boy, forgive me, the recommendation from HPP--HPP Board gave us--asked that we use the driveway closer to the boundary lines going Hilo side of the, of the house. That’s only 26 feet from the house to the fence line, which would mean we would really be right on the fence line if we put a road in there. I don’t think it’s fair to the neighbors to have traffic going by there. If we go the other way, the Puna side of the house, it would, there is more room, but the catchment tank is, is protruding into that, into that area and would make it somewhat difficult putting a road in there. As our attorney explained, we have purchased the property on Kaloli and th 24. We have plans of building a new facility there. And so that we would like to eventually, down the road, put the driveway coming in from there. We hate to spend the money of putting two driveways in. We are a small church. There are only approximately six families right now. So, financially what’s going on with this Special Use Permit, we will be required to put in a new septic system, at a cost of approximately $8,000 and a new catchment system to be built at a price of approximately $8,000, plus grading, and all the necessary things to get done. So that puts a heavy burden on the small congregation that we have at the present time. Once we have more congregants, and we plan to build the new church, you know, the feasibility of putting in a driveway is no problem. We were given the funds to buy this property from the Hawaiian Baptist Convention so God blessed us with property to build on. MIYASATO: Thank you. Commissioners, any questions for the applicant? Thank you. OKA: Can I say a few more things? The traffic for the Sunday services, we have probably, maybe five, six cars that are using that entrance and exit at the present time. If you had a family in there, I think you’d have more traffic going in and out of there at any one time, so you know, it’s only once on a Sunday morning that we are using it with heavy traffic. On Wednesday, there is only probably 3 cars that come, so it’s not like we’re putting a heavy burden on Kaloli at this time. MOORE: And also I’d just like to point out that in the Planning Department Exhibit 5, which is from the Police Department, they, the Police Department, stated that they did not anticipate any significant impact to traffic and/or public safety concerns. MIYASATO: Thank you. OKA: Thank you. MIYASATO: We do have one testifier that signed up, June Conant. Could you please raise your right hand? 4 EXHIBIT E CONANT: Yes sir. MIYASATO: Do you swear or affirm to tell the truth on this matter now before the Hawai‘i County Planning Commission? CONANT: I do. MIYASATO: Could you please state your name and residence? CONANT: My name is June Conant, President of Hawaiian Paradise Park. Hawaiian Paradise Park address is HC3 Box 11000, Kea‘au. We were unaware that they were purchasing the lot next to them to eventually build further things. Something else that I thought about since we wrote the letter is that a possibility might be a--so they wouldn’t have to have a two-lane road on the Hilo side of the property, is just do a one lane in, make it a one-way street. In other words rd coming in off of 23 and then out off of Kaloli. I think that would eliminate some of the safety concerns with the blind hill area. But our by-laws were changed back in 2010 to not allow new driveways to come off the main roads for safety reasons, so we’re trying very, very hard to, anyone that’s building new homes or anybody that’s changing the structure of the existing situations, to try and encourage people to come off of the side roads rather than the main roads. st We, of course, just recently the church on 31 and Paradise, we asked that all the traffic go off of st 31 rather than off of Paradise and that was granted, so--we certainly appreciate, you know, their financial situation, as I said, I was unaware until today that they were planning to expand in the th future and have a driveway off 24, which would be wonderful, but if they did just the one driveway, one lane, along the Hilo side of the property, I don’t think that would be that onerous to the neighboring person. I don’t think they’d have to take down all the vegetation that’s there, and then come out on Kaloli. Thank you. MIYASATO: You have any questions, Commissioners, for the testifier? Thank you. Could I call back the applicant, please? Do you have any comment to-- OKA: Just to let you know, that drawing is not fully representational -- MIYASATO: Excuse me, excuse me, can you use the microphone? OKA: Oh, I’m sorry. The drawing that you see is not really – I don’t know if it’s to scale. The distance from the corner of the house to the fence line is only 26 feet on the Hilo side, and from the catchment tank—okay, yeah, from this corner to the fence is only 26 feet and from the catchment tank to the fence here actually is wider than it looks because it’s like 33 feet because this is a 30-foot setback, so the catchment tank is actually, sits back a little bit further here. So coming into here, you’re gonna push this driveway really close to this fence all right, and coming in, in this way, you’re going to be really close, to the, to the, to the corner lot here – the corner of the road. 5 EXHIBIT E MIYASATO: So the proposal by the Paradise Park Board that was just mentioned would not work on this property? OKA: I think it would be—it, we could do it, but we hate to put two driveways in, being that we th plan to put a driveway in coming off of 24. I know that we have a three-year time limit to, to complete all the stuff that’s required, so we’re hoping that we can get that driveway done within th that three-year period, coming off of 24 so we only have to do it once. MIYASATO: Okay, thank you. Any questions? Commissioner Henkel. th HENKEL: You already own the lot off 24 right? OKA: Yes, we were given the funds to buy all three lots. th HENKEL: Could you go ahead and put the initial driveway off 24? OKA: Well we -- HENKEL: It wouldn’t be much longer than -- th OKA: It would be, it would be probably the same distance coming off of 24 as it would be to rd 23. It’s just right now, it’s just finances being that we have to update both our septic and our catchment. HENKEL: Cause, I mean I’m familiar with Kaloli and those blind hills can be pretty treacherous and I was -- rd OKA: Oh, that one on 23 is—you know, I’m surprised that there’s not more accidents there. th You know, we’re willing to do the driveway on 24 as soon as possible, but you know, right now we are in the process of getting a new pastor in so--and we’ve been working with, at the most, maybe five families, in the, that have been contributing to the finances of the church. rd HENKEL: On the map behind you, could you point--the hill is to the right of 23, right? Which rd makes 23 the dangerous -- OKA: Yeah, the hill is, is back over here. So that’s about the crest of the hill back here. There is a sign back here that says there’s a blind hill coming up so, so people coming up the road this way don’t see anything until they hit the crest of the road back here. People coming out can’t see anything of a car because it’s a deep dip before it, so you can’t even see the car you know the top of a car or anything coming down the road. MIYASATO: Commissioner Ono? 6 EXHIBIT E ONO: I’m trying to alleviate the--would it be possible to recommend a speed bump right at the rd crest of the hill so that the traffic would be slowed down on 23, or whatever, whatever that crest of that hill would be so that we could-- OKA: Yeah— ONO: --provide some safety—. OKA: --You know, being that it’s a major thoroughfare, it’s, it’s one of four --you got Shower, Kaloli, Paradise and Maku‘u. They’re the only major thoroughfares coming out of the Park and to put a speed bump there. I don’t see that being a feasibility. ONO: When we say that, just out of curiosity, the traffic that we’re looking at I mean, as busy as one car in five minutes, I mean, what are we looking at? OKA: During--before work and after work, there probably--it’s quite heavily traveled, because Kaloli is one of the most saturated roads going into the Park. ONO: I see. Thank you. MIYASATO: Commissioner Henkel. rd HENKEL: You know, I’m sympathetic with you because of the danger there on 23 Street, but I also understand why the HPP Association wants to limit the entrances to Kaloli, because it is so saturated. I’m really at odds with myself as to, you know, what we can do to make everybody happy. OKA: Yeah, I understand that, but being that we hold services on a Sunday, the traffic is not conducive to being as heavy as it is during the work week. Sunday mornings by the time we let out, traffic there, I mean the church, the traffic coming, when the congregants leave is very light. It’s, you know, there’s not that much traffic on that road on a Sunday that it would be on a work week. HENKEL: But I worry about the precedent if--you know, if they let you have street access, then in effect they would have to allow other people--. OKA: Right. Well, it is not a permanent thing, because we do plan to build the new sanctuary th on the lots on 24. So it—it, you know, as funds get developed to build that new property, then th we can address the idea of putting a driveway in from 24. MIYASATO: Yeah, could you please come back? CONANT: Something that we might be able to live with is if there were maybe a year th stipulation that the driveway from 24 had to be put in. I don’t know whether that would be 7 EXHIBIT E something that would be feasible for them, that would give them a year to get the financing to do that, but as I said, we just don’t want a permanent arrangement that everything comes out on Kaloli. But as I said, you know, my information this morning was brand new that they had this other lot and they were planning to expand onto that eventually, but as I say if there was going to be a short-term arrangement, we could live with that. But they are planning also a part of their petition is community events and things like that so it’s not just Sunday morning that they’re talking about, which I agree, Sunday morning the traffic is much lighter. But as I say if we could th have, perhaps in their petition, to have within a year that their driveway would come off of 24 and the Kaloli one would be shut down, that might be amenable. OKA: Would it be possible to give us a two-year window? I know, I know I’m pushing it, but you know, right now as a trustee of the church, I’m looking at $16,000 just to upgrade to meet Fire, Health, and sanitation of the church. To come up with another seven thousand or five th thousand dollars, what it’s going to cost just to cut a road in, not even to clear the lot on 24. We’re really, you know, pushing our finances as it is. ONO: Question. MIYASATO: Commissioner Ono? ONO: I’m trying to resolve this thing. Who says it has to be paved? Why don’t you just clear it and just leave it a dirt road? OKA: Oh, we’re not--we didn’t even consider paving. Just to have it cleared-- ONO: Five thousand dollars? OKA: We had, previously we were going to do an application for the new sanctuary and the Special Use Permit for the church that we’re occupying, going to occupy, and the Fire Commission told us that we needed 240,000 gallons of water because there’s no, there is no water on the road. So we kind of pushed that aside, looking at maybe a smaller building with fire protection systems in place. When we did that, we called for a couple estimates of clearing both properties. The estimates that we got were like $10,000 per acre to clear it. So that’s why th I’m saying $5,000 to just cut a road from 24 in to the church is probably what we’re looking at because there’s going to have to be fill-in and grading that has to be done, even just a stone driveway. MIYASATO: Any further questions for the applicant? Thank you. MOORE & OKA: Thank you. MIYASATO: Commissioners, do I have a motion? 8 EXHIBIT E HENKEL: Myles, could I ask Director Kanuha how he would feel about a time extension on the driveway? MIYASATO: Sure. KANUHA: Well, I think you have, on the record, a community association agreeing to a one- year extension to continue using the driveway, and then you have the applicant asking for two. Sorry, that really didn’t help you, did it? HENKEL: Well--. DARROW: If I could interject. Just to bring to the Commission’s attention. The paved aspect that the applicant was referring to comes out of our Condition Number 2, which is a requirement for Final Plan Approval. So at this time, it’s calling for paved driveway access and paved parking stalls. So that’s one of the issues there. Additionally, we, if it, if it, if the Commission is okay with this, we can change Condition No. 3--I’m not sure how this will go because the th application is specifically for Parcel 123, and not the one on 24, but we could put, “The rdth entrance to the subject property shall be from 23 Avenue or 24 Avenue. Direct access to this subject property from Kaloli Drive shall be prohibited after one or two years from the effective date of this permit.” So that’s a consideration. KANUHA: Mr. Chairman, I think--I think the real difficulty here, and I was thinking about asking it of the applicant but, you know, it’s obviously going to depend on their fundraising capability. And I think we all know that churches, particularly churches of this size and this nature, I really don’t believe they can commit to when they’ll be able to get to the next phase, I mean, you know in terms of financing so, you know, that’s why it’s going to make it really difficult to you know pin down a specific time. If they were okay with a year, you know then I see the community association making some, some concessions from that regard, so you know, I think your only choices are--a year deferral. I mean that, I think that’s the best you can do, or the condition that’s, that’s in here now. MOORE: Mr. Chairman, can we approach? MIYASATO: Yeah. MOORE: Regarding the matter that Jeff just brought up about Condition 2, plan approval, that requires paved driveway access and paved parking stalls. We would like the Commission to amend that requirement so that the access driveway and the parking can be by gravel, crushed gravel. Often times the Planning Department will grant variances with respect to road requirements off-site. This is on-site. It’s not going to be used by the general public, and it would greatly help the church if that could be amended to gravel instead of paving. KANUHA: How would, Mr. Moore, how would that help the Commission reconcile the timing for the application? 9 EXHIBIT E MOORE: I defer to the Commission in terms of the timing. I’m, we’ve obviously requested two. They’ve agreed to one and I, the Commission has to make that, maybe split the difference, but the paving is a big issue actually, more so than one or two years, and we really would like that to be addressed and amended. th OKA: I think the cost of doing a paved driveway from 24 to the church property would be a lot more than just doing a stone driveway. That cost would be quite burdensome on the church. MOORE: Thank you. ONO: Excuse me, Mr. Chair. MIYASATO: Commissioner Ono. ONO: Am I understanding you to say that if we don’t recommend this paved driveway and the th paved parking lot, that the funding would then be diverted to the clearings between 24 to the area so that you can accommodate the switch from—well, I guess what I’m asking is that you’re not, you’re going to spend the same dollar amount, but you’re going to be looking at providing a th driveway from the 24 Avenue, is that what we’re, you’re suggesting at this time? OKA: Yeah, it would be--there is, there would be a big price difference between having a paved, as they’re saying, a paved driveway coming to the, to the church parking lot, rather than a stone driveway. To have it paved would, you know, be very costly. th ONO: Yeah, my only, so that--you will still need to spend the money to provide that 24, the driveway. OKA: Right. ONO: But that, the other thing that I am concerned about though is that I still think, well my thoughts are that, we’re not going to excuse you from providing a paved driveway and paved -- OKA: Yeah, no we’re not, yeah. ONO: -- parking lot for the future, though. It needs to be addressed in the Recommendation if we’re going this route, that there should be a time table for you to provide yourself a paved parking lot for the church, for the area of the church. It’s not going to be left unpaved permanently. OKA: Okay, no, we plan to you know put in parking but like I said before we don’t want to develop this property as much as we plan to do the future sanctuary. You know, we don’t want to put all the money into this property and then you know not use it as much as we plan to. 10 EXHIBIT E ONO: Mr. Kanuha, what do you think? KANUHA: Commissioners, the staff and I have had a little discussion, so I’ll turn it over to Jeff. I think we have a proposal that we’d like to put forth and see what you think about it. DARROW: Thank you, Director. Previously, actually recently, we’ve had a Special Permit request for a church on Maku‘u, and the same request was brought forth to the Planning Commission, and the same concerns regarding quite a bit of paving and the cost with the, a church that’s relatively small in nature. And so the Commission approved all-weather, dust-free parking for that particular situation, so we can consider that in regards to this as far as the parking paved, I mean, driveway access. Additionally, there’s a concern that adding in the th driveway to 24, there, we haven’t included that in the request, but if the Commission does grant the time extension of one year, to allow them to utilize the parking area, I mean I’m sorry, to th utilize Kaloli Drive as an entrance and then be able to bring 24 in within that year, what we would ask the applicant is to return to the Planning Commission with an amendment to include th their proposal for 24, including the main church and whatever you’re planning on doing there. That way, as far as agendizing today’s hearing and this issue is moot as well as the allowance to be able to continue during that time. Is that clear, hopefully? HENKEL: One year to return? DARROW: Well, that’s up to your, you folks. th MOSES: I’d just like to make a comment. As far as that 24, the reason for them to come back for that amendment, is really giving notification for those who live on that street as well to have, if they have any issues regarding that, so I think that’s fair. MOORE: So if I may ask, when would that be agendized? DARROW: Well, again what we’re asking is that if the Commission makes a decision today to allow a time extension, whatever that time extension is, prior to that time extension ending, the th applicant would come back for their proposal for whatever they’re planning on doing on 24, so that can be included for the overall project. KANUHA: Okay, so essentially it’s a combination. It’s a combination of an amendment to Condition No. 2, which would allow an all-weather, dust-free surface instead of paved okay? And an extension of time to utilize the driveway off of Kaloli for either one year or two years, but at the end of, prior to the expiration of that time period, then the applicant would be required th to come in to amend the permit to include what you want to do off of 24. MOORE: Okay. OKA: Would that application request require us to put a drive--paved driveway in, or just a stone driveway? 11 EXHIBIT E MOORE: (inaudible to Oka) OKA: Oh, okay. MIYASATO: Any further questions? KANUHA: I think maybe you might want Jeff to restate what you’re doing here. DARROW: Okay. KANUHA: I think but he would need to have some guidance on which number you’re going to put in for the extension. DARROW: Okay, so for Condition 2, we’re looking at a simple change, instead of paved driveway access and paved parking, we would put all-weather, dust-free driveway access and all- weather, dust-free parking stalls. For Condition 3, we’ll just keep it simple. We’ll say the rd entrance to the subject property shall be from 23 Avenue, direct access, we won’t include the th 24 Avenue at this time--direct access to the subject property from Kaloli Drive shall be prohibited after whatever time period the Planning Commission, one or two years, from the effective date of the special permit. MIYASATO: Commissioners, have a motion? HENKEL: I’d like to move that Special Permit Application No. 14-000163 be approved with the Planning Department’s Recommendations, which are on Condition Number 2, all-weather, dust- rd free driveway access and parking, and entrance from 23 Avenue and direct from Kaloli Drive, shall be, direct access from Kaloli Drive shall be prohibited after one year, with a return to the Planning Commission with amendments at that time. MIYASATO: Do I have a second? MOSES: Second. MIYASATO: Is moved by Commissioner Henkel, second by Commissioner Moses. Do we have any discussion? DARROW: I’m sorry Mr. Chairman, I did not hear the last part. What was-- MIYASATO: It was moved by Commissioner Henkel -- DARROW: Oh, thank you. MOSES: I seconded. 12 EXHIBIT E DARROW: Yes, thank you Raylene, Commissioner Moses. Just for clarification--I’m sorry I’ve got all these things going on. Commissioner Henkel, so you’re wanting to add in a phrase that says that the applicant return to the Planning Commission at that time? HENKEL: To amend. DARROW: To amend. Okay, we’ll add on that additional--so at this point I have, just so I can be clear on the condition. Direct access to the subject property from Kaloli Drive shall be prohibited after one year from the effective date of the permit, and the applicant shall return to the Planning Commission for an amendment. HENKEL: Yes, as well as the dust-free, all-weather, dust-free -- DARROW: Correct. HENKEL: --in place of pavement. DARROW: Thank you. ONO: I have a question. MIYASATO: Yes, Commissioner Ono. ONO: For clarification, are we looking at within that one year time period that the amendments would take place or request? DARROW: Commissioner Ono, your question? ONO: Yeah, I’m looking at the one year time table. The amendments or--should be coming in within that one year time at least the Planning -- DARROW: Correct. ONO: -- so it’s not after that one year period. DARROW: Correct. ONO: Okay, thank you. DARROW: Thank you. MIYASATO: Any further discussion on the motion? None. 13 EXHIBIT E DARROW: Thank you, Mr. Chairman. So with that we’ll take the roll call. Commissioner Henkel? HENKEL: Aye. DARROW: Commissioner Moses? MOSES: Aye. DARROW: Commissioner Ono? ONO: Aye. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes four to zero. MIYASATO: You’ll be notified in writing. Thank you. The discussion ended at 11:40 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 14 EXHIBIT E