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HomeMy WebLinkAbout2017-08-17 Leeward Exh A (AMEND SPP 1247) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT AUGUST 17, 2017 A regularly advertised hearing on the application of RT’S SERVICE, LLC (AMEND SPP 1247) was called to order at 9:32 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Scott Church, Collin Kaholo, Perry Kealoha and Barbara Nobriga ABSENT AND EXCUSED: Sonny Shimaoka ALSO PRESENT: Malia Ho Hall (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary) And seven people from the public in attendance. APPLICANT: RT’S SERVICE, LLC (AMEND SPP 1247) Request to amend Special Permit No. 1247 by deleting Condition 2 (life of the permit), Condition 6 (increasing days and hours of operation), increasing the number of stored vehicles to 135, and expanding the permit area to 1.647 acres. Special Permit No. 1247 was issued in 2004 to allow office and storage uses for investigative/collection services, a towing service, and short term parking for repossessed or disabled vehicles on approximately 14,273 square feet of a 5.006-acre parcel in the State Land Use Agricultural District. The property is located along the west side of Kauakea Road, approximately 400 feet north of the Kauakea Road-Māmalahoa Highway (Highway 19) intersection, and abutting the Nani Waimea Subdivision, Pu‘ukapu Homesteads, South Kohala, Hawai‘i, TMK: 6-4-017: Portion of 064. UNGER: The first item on the agenda, Number 1, Applicant RT’s Service, LLC, Amend Special Permit 1247: Request to amend Special Permit Number 1247 by deleting Condition 2, life of the permit, Condition 6, increasing days and hours of operation, increasing the number of stored vehicles to 135, and expanding the permit area to 1.647 acres. Special Permit Number 1247 was issued in 2004 to allow office and storage uses for investigative/collection services, a towing service, and short term parking for repossessed or disabled vehicles on approximately 14,273 square feet of a 5.006-acre parcel in the State Land Use Ag District. The property is located along the west side of Kauakea Road, approximately 400 feet north of the Kauakea Road-Māmalahoa Highway intersection, and abutting the Nani Waimea Subdivision, Pu‘ukapu Homesteads, South Kohala, Hawai‘i, TMK: 6-4-17: Portion of Parcel 64. Staff? JACKSON: Thank you, Mr. Chair. Good morning, everybody. So, your first application is a request to amend Special Permit 1247. The applicant is RT’s Service, LLC. The subject property is 1 EXHIBIT A located in the South Kohala District, just east of Waimea Town. And to orient the Commission, you have Māmalahoa Highway running in an east-west direction through the bottom of the slide, White Road is located to the west about three streets over, and then the subject property is located off of Kauakea Road and is outlined in red. The current zoning for the property is Agricultural-5 acres, which is shown in the light green. The applicant received the Special Permit in 2004 to allow office and storage uses for investigative/collection services, towing service, and short term parking for repossessed or disabled vehicles on approximately 14,000 square feet of land. The permit had a five-year permit life in order to give the applicant time to relocate the business to an industrial-zoned property. On January 11, 2010, the Commission approved another five-year time extension to the permit life, which expired in January of 2015. The applicant submitted an amendment application in February 2015, but withdrew the applicant. And now here they are today with a new application to amend the permit. So they are currently requesting the following amendments: To delete Condition Number 2 in order to remove any time limit on the permit life so the operation can remain on the property in perpetuity; amend Condition Number 6 to extend the hours of operation to 24 hours, seven days a week – the current hours of operation are limited to between 6:30 a.m. and 4:30 p.m., Monday through Friday; and to increase the number of vehicles that can be kept in the vehicle storage facility from the current level of 20 to 135 vehicles, including five company vehicles; and lastly, to increase the Special Permit area from approximately 14,000 square feet to 1.647 acres. This is the applicant’s site plan. You have Kauakea Road on the right side of the slide. The driveway is in this general location here. There is a gated entry for security purposes. The applicant’s home is located in this area and he has, I believe, two or three garages. And then you can see the Special Permit areas outlined in black. It excludes the home and it extends over towards Nani Waimea Subdivision and then back towards Kauakea Road. This large structure here is a shop that the applicant uses to repair the company vehicles. And then just to the east of that is a modular office trailer and then the vehicle storage area is kind of shown in the shaded color in this area here, which is gravel. So, it’s not shown on the site plan, but there is – I lost my pointer, let’s try again, there we go, okay – so, it’s not shown on the site plan, but around the perimeter of the shaded gravel parking area is an earthen berm and it extends all the way from here along this area in this general area, then up to the top. And I will show you that in just a moment here. So, these are some photos taken back in 2015 of Kauakea Street. The view on the left is looking north, and you can see the driveway on the left side. You can also see that there are some ironwood trees along the property line for screening. And the photo on the left, I’m sorry, on the right shows the view standing near the driveway looking towards Māmalahoa Highway, which is in the background. Again, you can see the landscape hedge along the property line. These are photos of the vehicle storage area. The photo on the left shows the south side; so this is standing kind of in the middle of the vehicle storage area looking towards Māmalahoa Highway. So, you can see the high earthen berm in the background. And then the next view is looking towards the Nani Waimea Subdivision. Again, you can see the earthen berm, as well as some ironwood trees. 2 EXHIBIT A And then this is a view of the northern portion of the vehicle storage area. You have some earthen berm that’s covered in vegetation and again some ironwood trees, and then you can see a little bit of the house in the background here. And this view here is standing in the vehicle storage area looking back towards the gated entry and driveway, and you have the applicant’s personal garage on the left side and then the modular office trailer on the right side. And this view is of the shop that the applicant uses to repair his business vehicles, and then the view on the bottom is the modular office trailer. The Planning Director is recommending approval of three of the applicant’s requests that is to extend the hours of operation, to increase the number of vehicles stored on the property, and to increase the permit area. The Director is recommending denying the request to delete Condition 2 to remove the permit life and instead recommends amending the condition so that the permit expires upon the sale or transfer of the property by the landowner. And I’ll just explain a little bit more of the reason for the denial request. When, just for a little bit of history and I’m sure the applicant will go into this as well but, when the applicant purchased the property, there was already a, I think it was a tow business on the property operating, it was Miranda’s, Miranda’s Towing, and that had received a Special Permit long time ago with a permit life. Miranda sold to Mr. McCullough and then he started his towing business and collection service. And, you know, for some time now the plans for Waimea have only shown industrial out by the airport, which is shown on this map here in the gray color. This is the airport here. And you can see Mr. McCullough’s property is in this location here. The east side of Waimea has really good soils for farming, and so even though there’ve been quite a few requests for like auto repair businesses popping up on the east side of Waimea, you know, the businesses are needed to serve the community, but the Commission over the years has wanted to try to redirect those businesses to the industrial area. The problem with that, though, is that the industrial area on our plans, even though zoned, it’s not actually a viable area at this time for industrial development because the waterline that goes out to this area is small; it’s too small to support industrial uses. So, even though the area has been zoned for industrial for about 25 years now, it’s just, it’s not viable for those uses. So, hence, that’s why we’ve continually added a five-year permit life onto these permits. Just recently, probably in the last eight years, some of these operations that have been coming in, they start out with a five-year permit life and then the Commission sees that there is no industrial areas in Waimea, so they end up eliminating the permit life. These are typically smaller operations, though; we have Deluz Auto Repair and then just east of Mr. McCullough’s property is an auto repair business called Cayetano, he is the owner. So, those both have had their permit life removed from their Special Permits. But, as I said, they are smaller scale than the applicant’s operation. So, you know, in light of the fact that the General Plan shows industrial in an area that’s not currently viable, the South Kohala CDP also shows industrial in this area. But, you know, also knowing that the applicant’s business really does serve a need for this community and, actually, the North Kohala District, South Kohala District and Hāmākua District all benefit from his towing services. So, with that in mind, the Director recommends allowing Mr. McCullough to continue to operate his business on the property, but when he sells the property or transfers ownership, then the use would cease. 3 EXHIBIT A And before I conclude my presentation, you should have the background and recommendation from th the Department, as well as a letter sent by Calsmith Ball on August 8. And that does conclude my presentation. I’ll be happy to answer any questions. UNGER: Thank you. Commissioners, any questions? CHURCH: Right, it’s just a general question. Here is a situation where the permit was initially issued in 2004 and was extended to 2010, and then it expired in 2015. So, then they made an application for an amendment and then withdrew it. So, my questions is, and it’s just really kind of an informational one for me, is the permit has expired, and so it’s been expired for two years, yet the operation apparently continues to operate. Are there any consequences that the County normally applies to situation where the permit has expired and yet operation still continue on for years? JACKSON: Well, in this case the applicant has been consistently working towards bringing the permit into compliance and extending the permit life. In 2015 he did apply for the amendment. There were some issues that we ran into because there was an ordinance for his property when he got, when the subdivision was first rezoned that limited the size of the property that could be used for non-agricultural uses. So, that, the Planning Director issued, initiated an ordinance to amend that ordinance to remove the restriction — CHURCH: Okay, and I’m not attacking, I’m just interested. JACKSON: Yeah. CHURCH: Okay, so in other words in every case then is taken on its own merits — JACKSON: Yes. CHURCH: — as to whether or not there are some consequence to it, and if you know that there is an application forthcoming and there is, it’s meritorious, then it’s better to simply move on. JACKSON: Absolutely. UNGER: Just a point of clarification also. If we continue to, you know, go down this road about talking about essentially grandfathering the use in, I would like some more clarification from Planning in regards to when the permit ceases. Because, if you look at your recommendation, at the top of Page 8 it talks about if “the property is transferred or sold to a different owner. This will allow the business to continue to operate and expand until the landowner permanently closes his business,” so that’s one trigger. And then on the conditions on Page 9, it talks about “The life of the permit shall run with the current owner, David McCollough Trust, and shall cease upon sale or transfer of the property to a different owner.” So, it looks like the intent is kind of a grandfather-in, should this applicant continues to run the business. But, but I guess we need to look at, if he leases the business, sells the business and retains ownership of the land or something happens with the Trust where right now you are looking at the owner being the Trust, and trust changes. So, it’s just some details, again, if we are going down this road, and the Commission agrees with maybe this permit will end upon sale or transfer of the business. That’s just a detail we probably need to spend a little bit more time on. 4 EXHIBIT A JACKSON: Did you want clarification on that or is it just a — UNGER: Well, what happens if the applicant leases the, or sells the business and retains ownership of the property, for example? JACKSON: I guess the intent of the condition, I don’t know that it came out that way — UNGER: Okay. JACKSON: — but the intent of the condition was that if he sells the business or sells the property. UNGER: Okay. And that’s not stated, but that’s fine, it’s just a heads-up that — JACKSON: Yeah, that could be clarified, if you would like, in the condition. UNGER: Okay, very good. And I think that is the intent — JACKSON: Yeah. UNGER: — of the recommendation from the Planning Department. JACKSON: Yes. UNGER: Okay, thank you. Commissioner Carr Smith. CARR SMITH: And what about the trust issue? If there is somebody in his trust that would continue with the business? JACKSON: I think what I would like to do is have the applicant explain the nature of the trust and the business, and then maybe we can better answer that question. UNGER: Great. CARR SMITH: Thank you. UNGER: Any other questions of staff? Thank you. Would the applicant or representatives come forward at this time, please? Please raise your right hand. Do you swear and affirm to tell the truth in front of the Planning Commission? TRIANTOS: I do. MCCOLLOUGH: I do. UNGER: Please state your name and place of residence. 5 EXHIBIT A TRIANTOS: Mr. Chairman, Members of the committee, my name is Robert Triantos. I am a resident of Kailua-Kona. With me is Mr. David McCollough who is a resident of Kamuela. UNGER: Thank you. You can proceed. TRIANTOS: First of all, thank you for your time in looking at this application. But I think since the Commission members have addressed a certain issue, why don’t we get to that issue first; I’ll let Mr. McCollough talk to you about trust issue and about the sale and/or lease of the property. MCCOLLOUGH: So, the way my trust is set up, my, I have one son that would inherit my house, should something happened to me. Our business is multi-generational right now; my father who sits right behind me, started the business with me, he retired, I took it over, my youngest son is now in the business, running the tow company. The plan is for him to have something to look forward to the rest of his life. And so, by putting the business into a trust, I’m sorry, my property into a trust, I control it; he can never do anything with it. So, if he ever decides he doesn’t want to run the business, the house is mine, the business is mine. If I sell the business, that means I’m done. I don’t need that house. I’ll sell the house. If he chooses to run the business like my father and myself have, I will always make it available for him to do that. But he’ll never be able to do anything with that house; he has to live there, he has to, you know, I won’t let him take a mortgage out on it. It’s paid for. I want to set it up such a way that he can’t fail unless he chooses to fail. And if he chooses to fail, I’m going to take it all back, sell it, and it’s done. So that’s the reason it’s in a trust. I don’t know if that answers your question. UNGER: I think it does, and it provides clarity to, I think, the Planning Department as well in the recommendation, because if indeed they are recommending that the owner is the trust, well, essentially then if your son takes it over and continues to run the business, then that’s a continuation, then that’s part of the recommendation. So, that’s an important factor to know. Thank you. MCCOLLOUGH: Thank you. TRIANTOS: If the Commission members have any other questions, we would be happy to address those now. We have reviewed the recommendation of the Planning Department. We are in agreement with all of the recommendations. So we will leave it to you, if you have any specific questions. I don’t want to just rehash what the Planning Department has referred to you. UNGER: Very good. Are there any questions, Commissioners? CARR SMITH: I have a few. I was wondering why 135. Where does that number come from? MCCOLLOUGH: Where that number comes from is the area that I’m asking to expand to; that would be the maximum I could ever put in there. And so, what I don’t want to do is give a number that’s less than that, and then one day if we had some natural catastrophe, such as a hurricane, and we get bombarded with cars and all of a sudden I’m outside of my permit, what I’m allowed to do. So I was always told, ask for everything even though you don’t need it. CARR SMITH: Okay. Why 24 hours? You really operate 24 hours a day? 6 EXHIBIT A MCCOLLOUGH: So, with the tow company, yes, you have to operate 24/7, you just have to. You know, the police could call us at 1:00 a.m. in the morning for a two-car accident on the highway, then we’ve got to go. CARR SMITH: Will the increase to 135 cars change the berm configuration? MCCOLLOUGH: So, the berm that you currently see has been there for 20 years. It’s not going to change it. CARR SMITH: So, the expansion is within that area. MCCOLLOUGH: Yes. CARR SMITH: Have you had any neighbors express concern to you? MCCOLLOUGH: The only time they express concern is when I go to renew it, because they think something is happening they don’t know what it is. Other than that, I’ve had one neighbor ask me to cut down some trees because she didn’t like the leaves, and she goes I’ll support your permit, please cut the trees. And that’s it. CARR SMITH: Okay. Can you just explain to me something that I don’t know what this means is “investigative services” in your line of work? MCCOLLOUGH: So, we run two different businesses on the property: One is the towing and one is repossessions. So I have two different companies, RT’s Service and Tow Guys. So Tow Guys is just self-explanatory; we just run a tow company. RT’s Service does repossessions, investigations; it’s run out of the modular office. So investigation is — CARR SMITH: But what does that mean? Yeah — MCCOLLOUGH: — just part of — CARR SMITH: — investigating. MCCOLLOUGH: Basically, it’s, RT’s Service is 100 percent repossessions, but you need to do some investigating work to find the people. So that’s why investigation was put in there. CARR SMITH: And then what do you do with the repossessed vehicles? How long are they on your property? MCCOLLOUGH: A repossessed vehicle could sit there from one to two days up to two weeks. It all depends on the bank. If they are going to give it back to the customer or if they are just going to send straight to the auction. CARR SMITH: Okay, thank you. 7 EXHIBIT A MCCOLLOUGH: You’re welcome. TRIANTOS: Commissioner \[Carr\] Smith, just so you know, I was contacted directly from a person that was not a neighbor but was within the realm of the 300 feet, and they were asking about, just so you know, they were asking about lights, exterior lights; there is going to be no new installation of additional light or lighting, so that’ll address the concern of one of the neighbors. KAHOLO: Yeah, I’ve got a concern. You say you have a 24-hour service. In the event the police department call you because there is an accident on the highway, you need to get the vehicle off the highway onto your property. My question runs this way: Looking at your slides, okay, if I can think normally and an accident calls some sort of a leakage, whether it’s from the engine transmission, now, do you have anything to protect that soil from that liquid going into the ground? MCCOLLOUGH: So, I’ll answer that in two parts. If we tow a vehicle, that, one o’clock in the morning, that vehicle is left on our car carrier; it won’t get removed till the next day because then everything that may potentially be leaking out of it will leak under the car carrier bed where we can contain it. Once that vehicle is put on the ground and if it still has a leak, we have metal pans that we put under them to contain any leakage. KAHOLO: Okay, thank you. UNGER: Any other comments? Very good. Thank you. You can be seated now. We do have one member of the public here that wishes to testify. I’d like to call her up now. Jojo Tanimoto? Do you swear or affirm to tell the truth before the Planning Commission? TANIMOTO: I do. UNGER: Please state your name and your area of residence. TANIMOTO: Is it on? UNGER: It’s on. TANIMOTO: My name is Josephine Tanimoto, I go by Jojo, and I live in Kawaihae, South Kohala. UNGER: Great. Thank you. You can proceed. TANIMOTO: Okay, yes. I have been a member of the South Kohala CDP, but I am not representing them in any way today; I’m representing myself. So, that’s the background I come from. The CDP was established in 2010 after the original permit was allowed. At 2010 there was already a concern. And so, what caught my eye in the testimony from Carlsmith is that there was no input from the South Kohala CDP, and I thought that’s not right because it did come up in the first member cycle of the CDP. Maybe it didn’t get into the Planning Commission, or the Leeward, but there was an input from the community, okay? And then when I got on to the, oh, and 2011 is when we had the redistricting, and all of a sudden this place moved from South Kohala to North Kohala, but I don’t 8 EXHIBIT A know if the CDP was changed because the CDP hasn’t been updated yet, so that’s the confusion that I have. But currently what we have is the question of all the oil and the, whatever drippings from the cars that they store. We haven’t seen any replies as to the quality of the soil in an Important Agricultural Land subdivision. Waimea is uniquely a farming country and it should be noted that way as well. So it’s important, not like Lalamilo they allowed non-farming into the IAL, I mean, compared to Kona you have rocks, you have stone. Waimea you have access, you have roads, you have water, you have all the things that their testimony says that they enjoy is what farming, the Important Ag Lands are. What I also wanted to hit on was the traffic. When they originally got their permit, the traffic in 2004 is nowhere as how it is today. It’s closer to the traffic I got stuck in in Kona where the traffic actually stop. So there is a concern from especially the elders because they’ve got to go doctor, they’ve got to go store and their activities. And we found out on our trip that we did yesterday; you actually got to wait for the traffic to pass on Māmalahoa. One of the things that is being asked of the CDP is alternative routes. This place has roads that go and end at the end of the road, doesn’t connect, there is no alternative. There was a plan for a bypass and that’s not going anywheres. There is a plan for making another lane; that’s not going anywheres. We are requesting a traffic circulation study way back from 2011 is where I remember, and it has never happened. The same traffic study we are asking for in front of Long’s Drugs in town because the traffic coming from Hāmākua would normally go down to the harbor or people who got to go work at the hotels. So all of the traffic coming to town passing this place that we are talking about, and it impacts everything in Waimea. There is no alternative roads for that. There is also the need for lighting on the streets because people have seen cars parking on the side of the streets. So it doesn’t always look like how the pictures she showed. And I wanted to make sure that you folks know that the pictures you saw is not exactly what’s happening, okay? There’s no pictures of the Māmalahoa Highway. HALL: One minute, ma’am. TANIMOTO: Oh, okay, I can stop there. So my thing is I would ask that the Planning Director \[sic\] not approve this, and go into maybe another extension, if you must, but these people need to move; they don’t belong on the IAL lands and we want to keep it that way. Thank you. UNGER: Great. Thank you. Are there any other members of the public who wish to testify at this point? Do the applicants have anything further to say or respond or? You are okay? TRIANTOS \[in audience\]: Nothing, yes. UNGER: Okay, very good. I need a motion from the Commissioners to close public testimony. NOBRIGA: I so move. CARR SMITH: I was wondering if we could just talk about one more thing briefly — 9 EXHIBIT A UNGER: Sure. CARR SMITH: — based on the testimony of — UNGER: Sure. CARR SMITH: — Ms. Tanimoto. I was wondering if you could, you said that when and if cars — UNGER: Excuse me, is this a question for the applicant? CARR SMITH: It is. UNGER: Would the applicants come back up, please? CARR SMITH: Mr. McCollough, you mentioned that when a car, or if a car is leaking, that you put a pan under it. I think Jojo’s concerns about the land and the soils are valid. Can you tell us just what your protocol is for that on a daily basis? MCCOLLOUGH: Yeah, I’m going to back up a little bit about the soil on my property. When I purchased the property, it belonged to Miranda Trucking, not, it wasn’t a towing company. They had huge semi-trucks and dumps, and they had an arena set up for their rodeos, they had pretty much gotten rid of every bit of soil on that property to make it what they wanted. There was sand on the soil where the arena was. They had a huge diesel spill on the property that went down the highway, and they had to dig up all the contaminated soil, bring it back to my property, and bury it. And so, that was one of the reasons that I chose that property was it didn’t have the best soil on it, although it did at one time. So, we had to clean it up, get rid of everything that was in there that they left, graveled the parking area just to make it suitable to drive on it. The cars that we pick up, that we store, that are accident vehicles, they have been sitting at somebody else’s property, another tow company’s property for days; everything has drained out of them. I’ve actually had the Department of Health come up and look at my property and walk it with me, and they are like you are doing a great job, you are not dismantling anything, you have no cars that are in pieces, if you have anything that is, got a leak on it, please put a pan under it. And that’s what we did. So, to this day you could walk my property and not see a drop of oil anywhere on there, and it would be hard to miss on gravel because it does show up, the leak. So, by the time we get the cars back to our place, they have leaked everything out. So, the only thing that we are left with is, if we suspect there might be a leak, we put a pan under it. CARR SMITH: Okay, thank you. MCCOLLOUGH: You’re welcome. UNGER: Very Good. TRIANTOS: I was just going to say I think there was also the concern, the rest of the property is, in the presentation, is still used as agricultural area on the, let’s call it, the three acres, so it is still being used for agricultural purposes. 10 EXHIBIT A UNGER: Thank you. Commissioners, I need a motion to close public hearing. NOBRIGA: I so move. CHURCH: Second. UNGER: Motion by Nobriga, second by Church. All in favor? COMMISSIONERS: Aye. UNGER: Oppose? \[None.\] Motion passes. Commissioners, I need a motion. KAHOLO: Mr. Chair, I move that the application to amend Special Permit Number 1247 be approved based on the Planning Director’s findings, recommendations, and proposed amended conditions, which shall be adopted. UNGER: Do I have a second? NOBRIGA: I second. UNGER: Motion by Commissioner Kaholo, second by Nobriga. The floor is open for discussion. CARR SMITH: I would propose an amendment to that motion to include proposed amended conditions subject to Item Number 3 on Page 9 as previously discussed, “The life of the permit shall run with the current owner, David McCollough Trust, and shall cease upon sale or transfer of the business or the property to a different owner.” UNGER: Okay. CARR SMITH: And I say that keeping in mind that the son is a part of the trust, and if the son takes over the business, that’s not selling it to someone else; it’s within the trust. UNGER: I, I agree with the motion. I’ll vote in favor. I agree with the additional verbiage specifying exactly what can and cannot happen in regards to termination of the lease, or the business, or the permit. I mean in general we are grandfathering this project in, and I understand the public’s concerns, I understand the traffic, I understand the lighting, I would, and the environmental issues, I defer to Planning, Health Department, Public Works to work through those issues. I think the overriding backer for me is it’s a needed service, there is no other place to go. The Planning Department continuously gets these requests, and the fact is there is an already established business in operation right now. Really the only tool we have is the Special Permit until such time as a permanent industrial area in Waimea gets developed. So, I’m okay. I will be voting yes on the motion, and we’ll just have to clarify the motion when we go to vote as far as your terminology. CHURCH: I’m, it’s, so, we are going to be voting on the motion as, with the suggested amendment. 11 EXHIBIT A UNGER: Yeah, in fact, we can, I’ll repeat it. CHURCH: You’ll repeat it, okay, fine. And I would say that I would be supportive of it, too. I’m given some comfort by, the owner seems to be a very responsible individual who competently answers the questions across the board. KAHOLO: Yeah, I’m supportive of the project, too, because of what you’ve stated out there. Been in the service, I understand the pan that goes under the vehicle. We have big trucks, big pans that cover those vehicles, make sure the oil won’t leak into the ground. So, I thank you for what you are doing. CARR SMITH: One more comment. Just please make sure that you do be mindful and take care of the land, which it seems as though you are, but that’s an important thing to note. UNGER: So, I’ll go ahead and reword the motion for the record, then we can go ahead and vote on that. I move that the application to amend Special Permit Number 1247 be approved based on the Planning Director’s findings, recommendations, and proposed amended conditions, which shall be adopted; furthermore, the life of the permit shall run with the current owner, David McCollough Trust, and shall cease upon sale or transfer of the property or the sale or transfer of the business to a different owner. CARR SMITH: I’ll second that. UNGER: I think, okay, I think that covers that. Okay, so, we have a motion and, we have a motion, I guess, Noriko — HALL: I’d say the motion is from Commissioner Kaholo. You just restated it for him. That’s fine. UNGER: Okay, so, we have a motion on the table from Commissioner Kaholo, second by Commissioner Nobriga. Roll call? JACKSON: Commissioner Kaholo? KAHOLO: Aye. JACKSON: Commissioner Nobriga? NOBRIGA: Aye. JACKSON: Commissioner Carr Smith? CARR SMITH: Aye. JACKSON: Commissioner Church? CHURCH: Aye. 12 EXHIBIT A JACKSON: Commissioner Kealoha? KEALOHA: Aye. JACKSON: And Chair Unger? UNGER: Aye. JACKSON: Okay, the motion carries. UNGER: Thank you. Applicant, you’ll be notified in writing by the Planning Commission of the decision today. Thank you. The discussion ended at 10:12 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 13 EXHIBIT A