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COMMENT <br /> <br /> The Council should tread lightly when applying a condition to ensure that it furthers the <br /> public purpose or welfare. The concern seems to be one of traffic and the fact that a <br /> TIAR has not been prepared for the use. Perhaps, the condition should tie the use to the <br /> preparation of a TIAR and implementation of recommended improvements. The problem <br /> being there is no other rule or requirement triggering a TIAR when a level of intensity is <br /> reached. Ideally, the Department of Public Works should have an adopted rule that <br /> triggers a TIAR when a use on a property intensifies. Then it would apply to all uses and <br /> the County would benefit from such analysis. <br /> On the other hand, the question of Home Improvement Centers as a permitted use in the <br /> Limited Industrial zoned district should be evaluated on its own merits and the Code <br /> changed accordingly as suggested by the Planning Director. <br /> RECOMMENDATION <br /> 1. If traffic is crucial when a Home Improvement Center is proposed, the Council might <br /> replace the prohibition condition as follows: <br /> "D. [No Home Improvement Centers may be constructed on the Limited Industrial- <br /> zoned portion of the property.] If a Home Improvement Center is proposed a Traffic <br /> Impact Analysis Report (TIAR) shall be prepared by the applicant or assigns and <br /> submitted for review and approval by the Department of Public Works Mitigation <br /> measures recommended by the TIAR shall be installed prior to issuance of a certificate <br /> of occupancy for the Home Improvement Center." <br /> 2. To address Mr. Arakaki's desire to position Milo Street extension for future <br /> improvements and dedication, Condition H would read: <br /> "ML-20 District: The applicant shall comply with the standards outlined in Standard <br /> Details for Public Works Construction R-34 (revised-top of page) and shall provide <br /> improvements, including shoulders and continued berm treatment, to the [Limited <br /> Industrial zoned] Milo Street extension frontage of the ML-20 zoned portion of the <br /> property [including the '/z section of the roadway frontage with shoulders and <br /> continued berm treatment. Should the Milo Street extension to be dedicated to the <br /> County in the future, the applicant shall improve the roadway frontage to full <br /> dedicable standards.] <br /> ML-20 and Ag-5a Districts: The applicant, successors or assigns shall dedicate its '/z <br /> section of the Milo Street extension frontage total 60-foot right-of-way) of the subject <br /> property at no charge to the County at the County's request. Further, prior to <br /> dedication, the '/z section of the ML-20 roadway frontage shall be improved to full <br /> dedicable standards at no cost to the County. A copy of the proposed covenant(s) to <br /> be recorded with the Bureau of Conveyances containingthis dedication provision shall <br /> be submitted to the Planning Director for review and approval prior to the issuance of <br /> Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an <br /> instrument executed by the applicant and recorded with the Bureau of Conveyances <br /> prior to the issuance of Final Subdivision Approval." <br /> z <br /> <br />