2021-09-16 Leeward Exh B (Item 1 SPP 21-227)

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worked with the county, they've submitted the fine payment, they have actively hired a consultant and then actively submitted a Special Permit to be able to try and get this permitted through the county. If this process does not work for them, then at that point, they obviously have to relocate. But we allow, except for extreme situations—we didn't feel this was "an extreme situation"that was affecting a number of people in a negative manner; we felt that this could be operated during the time that they could go through this process. We are finally at that place now where they are trying to get permitted. In regards to the building being where it's located, regardless of whether it was a building for a recreational facility or an agricultural building, it did go through a building permit and was allowed to be built in the location it's at. So it's, if they had concerns regarding the flooding to that building, that wouldn't have been permitted at that point. VITOUSEK: Commissioner Armbruster. Thanks for your patience. ARMBRUSTER: Sure, of course. I had a couple questions. I don't know if this would be for Robyn or the Planning Department, but I understand that there is a grading permit in place and that they are actively working on modifying the floodways, but is this stormwater mitigation in compliance, or have you all found or heard any evidence that the accusations about, you know, boulders and flooding on the other properties, is that actually going on, do we know? MATSUMOTO: They do have their BMPs, our inspectors go out occasionally to check to make sure. But I think regarding that major flooding event that had brown water in the bay, I mean, there was a lot of water coming from a lot of additional properties is my understanding from our inspectors. ARMBRUSTER: Okay, and then the access, is that I understand that they are improving that and that they are going to be altering it, but last time I was there it's just kind of like a sketchy dirt driveway—is that something that your traffic department would consider appropriate for commercial use? MATSUMOTO: We don't determine the type of material for commercial propertyI don't know, Jeff, does the Planning Department dictate that? DARROW: When it comes to a Special Permit, we have flexibility. In this particular case, we are asking for a paved driveway access as part of the approval in condition number 10. ARMBRUSTER: Thank you. VITOUSEK: Commissioner DeFranco. DEFRANCO: So I was, I wanted to just clarify. So this is for 2.3 acres within a larger piece of property. I have two, a couple questions there. So I'm assuming that these people have some kind of long-term lease with Bolton to establish this and to go through this special use permit. And, number two, are there plans on the table for what they are doing with the rest of the property? Is that somewhere in the — 7 EXHIBIT B