2006-05-26 TRoyal_Alii - Laserfiche WebLink

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LAU:Yes, we will do that, Commissioner. IWASHITA:Thank you. LAU:But may I make a suggestion -? IWASHITA:Sure. LAU:With respect to the condition. Norman, if you could help me. The mauka boundary of the property, could you point that out? Okay. The Trail may not touch that mauka boundary. So the suggestion I have is that lets take the distance from Alii Drive to that mauka boundary, whatever it is, I dont have a scale, lets say its 500 feet. Perhaps what the condition should read is that we will provide a metes and bounds description of the Trail from Alii Drive going mauka 500 feet. I think that that would meet with your concern; and I think itll be clearer thansayingthatwewillmaptheboundarytothemaukapointoftheproperty.Becauseifthe Trail doesnt hit the mauka boundary, mauka section, mauka line of the property, then I think we have an ambiguity in our condition. IWASHITA:I agree with your concern. The language that I think would be acceptable would be that the survey should extend up to the mauka boundary or theextension of the mauka boundary south, some language like that. LAU:That would be fine. I agree. IWASHITA:Thats fine. As far as the -. I guess that covers it. ALAMEDA:Thank you, Commissioner Iwashita. Commissioner Watanabe, you had your hand up earlier? WATANABE: No. ALAMEDA:Commissioner Graham? GRAHAM:Let me try to explain kind of where Im coming from on this. I dont have any specific objection to this SMA permit into your project. When I read my legal documents, grounds for approval of Special Management Area Use Permits, The Authority may permit the proposed development only upon finding that: and No. 1 here says, The development will not have any substantial adverse environmental or ecological effect except as such adverse effect is minimized to the extent practicable and is clearly outweighed by public health, safety, or compelling public interest. So applying this to what youre doing, the kind of adverse effects that we generally are concerned with with SMA permits are archaeological, Hawaiian cultural issues, access issues, viewplane issues, water quality issues. So I think you all, from what I remember and what I understand, are going as far as you need to go to minimize any adverse effects in this way as much as practicable. On the other hand, the second half of this says, and is clearly outweighed by public health, safety or compelling public interest. So, to me, the Judd Trail is a very real public interest issue; and, so, to me, for you to do a metes and bounds survey in the future of the Judd Trail doesnt feel like youre going very far towards clearly outweighed by public health, safety or compelling public interest. 7EXHIBIT C