2010-07-08 THNMP - Laserfiche WebLink

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WOODWARD: All right, do we have any questions? Okay, no, seeing none, thank you gentlemen. You may be seated. Okay, we do have eight people from the public signed up to testify. We would like to give everybody a chance to testify and still get through the agenda. So please limit your testimony to three minutes. And if you run significantly beyond, I will politely ask you to summarize. We have four seats up here, so let me call the first four who have signed up to testify. Thomas Yeh, Myke Metcalf, Brady Metcalf and Jame come up and have a seat. All right, good morning. If I can get you to raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. WOODWARD: Very good. Okay. And we ask that you give your name and address as you begin your testimony. And, Mr. Yeh, you signed up first so, Tom, youÓve got it. YEH: Thank you, Mr. Chairman. And good morning, Mr. Chairman and Members of the Commission. You know, I often come before this Commission seeking a balance of traffic related conditions, on the basis that sometimes whatÓs suggested is more than whatÓs required of the circumstances. In this event, this particular application really presents a perfect traffic st thatÓs going to arise if the Commission and the Council do not require concurrency of some of these traffic improvements that have been, at least are still being worked out between DOT and the applicant. I want to make clear that the Metcalf Family Limited Partnership on whose behalf IÓm speaking is not opposed to this project. If we had been opposed to this project back in July, back in December Ó09 when we pointed out to the applicant that they had exceeded the time conditions because of the situation of jobs and those kinds of issues, the word state, given the economy -. All that the Metcalf family is doing is asking that you consider before approving this particular extension request, imposing reasonable conditions that are directly tied to the traffic impacts that are related to this project. A lot has happened since 1991 since this zoning was first started. Now the Metcalf family has been operating Pahoa Auto Parts since 1987. They have a first driveway -. Now what IÓve provided to you was kind of a pictorial exhibit that shows where their first driveway is. Mr. Metcalf, Myke Metcalf will show you some photographs later. But basically there are three things that weÓre saying should be dealt with here. One thereÓs a concurrency ordinance in place which the County adopted. And the reason I provided to you a copy of the pertinent provisions of the HawaiÒi County Code is if you take a look in Section 25-2-44, what it talks about is the CouncilÓs ability to impose conditions on the use of the property. And then if you look at Subsection b, it says changes or alterations of conditions of any change of zone ordinance shall be processed in the same manner as the zone change. You then look at Section 25-2-46 which has these concurrency requirements that weÓve raised. And what it states there is that on Subsection Bagain, this section applies to any application for change of zoning district or for any extension of time to perform a condition of zoning, which is before this Commission now. So if you read those two sections together, they are exactly designed to fit the situation that we have before you, which is changed circumstances, greatly increased traffic conditions, Pahoa Market place having come in and adding traffic to a currently bad situation. The intersection of 3 EXHIBIT A