2005-11-18 TPARKERSCHOOL - Laserfiche WebLink

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LEITHEAD-TODD:The County supports adoption of the hearings officers Findings of Fact with the addition of the 13 conditions that were suggested by the Planning Department. And if you look at my list, my exceptions, my response to the exceptions. I believe that may be-. Im not sure what document it is on your-. But on my response to the exceptions, on page 9, Ive listed on pages 9, 10, 11 and 12 the 13 conditions that the department requested. And on page 12 we did make the correction that it states that if any of the conditions not be met or substantially complied with within a timely fashion the Planning Director may initiate procedures to revoke the permit. The standard that the department applies in reviewing these use permits is the standard of substantial adverse impact. Not whether theres no impact or some impact its whether its substantial. I think its important in looking at some of the information presented to note that you are looking at limited periods of time when you can expect the increased traffic. From your own personal knowledge of schools thats going to be in the morning when children are dropped off and in the afternoon when they are picked up. The evidence in this case also indicated that 40% of the incoming students are related to existing students. The references to theWaimeatrailsandgreenwaysofestablishingapedestrianpathisintheevidenceandpartof the reason its there is that there is anticipated that it will allow for children to be dropped off and walked back and forth between the elementary school and the existing campus. I think if any of you have had experience with children of various ages it makes sense for parents if you have kids going to a school in the same area to pick them all up at one spot. And so, I think that was one of the factors that everyone took into consideration in trying to determine how much of an impact increased traffic would have and that it was somewhat mitigated by the fact that a large percentage of the incoming students are related to existing students. The other factors I think you look at the recommendations of the departments and youre looking at professional engineers who have national standards that they look at. In looking at their years of experience and they made a determination that they did not feel that this was a substantial adverse impact because it didnt even warrant having the traffic impact analysis report done. Its unfortunate that we end up here a lot of times. I think its that people are always afraid of something new coming into the community because theyre afraid that the traffic will impact their lifestyle. Theyre afraid that theyre going to lose what they have. And thats the balancing act that you have to take a look at whether the potential impacts on the existing neighborhood rise to that standard of substantial adverse impact. Unfortunately there isnt a measuring stick in the code that can explicitly tell you what rises to substantial. Obviously in the eyes of some of the residents the proposed use to them is substantial. But I think you have to look at common sense, you have to look at the totality of the circumstances, the totality of the impact here and the limited times of the year and the number of days that this is going to increase traffic. Cause if the standard were that any increase in the traffic is substantial then you would never grant any use permits. So obviously that cant be the standard. The standard has to be substantial and the question for you is whether you agree with the Planning Department, Public Works Department and the hearings officer that the anticipated impacts of this use permit rise to substantial adverse impact. Thank you. GALDONES:Commissioners any questions of Ms. Leithead-Todd? Commissioner Siracusa? SIRACUSA:Yes, there was an issue that was raised by Mr. Woodell and its something that has come to my mind in the past. Somehow I was under the impression and correct me if EXHIBIT A 20