2024-02-20 PL-REZ-2023-000053 Gail Rhoades Letter to Zendo & PC Testimony

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The lawsuit against Manono Corner LLC would be for creating an "attractive nuisance". If a building is closed at night then after-hours security will need to be addressed An empty building with places to hide in the back will attract the homeless, drug users and others who should not be on the premises. In our testimony at the January Windward Planning Commission meeting we spoke about our concerns regarding security as we have been burglarized in the past. We strongly feel the application for zone change should be denied. If this does not happen, then the following conditions are requested: 1. ZONING DEFINITION LIMITATION: No vehicle inducing establishments to be allowed with the MCX zoning change. This would eliminate any drive throughs, convenience stores, gas stations and other like entities. 2. TRAFFIC CONTROL: Applicant to place road barriers in the parking lot to dissuade auto drivers from cutting through the parking to lot to avoid the intersection. Example barriers are like the speed bumps like those found in the United States Post Office parking lot near the airport. Applicant to use existing driveway for Manono Street right only exit in concert with the Department of Public Works' written recommendation to the Planning Department. 3. LIMITED HOURS: Limit the hours of operation to 6am to 10pm. This would negate bars/lounges and 24hr entities. 4. LEAD DUST MITIGATION: Dust barrier enclosures to be erected prior to demolition of existing structures and debris clearance and construction to mitigate exposure to residential properties adjacent to and near the property of lead dust and dust in general. Our alternative is to file a complaint with the EPA which could delay demolition and construction possibly for months. 5. MITIGATION FUND: Because this development will draw a number of cars and people to it, the Landowner should be required to create a Mitigation Fund of twenty thousand dollars annually. Fund would pay for, among other things, cleaning and preventative measures, rubbish collection/removal, and installation of window awnings due to excessive vehicle headlights shining into our bedroom. Among the rubbish anticipated to be deposited along the property includes syringes, human waste and other garbage too numerous to itemize. Medical waste requires special handling and disposal. My husband and I should not be held responsible to clean up rubbish generated by and coming from Manono Corner, LLC. We are bringing these issues to your attention for your thoughtful consideration and resolution. We have already met with the property owners and Sid Fuke (their planning consultant). Mr. Fuke stated in the meeting that he would draft language addressing the vehicle producing entities but his draft language does not meet our needs or concerns.