2012-02-02 Windward Transcript Galan

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KERN: Thank you. Madam Director? LEITHEAD TODD: Yeah, I was just going to say that generally when we’re looking at applications we are looking at whether the zoning being requested is consistent with both the General Plan as well as the Community Development Plan, and less so at the particular proposal, whether it’s a Longs, whether it’s a Burger King, and a Starbucks. We don’t get into judgment calls on whether what they are particularly proposing for that site is the best use of the site or the best proposal for that site. It’s whether they comply and are consistent with those documents that I have to review them against. And one risk with rezonings is that there are multiple uses that a particular rezoning can be used for. But there’s also a risk when you put in language that says something like “will substantially comply with the plans as presented.” Because then it becomes a judgment call sometimes on what is substantially complied with. And the one that I’m thinking of was a much larger project in Kona where they got rezoning and the representation was they were going to put in a high rise hotel; and they actually started to construct the high rise hotel. And then the market changed, and the property owners tore down the building and instead put up the Four Seasons Hualalai. And there were people that argued that we should have taken them back to the table and redone the shoreline management permits because what they built was not substantially what they represented, even though it was a smaller project and less of an impact. So I’m saying that you don’t know and there’s a risk that what you approved may not be what eventually gets built. But there’s also a risk when you put in that “substantially comply.” Because then it’s a what does “substantially comply?” If you’re proposing that you’re doing some boutiques and some residential does it have to be exactly that plan that’s presented? Does it have to be exactly those five buildings? Because later on you’ve got plan approval, you’ve got other things that have to be done. But, you know, the Commission is free to make amendments if they propose to it, to make additional recommendations. You are not bound by the recommendations that come from the Department. You have that authority, as does the County Council. Because my recommendation is just that, it’s a recommendation. What you recommend is also just that, it’s a recommendation. And ultimately it will be up to the County Council as to what specific conditions they put on it. But they will look at what your rationale was and what your concerns are in terms of what they would end up fashioning in any conditions that they would put. I do want to address one thing on the TIAR because I think there is some confusion. When Ms. Song was here she talked about, you know, 50 trips a day. A TIAR is whether there are 50 trips at peak traffic hours, not whether you have 50 cars coming during the course of an entire day. And so, you know, when we looked at it we didn’t think that the size of the proposed project would, didn’t look like it was going to generate that kind of high traffic during the peak traffic hours. And peak traffic is usually early in the morning and around the 3:30 to 5:30 periods in the afternoon when people are commuting back and forth to work. But, you know, if the plans change it could end up triggering additional requirements, because they still have to come in for building permits, they still have to come in for plan approval down the road. And at any point, in terms of parking, if what they end up proposing is different, additional parking can be required of them. 20 EXHIBIT B