2012-02-02 Windward Transcript Galan

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this project goes through it needs more parking or it needs to be redesigned so there is more parking. And this Commission can do that if it’s going to approve it. There is nothing to stop this Commission and the Council from saying there has to be more parking. The second concern is traffic impacts. There was no traffic impact assessment report in this application, TIAR, because they said there will be less than 50 peak hour trips generated. All right, now because of the resort stay and the employees, we know that in and out makes at least 28 trips. So my question to you is are there going to be 11 patrons only for the four establishments each day? Now I’m not a traffic engineer but what I’m just saying is counting the numbers I can see more than 50 trips in this property in and out. This Commission should have had a traffic impact statement, traffic impact assessment submitted with this application to see what kinds of improvements are needed. Is there a pocket that’s needed, is there a stop sign that’s needed, is there a traffic light that’s needed? You don’t know so you can’t make an intelligent decision. And when you do know you impose conditions. Okay, the third thing is water pressure. The Department of Water Supply said in its comments that the fire flow pressure, the pressure presently through the 8” inch line is 1,565 gallons a day of, permitted of water through the 8-inch waterline. They say the minimum flow for firefighting purposes is 2,000 gallons. All right, the applicant has not provided a solution to you. And just imposing a condition the applicant shall work it out with the Fire Department, that’s not acceptable. How can you say that the general welfare supports this amendment? You don’t know that there will be adequate fire protection for this project. My client has a real concern. My client doesn’t want to see fire started next door and his property burned. The final thing like, I want to raise is is this really going to be developed as proposed? And in my th written testimony I’ve submitted the MLS listing that was effective as of November 30. And this is a listing for this property which was posted back in March. And it says, and in it says in the comments “Great opportunity to start your business in the heart of Pahoa town. The seller is currently going th through the rezoning process and expects rezoning to be within the next six months from March 10 of th 2011.” Now maybe as of today the owner suddenly changed her mind, but as of November 30 she had this property listed for sale and she’s representing to you she’s going to do this project. Is she really going to do it or is it going to be resold? Once you rezone this property there’s 48 permitted types, categories of uses in the CV district; and this property could be rezoned, used for anything. Years ago zoning ordinances said the property must be developed in accordance with the representations of the applicant, which means you have to do that project. That’s not in your conditions any more. So basically when you allow rezoning anything goes, unless you would restrict it that way. So those are all the comments I have. And, based on that, my client is opposing this change of zone. KERN: Any questions from Ms. Hunt, Ms. Song, I’m sorry. Any questions for Ms. Song? Commissioner Domingo. DOMINGO: You bring up some good points. And I can think of, looking back into history, some of the issues which we’ve addressed in the past with regards to performance of a rezoning and the intended use of the property. I’m not sure but we used to say the applicant or assign should conform with the provisions of the, of the ordinance; otherwise, it could be reverted to its original use. 8 EXHIBIT B