2012-07-19 Leeward Exh B - Bill No. 255

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shouldn’t be in an ordinance like this. When you approve a zoning, it should be based on the assumption that the entire range of uses will be allowed and that is a proper location for all of those type of uses permitted under the Zoning Code. That is why we are offering -. We cannot support the proposal offered by, submitted under Bill 255, simply because by eliminating that condition, or that restriction, it allows the whole range of uses allowed under the CN zone district, but it fails to address the very concern that was raised back in 2008, which is concerns regarding drainage in the property and adequacy of access. All Commercial zone districts normally require commercial type of improvements – adequately paved roadways, curb, gutter and sidewalk improvements, and drainage improvements; we couldn’t just eliminate the conditions or allow all those uses to occur on the property without addressing the basic requirements that we expect of any other Commercial zoning on the rest of the island. We have to treat this in a same manner. So with that being said, and knowing what was envisioned by Bill 255, the Planning Director felt that we would accommodate a visitor education center and a biweekly farmers’ market without having to do all those extensive commercial improvements; however, should the center decide to do all those other commercial uses beyond the farmers’ market and the visitor center, then you’ll be obligated to provide all those standard commercial level of improvements, including roadway and drainage. Now, the Department of Public Works is concerned, you know, I believe the farmers’ market has occurred in the past on this property, so there have been firsthand experiences on some of the traffic concerns that occur at that particular location. And maybe you can, maybe you will witness to that. What the Director is offering here is to accommodate those limited uses, the visitor center and the farmers’ market, even though we understand that it may not address all of the concerns regarding traffic that was expressed by the Department of Public Works. But we understand that the visitor center (sic) limited to twice a week, we are trying to control the frequency of the impacts to the roads in that area. And that is why the Director is recommending that we do allow those two limited uses and defer those outside roadway improvements. VAN DYKE: Okay, thank you, I understand that. ARAI: Now, you had -. That was a long explanation, so now I lost track of what the other concern was. But Condition F, was it? DARROW: Whom they have to go to. ARAI: Okay, thank you, Jeff. Whenever you do development on a piece of property, either the landowner, the consultants, the contractors have to be aware of all of the requirements of government. We are sorry that the condition doesn’t go into extreme depth on what would be the normal course; but if so, then we would end up with a condition that’s over a page long. What that simply says is that, what it basically means is if you propose anything else on the property, come to the Planning Department. We would then advise you on all the processes, the permits, the requirements that would be necessary, should you wish to introduce other uses on the subject property. VAN DYKE: But not if, say, the Boy Scouts are going to come for a jamboree and there’s going to be 50 kids or, you know, maybe 50 cars coming one day? ARAI: Well, that is why, that’s the difficulty. There is no such thing as a temporary use on the property, you know. If you are contemplating using this property for uses beyond the visitor 7 EXHIBIT B