2012-06-07 Windward Transcript Hegarty

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So since, at that May 3rd meeting, based upon testimony presented by the Applicant and testimony received by the general public, as well as the president of the Ainaloa Community Association, the Commission voted to postpone this particular meeting to today’s hearing in order to allow the Department time to craft proposed findings and conditions for approval of the special permit. Since that last meeting we have reviewed the transcript, and we've collected all of the sentiments and concerns and expressions made by the Commission in its response to testimony received, as well as coordinated and spoke with representatives of the Orchidland Community Association, more th specifically regarding anticipated improvements to 37 Avenue should the request be approved. Based on that effort, what we have now presented to you, as directed by the Planning Commission, is propose findings and conditions for approval of the special permit. Again, I emphasize this is not a Planning Director's recommendation. This is proposed findings for approval as, that was crafted as directed by the Planning Commission. The Commissioners may note, if you look at the proposed findings which is on yellow paper, not the typical goldenrod that you normally get, the proposed findings are based largely on the sentiment that the Commission felt that the Puna CDP and the General Plan does not specifically or accurately address the needs of the community in this particular section of Puna. With that being said, the report also notes that it does continue to be contrary to the recommendations of both the General Plan and the Puna CDP. But in light of the evidence, you feel that this, you could recommend that this use is appropriate in this particular location. Also based on statements made at that hearing by the various Commissioners, we’ve included proposed conditions for your consideration, and some of them will address sentiments expressed. For examples: Proposed Condition No. 5 which states that alcohol shall not be sold at the convenience store. We did limit the size and hours of operation of the proposed facility. Condition No. 8 talks about how access shall be limited onto Ainaloa Boulevard to a right-in/right-out movement only, and th that there shall be full access movements on 37 Avenue. And because full access will be provided on th 37 Avenue, we did consult with the Orchidland Community Association; and they recommended that th should this request be approved and access permitted that that portion of 37 Avenue fronting the subject property be improved to a 24-foot wide asphalt pavement with 8-foot wide compacted gravel shoulders to the intersection of Ainaloa Boulevard. The Association also asked that should this request be approved that maintenance fees commensurate with the commercial use of the property be paid to the Association for maintenance of the road, that is your Condition No. 9. Condition No. 10 would also provide a mechanism by which the Department of Public Works, upon monitoring the traffic situation in the area, could require traffic safety mitigation devices to basically make it safe should they find concerns regarding pedestrian and traffic movement. And that would compel the Applicant to provide those improvements when demanded by the County. We do have a Condition No. 12 also to ensure that the water storage of a potable water facility for fire protection measures as well will be provided by the Applicant. So with that, you know, you have your draft findings for your consideration. I should note that also since the last meeting we have received communications, additional communications. One is a June th 4 letter from the Orchidland Community Association, again, expressing its concerns and also noting th its expectations should the request be approved by the Commission, and that is dated June 4. Ainaloa th Community Association has also submitted this letter, it was submitted on June 6, and it included a traffic assessment. That assessment in its complete form was provided to the Commissioners for their review, and a copy of it was also provided to the Department of Public Works. And the State DOT has 3 EXHIBIT C