2013-01-10 Windward Transcript Connections

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owners a continued sense of open space and a quality of life previously anticipated while minimizing impacts. I go ahead and define an occupiable structure to that of the IBC which is our International Building Code which defines an occupiable space as a room or enclosed space designed for human occupancy. A second condition, Condition – B, that’s being proposed, that the applicant shall maintain the mauka parcel for educational offerings and opportunities related to reforestation, conservation and open space. What I heard at the meeting was this concern that they may change their mind later on and amend the plan and so, you know, other things would occur on the mauka property. I wanted to commit to a condition that this property, the mauka parcel would not be developed in perpetuity. However, there are other layers related to this application with the direct lease that has a life, a shelf life of 65 years. So I retooled that to include language for the duration of the direct lease with the State Department of Hawai‘i. Again, no occupiable structures shall be permitted on the mauka parcel. I believe this condition really addresses a concern for that community about what that mauka piece will look like for years to come. The rationale, again, is to address the concerns of the area residence and provide adjacent property owners with a continued sense of open space and provide a quality of life they previously anticipated. Finally, Condition – C which I’m proposing is should the need arise to provide additional lands to improve Kaumana Drive, the applicant, successors and/or assigns shall solely upon the direction of the Department of Land and Natural Resources and at the consent of the Board of Land and Natural Resources amend the direct lease to address real property and its title interest related to the road right-of-way along Kaumana Drive. The mauka piece is adjacent to Kaumana Drive. And what I did hear is a concern of Kaumana Drive being narrow. And so this was an opportunity to have the applicant commit should there be a need by the County or State that they need a widening opportunity that they will, they’ll get the call from the State Department of Land and Natural Resources, the Board will direct them to do it, and they are committed to amending that lease to allow for an expansion, when that need arises. The condition, the rationale again is to help with that future road widening. I want to leave the Commission with this, this property, the project has been scrutinized, vetted, tested, and reviewed since 2008 when they received an approval in principle from the State Department of Land and Natural Resources. They have done a number of community meetings, there have been a number of opportunities for the community to engage. I have taken upon myself and the duty for the applicant to hear those concerns, put them into our conditions of approval. By my math with the conditions proposed by the Planning Director which is, I believe, 22, along with the conditions of the direct lease, which is 37, and the 3 that I’ve proposed, this application will have more than 60 conditions of approval that the applicant has to comply with, in addition to answering to the conditions of the County. They would have to adhere to those of the direct lease with the State. So there is a number of agencies and oversight here at the County level and at the State level that will help guide the applicant to do exactly what they represent to do. I know it has been challenging for the Commission. I urge you folks to push it up to the State Land Use through their protocols at the State Land Use level. The community will continue to 4 ATTACHMENT C