2016-07-07 Hearing Transcript - Hilo Medical Center REZ 14-175

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requirement to say there shall be no access, you know, between the primary medical complex and, and Punahele Street. So, this is the program that they'll still kind of like maintain. So, there's no access—so essentially what you'll see is like, you know, along Punahele Street, you'll have like traffic that will come during the a.m. and the p.m. Some were during the day. You know, but no more than 24 or 25 movements during the time. In addition to that, when the staff had originally recommended approval, they had recommended that because Punahele Street currently has a right-of-way of only 40 feet, the staff had recommended, wisely so, that they'd be a 10 -foot wide additional future road widening setback taken from this property and within that area curbs, gutters, and sidewalks be constructed. So, you know, it's similar to a lot of the kind of conditions that the Commission has imposed on, you know, projects like in the Waiakea area where, you know, the roadways are narrow and so then there's an obligation on part of the developer to put curb, gutters, and sidewalks fronting the street. There was this added concern about like, you know, which I think the Hala`i Hill Community Association raised like, and rightfully so, in saying that well, you know, zoning cannot restrict only for parking. You know, you have to look at zoning categories and its commercial neighborhood, so what if they don't use it for a parking lot and instead like tomorrow a bar comes in or they use it for a gas station, but it's very unlikely. But, you know, there's always that kind of possibility, so what we're suggesting is that no, it would not be used as that, and then we would—we would require that if there is a use any other than what is limited only for parking, if there's a use other than parking, then they would have to go back to the Planning Commission, and the Commission at that time would have the opportunity to, you know, with the public hearing to, you know, weigh in and recommend to the Planning Director, appropriate mitigations to address the use because the mitigation that is being proposed right now, you know, relate to a parking lot. So, if you have a different kind of use, then obviously the mitigation would probably be varied. So, the other thing, too, is like that, you know, we tried our best, you know, to reach an agreement with the neighbor. We developed this memorandum of understanding and it was kind of like just about a year and, you know, I'm sorry that, you know, we couldn't kind of get over the—you know, at the one yard line and we couldn't kind of push it over, but, we tried our best to address the concerns. One of the additional concerns that was raised by some of the neighbors were that well, they don't want to be put in a position where, you know, there are all these conditions of approval and, you know, they don't enforce it. The landowner doesn't comply with these conditions of approval, then what do you do? And, so, they are saying, okay, if they don't do it, and so the memorandum of understanding is saying like we would set up, the association would set up like a revolving fund that the neighbors can use to then contact that person, you know, mutually whether it's going to be an attorney or whomever, and let that person take the responsibility of seeing that the conditions are, you know, appropriately enforced. And, so you remove the EXHIBIT C