Loading...
HomeMy WebLinkAbout2012-06-07 Windward Transcript Hegarty PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT JUNE 7, 2012 JOHN HEGARTY (SPP 12-132) A regularly advertised hearing on the application of was called to order at 10:00 a.m. in the Council Chambers, Hawai‘i County Building, 25 Aupuni Street, Hilo, Hawai‘i, with Chairman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern, Dean Au, Ronald Gonzales, and Stephen Ono STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Jeff Darrow (Staff Planner), Kelly Gomes and Ron Thiel (representing DPW), and Sharon Nomura (Secretary) ABSENT AND EXCUSED: Wallace Ishibashi and Raylene Moses And approximately 32 people from the public in attendance. APPLICANT: JOHN HEGARTY (SPP 12-132) Application for a Special Permit to allow the establishment of a convenience store with a certified kitchen on two properties covering a total of 4.64 acres of land within the State Land Use Agricultural th District. The properties are located at the southwestern corner of the Ainaloa Boulevard-37 Avenue intersection in Orchidland Estates Subdivision, directly across the Ainaloa Longhouse complex, Kea‘au, Hawai‘i, TMK: 1-6-008: 240 & 141. KERN: Next application is Applicant John Hegarty, application for a Special Permit to allow the establishment of a convenience store with a certified kitchen on two properties covering a total of 4.64 acres of land within the State Land Use Agricultural District in the Orchidland Estates Subdivision, directly across the Ainaloa Longhouse complex, TMK: 1-6-008: 240 & 141. Daryn. ARAI: Good morning, Commissioners. KERN: Good morning. rd ARAI: Most of you may recall this application was last heard at your May 3 meeting. Commissioner Ono wasn’t present for that meeting so I felt it would be necessary to quickly go over the presentation that was done at that particular hearing. If I could get out of the way. We’re looking at a portion of Puna where Hawaiian Paradise Park is situated here at the top of the map. The Keaau-Pahoa Road is located in this vicinity here running towards the middle of the slide, and Ainaloa Subdivision is located th in this area here. The subject property is outlined in red at the corner of 37 Avenue which leads into Orchidland Estates and Ainaloa Boulevard, which runs mauka-makai in this particular location. The subject property is situated within an area designated Agricultural 1-acre, as well as on lands designated Agricultural by the State. This is a close-up of the same slide I showed you earlier. Again, 1 EXHIBIT C the property is outlined in red. It consists of two lots side-by-side, roughly totaling approximately 4.6 acres in size. You may note this green colored area here, that area is designated Open, is zoned Open by the County, and it currently accommodates the Ainaloa Longhouse complex. This is an aerial photo of the subject property, again, outlined in red. You can note that the property has been extensively grubbed and cleared. Thirty Seventh Avenue is located in this vicinity here, and it intersects with Ainaloa Boulevard running toward Highway 130 in this direction toward the top of the photograph. Across the street from the subject property is the Ainaloa Longhouse complex which does accommodate a community facility, as well as a volunteer fire station and a postal box area right off of Ainaloa Boulevard, as indicated by my pointer. Again, the request is for a special permit to allow a convenience store and certified kitchen on the subject property. The applicant proposes a 4000-square foot structure which would accommodate a 1280-square foot convenience store, with the remainder of the building to be utilized for a certified kitchen facility, office, and warehouse that will provide meals, hot meals, and groceries to qualified disabled persons and senior citizens living in the area. Hours of operation as indicated by the Applicant will run daily from 6:30 (a.m.) to 8:00 p.m. at night. This is a site plan of the proposed development. At the bottom of the site plan is Ainaloa Boulevard running to the right toward Highway, I'm sorry, yes, Ainaloa Boulevard on the bottom of the map with Highway 130 off to the right. Thirty-seventh Avenue is located on the right side of the subject property in that location. This is a parking lot showing, I believe, almost 40 parking stalls, if I remember correctly. However, the applicant's proposal is roughly about 6 to 7 stalls to be accommodated. At the northern end of the subject property is the proposed convenience store in this location here, and the adjacent kitchen facility. This is a, excuse me, this is a map, I'm sorry, we're looking at Ainaloa Boulevard looking mauka with the subject property off to your right in this vicinity here, and the Longhouse complex located here off to your left. We are now looking makai along Ainaloa Boulevard toward Highway 130. We are standing in the driveway of the postal box complex. The subject property is located across the street here. th This is a photograph of the subject property from 37 Avenue. And we are looking across the subject th property with the Ainaloa Longhouse complex off in the distance. And this is a view of 37 Avenue looking directly toward Ainaloa Boulevard. Again, at the last meeting, your May 3rd meeting, the Department did present its recommendation for denial of this special permit application. Reasons being is it's not consistent with the General Plan or the Puna Community Development Plan. I should note that at that meeting both the Orchidland Estates Association as well as the Ainaloa Community Association submitted testimony in opposition to the proposed special permit application. I should note that the subject property is indicated here by this red dot. As you may note this area indicated and outlined in blue is actually that particular area identified in the Puna Community Development Plan for a proposed neighborhood village center. The Puna Community Development Plan is recommending that commercial uses be concentrated within this particular location in Ainaloa Subdivision, which is in excess of a mile away from the subject property. The Puna CDP also recommends in the adjoining Orchidland Estates Subdivision, which is where the property actually resides, it’s a portion of Orchidland Estates, that it be concentrated along Orchidland Boulevard here, just off of Highway 130, again, more than a mile away from the proposed site. 2 EXHIBIT C 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 th also provided comments, copy of which was provided to you, and that was dated May 9. And, finally, Mr. Hegarty has provided to you various points of discussion; and that document which was submitted just today has been distributed to you for your review: So I believe I have covered everything. So with that I stand ready to answer any questions that you may have. KERN: Thank you, Daryn. Are there any questions for staff? I have a quick question. Regarding the Puna Community Development Plan 2008, 5.2.1 says that “All commercial, light industrial, residential and quasi-public uses within village centers shall be authorized under the ‘floating zone’ method; i.e., where the village center zoning district is defined in the zoning code.” Do you, as a department, do you take that into consideration? ARAI: We do take it into consideration. But of note was the past, the testimony by the President of the Ainaloa Community Association at your last meeting where they made it clear, at least for the Ainaloa Longhouse area, that they did not anticipate any or did not want to see any commercial uses. And I believe that same expression applied to this village center within Ainaloa, which is located off about a mile further mauka of the subject property. I'm not sure if the President is located, is in the audience -. Oh, he is, Mr. Galimba, if I remember his name correctly. And maybe he can speak more directly to that, just to make sure I'm presenting it accurately. But I also note that the Puna CDP and the General Plan for a Rural designation, it could support these types of Neighborhood Commercial uses, but it has to be established by virtue of zoning. You know, you could consider it through a special permit process, but the mechanism as detailed by the General Plan is really to implement by zoning. KERN: Thank you. Any other questions? Seeing none, yes, Mr. Galimba has signed up to testify so we can ask him questions in that regard at that time. Can I please get the applicant or their representative to please come forward. Good morning. HEGARTY: Good morning. How are you? KERN: Good. Could you raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? HEGARTY: I do. KERN: Okay. And using the microphone, give me your name and address, or area in which you live. HEGARTY: My name is John Hegarty. I’m a resident of 16-461 Ainaloa Boulevard, have been for approximately 20 something years. KERN: And feel free to add at anything that you'd like. HEGARTY: Oh, yes. I’d like to make sure that we have this cleared -- There are some people that are coming up with an impression or trying to give off an impression that this will be a very large facility. They are seven parking stalls allotted for this convenience store if it has been approved. That does not call for a large amount of customers. Also, most of the people, if not all, are already at this particular time using Ainaloa Boulevard. And Planning, oh, sorry, the Police Department done a survey and they 4 EXHIBIT C feel that there will be no major impact or changes in the traffic. So I’d like to really make sure that we had this thing, we are looking at it in the right light. This is not a supermarket. This is a village convenience store only. In the last meeting alcohol was a talk that was brought up. To be quite honest with everybody in this room, it was never considered to be one of the items that would be stored or sold in the store. It had not been considered. And I have a gentleman pass this to me earlier, and it’s 1 through, I believe, 14. And I can agree with each and every one of them, totally. I have no problem with it. Improvement of th 37 Avenue I’ve said that in the past that if I have to I will. Other than that, oh, and a condition of the property, I've seen a letter yesterday that was sent to Ainaloa -. If you get a close-up look at the existing property now as the maintenance to it, and if you went up Ainaloa Boulevard, not patting myself on the back, I probably have one of the nicer gardens in the whole subdivision. Hopefully nobody get upset about that and don't get jealous. But, and I expect to keep it that way. And if I cannot keep it that way, then I don't want it at all. Now this is not a money thing for me, ladies and gentlemen. I am retired twice. I have retired from the Federal Government after 38 years. And I'm not a person that likes to lie or have lies told to. That’s all I have right now, sir. KERN: Thank you. Are there any questions for the applicant? So you’re okay with all the conditions -? HEGARTY: I have no -. KERN: With limiting the size of the store -? HEGARTY: Yes. KERN: To approximately 1200 some odd square feet, etc.? HEGARTY: Yes. I was able to sit down and read this outside so I thought I would be able to not take up so much of your time, and I have no problem with it. And some of my close friends and supporters have plans of this also, and their comments were you should agree, John; and I said, I agree with you. KERN: Okay. Thank you. Any other questions? Seeing none, you may have a seat. HEGARTY: Yes, sir. KERN: Thank you. Just, if you would like to sign up to testify on this -- you can have a seat, we're good -- you need to, the table over there is where you sign up. We do have ten people signed up to testify right now. Just, so if there is anybody else sitting here that would like to testify, you do have that option. Public testimony will be limited to three minutes per person. I have a timer there. We'll have time cards notifying you of when you have a minute left and when to stop. I think there might be one other time card in there too. We will have the timer. When I do call you up I'm going to call up two people at a time; and we’ll have you sworn in. And then you need to give me your name and area in which you live. If you don't feel comfortable with your address that's fine, you don't need to do that. So you could say, you know, I’m John Doe and I live in Ainaloa, that's fine. And then your time begins from there. And you just need to use the microphone, and we are good. With that I'll call up 5 EXHIBIT C Pua Chamberlin and Ron Dugan, Dugon. All right. Can I get you both to raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: Yes. KERN: Very good. And we’ll start with Pua Chamberlin, and name and area in which you live, and then your three minutes will begin. th CHAMBERLIN: My name is Pua Chamberlin. My address is 16-2055 37 Avenue in Orchidland th Estates. My property is the second lot off of Ainaloa Boulevard on 37. I know John Hegarty, he’s a very nice man. So, I talked to him earlier, and I don't want him to take this personally. I attended the last meeting with personal opposition to the store because my property is approximately 50 feet from th the proposed parking lot facing 37 Avenue. When I used to look out of my dining and bedroom windows there was a beautiful ‘Ōhi‘a forest. Now there is a beautiful pasture. The negativities of the store will be the noise of the traffic in the parking lot and the loading dock area which is also close to th 37. But there were more ayes than nays so I change my perspective, and I am not against the store at all. However I was taken aback by Mr. Au’s response when he said that Mr. Hegarty should make the th entrance/exit on 37. This is what I oppose. I’ve lived at this address for 33 years. When I moved there the road was so narrow that two cars couldn’t pass at the same time. One of them had to stop on the side to allow the other to drive by. Through the years the road has widened where the cars speed by, overtake, and burn rubber. And, mind you, this is an unpaved road with potholes. If the th entrance/exit is allowed on 37 I can only foresee much more of this happening. My home is the only th residence on 37 between Ainaloa and the boundary of Mr. Hegarty's property. Thirty-seventh Avenue is a private road which we the property owners have to pay a yearly road maintenance fee. Ainaloa Boulevard is a public County road. Mr. Hegarty already has three entrances and exits already established on the Boulevard. Why would Mr. Au even consider to recommend using a private road for such purposes? Would you as a resident of Hawaiian Paradise Park approve a public access or a bypass going through your private road in front of your home at HPP? This is what will happen to my th family if 37 is allowed an entrance/exit from Mr. Hegarty’s store. John said at that last meeting that th he would not consider using 37, so I appeal to all of you to think this through. Would you allow or want it to happen to your own private residence? I spoke to John this morning and he kind of eased me th a little bit, but I still have concerns about 37 being used. Mahalo. KERN: Thank you. Are there any questions for the testifier? Seeing none, thank you. Ron Dugon? DUGON: Right. I live at -. KERN: Could you please use the microphone, and give me your name and area in which you live, and then you may begin. DUGON: Okay, Ron Dugon. I live at 16-649 Ainaloa Boulevard, which is approximately 2 ½ miles up from the neighborhood store itself. And I’ve lived there for over 17 years. And I came to the last meeting, and I’m here again. And I’m here to say I’m in favor of this store because I don’t see any increase in traffic. I have people coming by my place up at the top where there’s a long straightaway 6 EXHIBIT C at 100 miles an hour at night and stop. And I don’t think this store is going to slow down or speed up anybody, or any traffic whatsoever. I don’t think people are going to be coming off the main highway to come up here to a little neighborhood store, you know, when they got the little mart down the road there. And the reason that Orchidland is opposed to the store is because it’s just going to commercially bite into their, you know, commercial business down there by having a little store over here. So I th know why they don’t like it. But, and I don’t think you need to improve the road on 37 either with all the exits and entrances that he might have in the front on Ainaloa. I don’t think it’s a major problem at all. And as far as, I think it will probably lessen the traffic at the bottom of the thing where we have the second worst intersection on the island where people are getting killed. And if you had to go to the store for a quart of milk or some baby food or something like that, you’re taking your life in your hands, you know, to go down to, you know, four miles down the road, you know, when you can -. I think right in that neighborhood area of Tiki Gardens and that Orchidland area and even the neighbors around it within a quarter mile, they can just walk, take the kids by the hand and walk up the street, take a break, take a bite, walk your dog, go up there and buy your little groceries and go home, you know. I think it’s great. A neighborhood store is fantastic. I haven’t seen something like that since I was a kid. You know, I see all these supermarkets, and super this, and super that. I don’t see any more neighborhood markets any more. And I think it’s great. And I don’t think it will increase the traffic whatsoever. It’s not going to make people go faster or slow down. It’s not going to make them any smarter, you know. If they don’t stop for the fire truck, like the guy said last time, having a store there ain’t going to make them any smarter. You know, they’re still going to keep on going. So like I said, I think it will decrease the traffic at the bottom of the intersection. It’s more convenient for the residents. People that are close by can walk their kids, you know, to the store and have fun. And I understand he’s going to have meals on wheels for some of the elderly people and people who are home-bound. You know, somebody gets an accident, they may call down there, they can get, you know, some meals delivered to their house and what not. And I think it’s a good idea, and most of the residents that I’ve talked to appreciate it. I know that the Ainaloa Association says that they’re opposed to it, but they’re not unanimously opposed to it. And most of the residents I talked to personally are not opposed to it. So just keep that into your perspective as to, you know, not everybody because they’re the president or something speaks for everybody that’s under them. You know -. KERN: Thank you. DUGON: Okay. Thank you. KERN: Any questions for the testifier? Seeing none, thank you. James Kiley and Robin Benedict, please come forward. And I also apologize in advance if I mess up anybody’s name. I do apologize. Can I get you both to raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: Yes. 7 EXHIBIT C KERN: And we’ll start with James Kiley, name and area in which you live, and then your time will begin. KILEY: Good morning. James Kiley. I live on Lehua Drive. I’m not a good testifier, but I’ll do the best I can. I’m not opposed to the commercial facilities, and I give John credit for his entrepreneural spirit. And we do need something in the area that will provide some local way to purchase goods, just because it costs too much to do it otherwise in some respects, plus essentially being able to walk down there and do that. But the reason I wanted to testify was although I support this, I’m opposed to the fact that it’s difficult for me to walk there. Because unlike people that live close I don’t have that little sidewalk that was put in by the County. And for me to walk down from Lehua Drive can be a little bit disconcerting at times. If I want to drag my kids or grandkids along it’s not going to work. So I just want to put a pitch in for maybe the County taking a look at improving pedestrian access on that road; and, of course, I know a number of studies that have been done as far as the speed limit not being taken into consideration by everybody. But the bottom line is I do support something in the area that will provide us with convenience. But let’s do something about providing safe access to that. Thank you. KERN: Thank you. Any questions for the testifier? Seeing none, thank you. Robin Benedict, name and area in which you live. BENEDICT: Hi, my name is Robin Benedict and I live in Ainaloa. I came to the last meeting, and I was in support of the store; and I’m still in support of the store. But I just kept an open mind to all the testimony that was being said at the last meeting. And I belong to the Ainaloa, well, my mother-in-law does cause we live with her, it’s her house. She’s an elderly person. She’s a member of the Association. And so I kept an open mind wanting to hear what Mr. Galimba said because he was against it, and I had some concerns. So, I had some questions. And so, and I just want to bring this out th to the Council (sic) that on June 5, there was a community meeting. Mr. Hegarty put together a meeting of the community, invited people, invited Mr. Galimba to come over. And I was ready with my questions because I knew that this meeting was going to happen today. And he never showed up. And so these are some of the concerns that I had. First of all, our community not that I know of was surveyed or even asked anything about this store. So the Association is representing us. And as you can see here and at the last meeting there was a lot of people that came and stated that the Association's view doesn't necessarily represent their view; and it doesn't represent our household’s view. All the people that I've talked to, my neighbors in the community, support the store. Another thing I heard, which was disconcerting, is that I heard that Mr. Galimba is moving out of our community and he’s moving to another island. And so if he is, I wanted to ask him that. I would have questions to ask him about that. And, you know, is there any intentional avoidance? I know that Mr. Hegarty tried to contact the Association and set up a meeting with the Association. Mr. Galimba never responded. So I have concerns about this. And if there is some kind of personal thing or targeted thing against the store -. Because as far as I can see it's a benefit to the community, it’s a benefit to the senior citizens, it's a benefit to the handicapped people in the community. I personally have a handicapped person in my household. I have a senior citizen in my household. I work, my husband works. And this store, and then I'm getting older and I forget things so, you know, I’ll forget to buy something and, you know, that’d be really easy for me. So personally that's where I'm coming from. There's a lot of things I want to say. But one thing, I want you to leave with this, the Association is targeting the store. It's across the street from where they’re 8 EXHIBIT C at. They have all these church meetings, rummage sales, all these things. And at the events that they sponsor there at their Longhouse, they had a, up until two months ago they allowed alcohol at that facility. So a lot of the concerns that have been brought up against the store should be concerns also for the Longhouse and what they're doing. Water was also brought up as a concern at the last meeting as far it being potable. Well, the Association’s Longhouse has these parties and all of this, and they use catchment water. So I had these th questions that I wanted to ask Mr. Galimba, but he wasn't there. And then on June 6, which is the day after this meeting, there is a letter that comes to the Council (sic) against the store. And so I'm, I guess I'm confused. I’m concerned that maybe the spirit of this is not the right spirit and that the people that he should be representing or the Association should be representing is not being represented. KERN: Thank you. Thank you. Any questions for the testifier? Seeing none, you both may have a seat. Just to clarify, when I say questions it’s just relating to Commissioners. It is not a question and answer from the audience. Dorothy Schlother. SCHLOTHEN: Schlothen. KERN: Schlothen, and Debbie Boggs. Good morning. BOGGS: Good morning. KERN: Can I get you to raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do KERN: Very good. So we’re going to start with Dorothy. And give us your name, and area in which you live, and then your time will begin. SCHLOTHEN: Dorothy Schlothen, and I live on Paradise Drive in Ainaloa. And Mr. Dugon has testified to practically everything that I was going to say. So, well, I’m just going to repeat what I said the last time, at the last meeting -- is that I am an 86-year-old woman and it's getting more and more stressful for me to drive; and a convenience store would be so, such a benefit to me. So that's, that's all I have to say. Thank you. KERN: Thank you. Are there any questions for the testifier? Thank you. Debbie Boggs, name –. BOGGS: Debbie Boggs. KERN: And area in which you live, and your time will begin. BOGGS: Debbie Boggs. I live on Sugar Cane Lane. I’ve been in Ainaloa for 30 years now. I had a couple of things I wanted to address. First thing, I’d like to answer her question. We've actually had no alcohol at the Park and Longhouse for two years. I, can I ask a question? 9 EXHIBIT C KERN: Not at this time. I'd stick with your testimony. BOGGS: Okay. From what I see the plan is if you come out of the store you have to turn right and go up so you're not crossing. And if that is so, that is going to be real dangerous. Everybody's going to be making “u’s” all over. My third thing is, Mr. Hegarty, I know you've notified a lot of people, I know a lot of people know about this store, but my feeling from the beginning is not everybody knows. And everybody in Ainaloa should have been notified, whether in writing, or a great big poster, and have a meeting so that everybody in Ainaloa can know about the store. A lot of people do and a lot of people are for it, some people are against it. But I've talked to a lot of people and they had no idea there is going to be a store there; and that’s my concern. Thank you. KERN: You have a minute and a half left so if you want to pose your question –. If a Commissioner feels inclined to answer it they can. BOGGS: It was just about the traffic coming out and which way. Are they going to be able to turn both ways, or are you going to make them come out of the store and turn right, which they’re going to go up Ainaloa Boulevard. And then if they live below, then they are going to make “u’s” somewhere. Or if they live below and you can cross, then it is kind of dangerous too because they are going to be crossing a lot of crossings, where now it’s a lot of this up and down and speeding and traffic. So -. KERN: Very good. Thank you. Any questions for the testifier? I’ll just make a point of clarification for informational sake. The way that we, the way I see it written here, it wouldn’t be required to go out there. There would be a measure so the person could take a left-hand turn out of there. Right now the th way one of the proposed conditions is written is that they would take a left-hand turn out of 37. And if they were entering or exiting off the Ainaloa Boulevard, it would be a right-hand in or right-hand out only. But if they were to go back down towards Highway 130 side, the way that it’s written in these th conditions right now, they would go out 37 and take a left-hand turn, so it wouldn’t necessitate somebody doing a u-turn every single time. BOGGS: Okay, thank you. KERN: Thank you. Very good. Sheena Soares and Phillip Abadilla, and could you both raise your right hands please. Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: Yes. KERN: Very good. We’ll start with Sheena Soares. Please give me your name and area in which you live. Use the microphone, and then your time will begin. SOARES: My name is Sheena Soares. I live on Road 8 in Hawaiian Acres. My concern is just the children and not having sidewalks. And, you know, due to a park being across the street, you know, if kids want to go run and get candy or go get a soda, you know, kids are not too aware of just, you know, running across the road. And I’m just concerned about the children. That’s my main thing as a mother, yeah. So that’s just basically what I have. That’s my concern. 10 EXHIBIT C KERN: You have 2 ½ minutes if you want to add anything else. SOARES: That’s about it. That’s my main concern. KERN: Okay. SOARES: Thank you. KERN: Any questions for the testifier? Seeing none, thank you. And then Phillip Abadilla, name and area in which you live, and then your time will begin. ABADILLA: My name is Phillip Abadilla. I reside at 16-2134 Ginger Lane. I’ve been living over there now, lived in Ainaloa for 16 years, going on 17. Also, I sat on the committee, I mean, on the Board as a former president, vice president, board of director for 16 years. The road when it was turned over, yeah, they had a lot of problems. You know when people talk about the surveying, all the studies done and, you know, their expertise from here and there -- let me tell you, before the County took over the road, right before that place sits, there was a death there. Okay? People come down flying over that hill. The reason why you folks don’t know about it is because the County does not recognize any statistics the sits on that road if it’s not a County road, same as the State. Further down, we had another death. There's, a lot of accidents happen on that road. And when we fought to get the road upgraded and turned over they provided us with these berms. Now these berms had also, in a way it slowed down, it provided some safety. But where's the break off where the emergency vehicles go to the side? Berms stop at, right above that property. Where does the people walk? Obligation has not been fulfilled to bring the road up to grade, up to standard, which you folks should know the standard road is where you folks ended that road on the top of Ainaloa Boulevard, and it only sits between that two portions. That is how that road is supposed to look on the bottom. That will be something that will be suitable to standard. Now just to provide this because you folks feel that this is a special need for the community, hey, it's a good thing, yeah. But look at the issue of safety. Because, you know, if not today we’ll be back in here again. The decision you make is going to affect a lot of people. So I’d just like to bring that to you guy’s attention. Look back in history on what this road is all about before you folks start making determination and, you know, accepting other people's so-called experience. I know what I went up against and what I searched, and what I went through. I know who the people who not with us today. So, but the decision you folks make, you’ve got to live with it. That’s all I’ve got to say. KERN: Thank you very much. Any questions for the testifier? Seeing none, have a seat. Thank you. Marti Morishige and Anthony Galimba. Good morning. MORISHIGE: Good morning. KERN: Can I get you both to raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. 11 EXHIBIT C KERN: And we’ll start with Marti Morishige. MORISHIGE: Hello, good morning. I’m a resident of Orchidland. KERN: Give me your name and area in which you live and -. MORISHIGE: Oh, okay. Marti Morishige, resident of Orchidland, and also one of the Board of Directors for Orchidland Community Association. At the last couple of meetings, well, I think Mr. Hegarty came I believe in February or March; and at that time our Board of Directors didn't feel that they had been properly notified about this development being proposed. So that's one item, that we were not really given public notice about it in time to testify. So then our discussion at the th meetings were immediately of our concern of our private roads. And 37, being a private road paid by the members, the residents, is going be impacted significantly. And it’s full of potholes. We just don't have money to collect, to maintain our roads, especially the side roads. We’ve tried to, you know, pave our main roads which are Orchildand Drive, Ilima, Alii and Pohaku Drive. So, anyway, we are really concerned about that. We’re concerned about children's safety, of the residents there. And then I know our Association would not agree with the Planning Department's proposal of having exits and th entrances on 37 Avenue. So I was surprised to hear that as one of the remedies of traffic control, because that’s just going to encourage more use of our private roads. And I was, been made aware of, you know, well, I knew this all along -. But there is a park across the street and the Longhouse for Ainaloa, I am really concerned about children’s safety, and the lack of sidewalks. I mean, I'm serious about the -. The speeding on that road is just horrific. And you put a convenience store and children walking there, there is deaths waiting to happen. And also I'm concerned that the Planning Department has denied this request and now you're considering it. I mean, cause it doesn't go along with the General Plan or the Community Development Plan, and it’s just not consistent with families and the traffic problem. And we need the village pod idea considered as the highest priority, and this goes against that. So that's what I want to share. KERN: Thank you. Any questions for the testifier? Could you clarify what you mean by village pod? MURASHIGE: Well, -. KERN: Use the microphone, please. MURASHIGE: Oh, I’ve been to a few of the community planning of, of the Puna Community Development meetings, not very many. But, you know, there’s so many; and, anyway -. Okay, Orchidland Drive, where the General Store and the Blane’s Drive Inn is, is considered a village pod. And then there is the, above that, I guess the Planning Commission gave approval for that other –. KERN: So with the village pod you're referring to the commercial area of development? MURASHIGE: Right, right. KERN: And that's –? 12 EXHIBIT C MURASHIGE: Right. KERN: Okay, very good. Thank you. Any other questions for the testifier? Seeing none, thank you. Anthony Galimba, name and area in which you live and then you may begin. GALIMBA: My name is Anthony Galimba, and I live at 16-2122 Ginger Lane. I’d like to start with just thanking everybody for a consideration on this particular issue. I know there are pluses and minuses. We still have major concerns. The County has not, since they took possession of our road, -- which they actually condemned our road and took it away from us -- they have not taken care of the traffic issues here and the road conditions. That is in default. You disagreed with taking over the road by not providing the service. Now if the County had done this, we would not be having these issues now. This road will not handle the traffic. Puna Community Development Plan, the County spent $500,000 developing this plan, of which they do not want this development going on. We also have a community development, or what has been called a village center. We agree with that. We don’t have plans on the books right now but it has been set aside. We just decided not to develop there by virtue of the fact that the roads and the traffic have not been addressed by the County. Hello, County, take care of first steps first, because we’re only kicking the can down the road. th Now I want to thank Mr. Au for looking and raising the question about ingress and egress on 37 because there are issues with traffic coming out of here. Now you all have possession of the traffic study in your presence. And in that study it has indicated that the highest speed that was tracked during our comprehensive study was 79 miles an hour, and the average speeds were 43 to 53 miles an hour. The County has not made adjustments since taking over this road to mitigate and control the traffic problems. It only allowed additional traffic. Now having said that, the store as it is now with the additional traffic, also with the park across the street, it creates an attractive nuisance for our children playing in the park to go over and buy sugary drinks. KERN: Thank you. Any questions for the testifier? Commissioner Au? AU: Thank you, Mr. Chair. Past testifiers are claiming that they weren’t notified, I guess the community. I’m assuming you guys have monthly meetings, monthly notifications. You know, as your community members and landowners approach you guys for issues, you know, you guys have to do your job at addressing these concerns and issues. So you know, we are here for the applicant, Mr. John Hegarty. Okay, traffic is an issue. So the traffic that everybody is talking about, you know, it is a major issue. But keep in mind, everybody, that the applicant is for the store and traffic does have th everything to do with it. I’m going off the subject here. But my question to you is how, on the 4, Monday, they were on the agenda? Was there a meeting by your association and Mr. Hegarty, it was on the agenda? Is that correct? th GALIMBA: Okay, as of the 4, -. Okay, first of all, let me clarify. The first Monday of every month our Association has its monthly association meeting, our board meeting, excuse me. All members are allowed and encouraged to attend. Many President’s letters I’ve sent out encourage participation in th this area. As of the 4, Mr. Hegarty did not contact our Board, did not place anybody on our agenda to th speak on behalf of this project. On the 5, chronology working, in the afternoon before closing of our office, Mr. Hegarty called my secretary and indicated that he wanted to have a meeting with me the following day with a group of people at his personal house to discuss the store. Due to the fact that I 13 EXHIBIT C work -. And also I called my attorney to ask her is this appropriate? And she said, “No, not without full attendance of our Board.” Now I want the Commission to consider this. KERN: Is this in direct regard to -? GALIMBA: Yes, it is. KERN: Commissioner Au’s question? GALIMBA: Yes, it is. KERN: Okay. GALIMBA: Okay, the timing of this, why wasn't it done beforehand? And improprieties would have resurrected themselves should I go to a meeting by myself at somebody's personal residence the day or two days after our regular meeting and the day before this meeting. So I know there were questions and concerns about that. But I definitely did not want to get into a place where I was accused of any improprieties. KERN: Thank you. Any other questions? Commissioner Ono. ONO: Yes. For the sake of clarification, I'm not familiar with the development there. The village center, wasn’t that part of the General Plan before the whole idea of development in that area started? GALIMBA: Yes. Ainaloa Community Center or Ainaloa Community Association has three areas in its properties general that are already set aside for future development. The area that was shown in testimony, the visual testimony, and it's the one in the center, that has already been set aside for future commercial development. It was not put in immediate planning simply because the traffic issues were never ever addressed here; and that's why we had an extensive, a $20,000 study to examine those problems so the County could understand future issues and risks. But, yes, we have considered developing that. We have a number of different places that have contacted us about developing that as a community center or village center. ONO: Excuse me. Follow-up? KERN: Yes, Commissioner Ono. ONO: Just out of curiosity here, the whole subdivision development, how many years have you existed as a development? I’m gathering -. BOGGS: Nineteen sixty-six. GALIMBA: Nineteen sixty-six. ONO: I’m sorry? 14 EXHIBIT C GALIMBA: I’m deferring to my secretary, 1966. ONO: So since 1966 nothing has developed in the center? There’s been no development, there’s no commercial development anywhere? GALIMBA: Not at this point. It was, we started down closer to the sub -, bottom of the subdivision simply because we put a Longhouse and community area there. And as the community grew, our plans were to have a school, or police substation, or a fire station in that particular location, and a store, or other commercial development there as the community grew. So since 1966 it has been in our covenants to develop in the future. ONO: Thank you. KERN: Thank you. I have a question. Last time, the previous meeting that we were here I asked, specifically asked you if you had any plans or if you, excuse me, if the Board had any plans to do any commercial development on those set aside parcels. And I was told by you that you did not. You had, there was the intention to do recreation facilities, as you had just said maybe a fire station, police station, school, park, etc. But it was stated that there was no plan for any commercial development. I just wanted to clarify that -. GALIMBA: Okay, I respectfully disagree with your assessment. My testimony was that I did not have immediate plans, that we had planned for development in the future. But also you have to take into consideration the fact that future development has planning, and our plans are not to go forth with any development with disregard to the traffic problems. We have a lot of people in our association. And you -. KERN: Okay, just, we have to stick to the question. GALIMBA: Let’s go back to the minutes before you crucify me up here because -. KERN: Oh, I’m not. I just, I remember asking that. Cause that was one of my questions -- was, well, if you guys are planning for, you know, specifically to do that. That’s why I asked that. And it was stated at the time that it was -. GALIMBA: Yeah, well, the recollection is flawed, sir. KERN: Agree to disagree. GALIMBA: Thank you. KERN: I’ll look at the minutes. Any other questions? Seeing none at this time, thank you very much. You may have a seat. One more person signed up to testify, and I cannot read their last name. The first name looks like it’s Norman. Can I get you to please raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? NAKANO: I do. 15 EXHIBIT C KERN: Okay, very good. Could you use the microphone. Give me your name, and could you spell your last name for me real quick. NAKANO: It’s Nakano, N-a-k-a-n-o. KERN: Thank you. Name and, first and last name, and area in which you live, and then you may begin. NAKANO: Okay, my name is Norman Nakano. I live on the main highway on Paradise Park. I’ve been living there for 38 years. And the reason why I came to testify for John’s store is because of two reasons. When we bought in Paradise Park they set aside lands for community centers and all that. Nothing went through, 38 years already, maybe more. I think it’s the same thing with the Ainaloa situation. You got the land but no money. John’s store, if you give him the approval we’ll probably be drinking coffee next year at this time. And the second reason is I was brought up in the plantation days, maybe one guy there might really be familiar with that. Every community, there’s a hub, you know, there’s a store. Like I was brought up in Wainaku Camp 2. There was this Shiigi Store. And this store becomes a gathering place and it becomes a hub, and it brings a community closer together. And when a community comes closer together, it becomes safer. So I’m really for the store. And I think you guys should really approve it, seriously. Thank you. KERN: Thank you. Any questions for the testifier? Seeing none, thank you. Would you like a chance to come back up and speak Mr. Hegarty? HEGARTY: Yes. KERN: You may have a seat. HEGARTY: Yes. John Hegarty again. Just to clarify a couple of things about people in the area not knowing what was going on and what not -. In the past I did travel around, on foot most of the time, with the fliers as to what people would think about the store and what not. And I had three columns on that page, and it said “POOR, GOOD, OUTSTANDING.” Out of all of the people that I talked to not one person said poor, a huge amount was good, a very respectable amount was very good or outstanding. Then there was a margin for little short comments, couple of them I can't really say exactly how the verbiage was. But the bottom line was about time somebody did something for us. And some of them accompanied it with some flowery words which cannot be said. Okay? Also in the past I went to the Ainaloa Association on three different locations and asked the secretary, Mrs. Boggs, if she would ask Anthony Galimba to give me a phone call. And I go back the following week, “Oh, did you inform him?” She said “Yes. Did he call?” I said “No.” This went on for three weeks. And I made no attempt to get a hold of him? Hello! I'm not going to get into a debate with this man whether who's right and who's wrong. I’d just like to clarify that, because I do get a little upset. I think that I just basically covered it. Anything I missed, ladies and gentlemen? Oh, and there is one, I do have one last request. If this store is approved, would you please give me a wish list of 16 EXHIBIT C what you would like to have in the store, because I'm not sure myself. And I can’t promise that you’ll get it, but we will try. Thank you KERN: Thank you. Any questions for the applicant at this point in time? Thank you. Okay, testimony is pau. It’s that wonderful time of motion-making. Anybody feel inclined to make a motion? Has everybody had a good chance to look at the conditions, etc.? Does anybody feel like we should take a recess so they can review anything? ONO: I’d like to call for a short recess. KERN: Okay, five-minute recess, so about 11:05 we will be back. Thank you. RECESSED - The Chair recessed the meeting at 11:00 a.m. RECONVENED - The meeting reconvened at 11:05 am. KERN: Okay. Calling the Windward Planning Commission meeting back to order. Thank you everyone. Point of clarification, I had an opportunity to pull up the minutes from last time, just to clarify this. So Kern here, which is me, it says, “Is there any plan,” and this is to Mr. Galimba,”Is there any plan for any commercial development on either one of those parcels that would be outside of the school, or park, or community center, or anything like that? Is there any plan?” And then Mr. Galimba said “There’s no plan; and we oppose any commercial development other than for a school or fire -,” and then it’s cut off right there. So just to -. GALIMBA: And it’s cut off right at the time where it says, “at this time.” KERN: .And I’ll take that, I’m just -. Come on up, come up. You’re more than welcome to come up to clarify that. You’re right, it’s cut off there. I’m just reading the minutes here. GALIMBA: Yeah, and that was “at this time.” KERN: Okay. GALIMBA: Okay. So future plans, I come to you with the same heart that Mr. Hegarty does, for good planning. The same heart that the Puna Community Development Plan has, $500,000 worth, is for good planning. For planning beyond and ignoring reasonable risks? Questions come up. KERN: Yeah. GALIMBA: Okay, so -. KERN: Okay, so that would have ended with “not at this time,” then if you were able to finish there? GALIMBA: That is correct. 17 EXHIBIT C KERN: Very good. I got one quick question. Based on some of the mitigation measures that potentially exists in these conditions if it were to move forward, does that change the Board’s feeling about this project in any way, such as the no alcohol sales, the turning, you know, in and out mitigations? GALIMBA: If you are able to enforce the no alcohol, then I guess no alcohol is a nonissue. But I will go on record saying that if alcohol is sold and an issue occurs we will enter into a class action lawsuit. We are looking very seriously about the County having good planning. Now with regards to ingress th and egress on 37, you did take into consideration our recommendations that one of those entrances was directly across one of my Board Member’s house that had a car go through. You did take that into consideration. I am going to have to defer to your wisdom at this particular point in an up-and-down vote, because quite honestly I don’t sit in your chairs. KERN: Absolutely. No, I'm just trying to, you know, we heard what you had to say the last time, and obviously through that came discussion, and we’re kind of at where we’re at now. I just wanted to see if that had changed the Board's opinion and, obviously, it does about those issues. Madam Director, do you have a question -? LEITHEAD TODD: Yeah, I was just going to say that, you know, ultimately I think everybody on both sides of this issue is interested in the good of the community and interested in having services provided, but provided in a safe way. And one of the beauties of having this type of a hearing is that, you may not have realized it but we do have representatives from the Department of Public Works here. So they are listening and they are hearing your concerns about Ainaloa Boulevard. And, if nothing else, this has proved to be a forum so that the County will probably be taking a good hard look at what kinds of traffic calming and other types of safety measures could be implemented. You know, we don’t have a whole lot of money but the Department has been very innovative in some of the things that they've been doing. You may have noticed they have even come up recently with these little, it’s like a little miniature person that goes right in the middle of the road, but it gets your attention. And so beyond this meeting, beyond this issue, what I'm hearing is that there are concerns about Ainaloa and speeding. So, to me, that would be something that as a Community Association you may want to seek some input or some help from the Department and ask them to -. Send them a letter, and say, you know, we’ve done this traffic study, we have a lot of speeding, we have these concerns, we have a park, we have kids, and we really want, you know, the Department to take a look at traffic calming measures for the community. And they are here, they're listening, and I think they would be receptive to that. GALIMBA: Thank you very much, Ms. Director. All in all, I think our Association, out of all the other associations in Puna, we look forward to working with the County. We have had County Councilpersons after County Councilpersons promise us the world. We had the current County Councilperson offer us traffic calming remedies for Ainaloa Community Association. To date, and he’s going out of office soon, it hasn’t been done. As a planning committee or commission, excuse me, please understand the frustration of an association who holds meetings, and we look at all of these issues with the greatest amount of integrity and the greatest amount of concern for the average member in our association, as well as neighboring subdivisions. And to get no services, it is not only 18 EXHIBIT C discouraging, it is disheartening. And it makes us suspicious when the new face comes on the scene and it’s going to be same business as usual. And no, nothing against you, Zendo. KERN: You know, I understand -. GALIMBA: I’m just speaking about our -. KERN: Totally. We’re going to have to, I’m kind of getting off the subject. GALIMBA: Thank you. KERN: Yeah, thank you. And, you know, I think like she said Public Works has heard, Planning has heard, as a Commission we’ve heard. So thank you. You may have a seat. Unless, no other questions for him at this time? What we’re going to do now, is there anybody that has not testified that would like to testify? Last chance. Raise your hand. Sign the form. All right. If you could just stop up there at the table and fill out one of those. And then what we're going to do is after the last part of public testimony is taken, we’re actually going to, -- little bit different than we normally do but it’s basically the same result -- we’re going to technically close the hearing. It doesn't mean you all have to leave. You all still get to be here and listen; and then we're going to move into deliberation. And we’ll have a motion, and discussion, and vote on this matter. It’s just a formal process of closing the hearing. CHONG: My name is Rodney Chong. KERN: Just give me one second please, but you’re on the right path. CHONG: My name is Rodney Chong. I live on Ainaloa Boulevard. My address is 16-150 Ainaloa Boulevard. And I am here to testify for the convenience store, Mr. John Hegarty. I think the police are doing a good job by being present on Ainaloa Boulevard. I see a lot of pullovers, you know. Things that you guys don't see every day I see. As far as the mailbox and the parks, I mean when people are not there, people are drinking in the parking lot. You know, most residents don’t see it but the police are present. And we’re having traffic slow down quite a bit from what I’ve seen for the past couple of years that I’ve been living in Ainaloa. And I think as a community if we all stick together and, you know, monitor our kids and, you know, drive safe, I think the store will be a lot of benefit to the residents there in Ainaloa. That’s all I have to say. KERN: Okay. Thank you very much. Any questions for the testifier? Seeing none thank you. You may have a seat. CHONG: Thank you. ONO: Excuse me, I did have a question. KERN: Commissioner Ono. ONO: Would you state your position. Are you in support of this? 19 EXHIBIT C CHONG: Yes. KERN: Please use your microphone. CHONG: Yes, I am. I’m a resident in Ainaloa. ONO: Thank you. KERN: Thank you. All right, you may have a seat. Thank you. Anybody else? Okay seeing none, we’re going to, so what we’re going to do is we’re going to have a motion here and close this portion of the hearing PUBLIC: I’d like to -. KERN: I'm sorry, sorry sir, you've had your time to testify. We usually don’t go back, so with all due respect -. And then we'll move on to a motion and deliberation. So this is just to close the public hearing portion of it. Commissioner Au? AU: Mr. Chair, thank you. I move to close the public -. KERN: To close the hearing? AU: To close the hearing. GONZALES: I second. KERN: Any discussion? Seeing none, let's do a voice call. All those in favor aye? COMMISSIONERS: Aye. KERN: Those opposed nay? Okay that portion is pau. So now we move into a motion. AU: Mr. Chair? KERN: Commissioner Au? AU: Thank you, Mr. Chair. I move to approve special permit application, John Hegarty, 12-132. KERN: With? AU: With the conditions as stated by the Planning Department. KERN: Okay. GONZALES: I second. 20 EXHIBIT C KERN: Okay. Discussion? Commissioner Au? AU: That was some interesting testimony we had. You know, according to my count we've had nine yes votes and two noes. I could be mistaken but that's what I got. It seems like we have more of the community here in support it. Just like our Madam Director said, you know, really, the most important thing here is for the community. And this project does definitely help the community. So, Fellow Commissioners, you know, please consider that. KERN: Commissioner Ono? ONO: Yeah. I guess I'm leaning towards support only because for me 60 years without a convenience store is rather difficult for me to comprehend, especially a subdivision that's large. The other thing, of course, is, it’s a personal opinion of mine. I enjoy drinking beer so I don't know why as a convenience store -. I hope you're not becoming a liquor store, you know. But a six pack of beer, gee whiz. Anyway, that's a personal opinion. The other thing that I am concerned about though is that maybe, maybe if this is approved and recommended to the Council, that you may spur development of that village center. For 60 years nothing has happened is, something is lacking. You’re putting it on the back burner, to me, as residents of this area because you don't have a stimulus. And this may be the stimulus. My concern though, Mr. Hegarty, is you may start something that will put you out of business, you know. So that's my only concern for you. Thank you. KERN: Thank you. Any other discussion? Commissioner Gonzales? GONZALES: I just want to say that, you know, I'm happy that you came back and we worked all this out, and, you know, maybe this will all turn out okay. I am going to trust you to keep an eye on those children across the road -- please, sir. And best of luck. KERN: Commissioner Au? AU: Mr. Chair, thank you. Fellow Commissioners, I just want to clarify traffic. You know, last meeting I did make the comment, and our Commissioner Ono wasn’t here but I did make a comment th that Mr. Arai had put into the conditions regarding the egress off of 37. And in HPP, you know, we've had applications coming before us in my subdivision, Hawaiian Paradise Park, and, you know, that's an ongoing problem – the in and out of properties on the main drags. So that's why I proposed, just like any other development, any other resident’s house that’s being built that goes to the Planning Department they require the egress and, the in and out of the property to go from the side roads, whether it's private or not. And this does definitely address traffic. You know, we've heard this testimony today with the traffic. And I have to admit, okay, I’ve sped on that road. You know, I admit, and I really feel bad for it. But what this will do is for the speeders, and I'm not one of them anymore, it will slow them down. You know, this project will increase traffic in the area, it will definitely do it. But by having these stipulations on Mr. Hegarty, at least the community will be safe even with his development. 21 EXHIBIT C KERN: Thank you, Commissioner Au. Any other discussion from Fellow Commissioners? I've got a few points to add to it. For one, I think we need to have a bigger conversation about the General Plan for Puna and what we need to do to make amendments to that in the future, because it has always been a stifling issue with any development that comes into Puna. It's hard for it to conform to the General Plan, and I think we need to work on that. I mean, the population of Puna as a district has grown to the same size and outpacing the size of the Hilo population, population of Hilo now. So, I mean, it is growing. You know, we’re also faced with Highway 130 -- very, very dangerous highway, we all know that. And people ask me from the County perspective what can we do to help that situation now cause it's a State highway. So one of the things that I believe that we can do is we can allow some of the basic services and conveniences in some of these subdivisions like this. And this is an example of that where if the person did need to get some milk, or some toilet paper, or whatever, they don't have to go out to Highway 130 now and, you know, roll the dice. That’s good, it's good for the people. That's a safety issue. So I think that's positive. Looking at the Puna CDP, and I actually sat down and talked with the, with the chairman of the steering committee for the CDP, and he says the intention of the village center boundaries of the Puna CDP were to be floating. So it would allow it to happen. Cause we all, well, maybe not we all, but I've seen, I think a lot of us have seen that, you know, a lot of times these boundaries have gotten put around some of the large parcels in different subdivisions, and the owners of those don't have to do anything with them. They may never do anything with them. We may be here 50 years later and still sitting there. And in a way it's holding us hostage. So it's hard to find in Puna specifically and in these subdivisions the land that is consistent with GP, that's consistent with the Puna CDP, that has an owner that is willing to do it, and then to get community support. I mean those are, you know, at least four bits of criteria that's very challenging to find, and we've seen that before. And we’ve had to make challenging decisions to have things move forward in this way. So I feel in this regard this will serve the community. I don't think it will bring in very much, if any, additional traffic into the subdivision. I don't think people that would otherwise be going to Pahoa or, you know, the other Orchidland area would come up to go to the store. I’m sure it could happen occasionally. But I think it would really serve the people in the community, in the subdivision. And, again, if we’re keeping people off Highway 130, we’re doing good. And if we are mitigating the traffic issues in there, we’re mitigating the other concerns of the neighborhood. Like beer, and sorry Steve, but, you know, you can drive down Pahoa if you want to get some beer. You know, we’re doing our best to listen to all sides of it, and we’re trying to find compromise in this and still allow things to happen. Because if this doesn't happen there may not be any type of store in there for who knows how long. And, again, it's challenging to find the area in which to do it and then an owner that is willing to make that investment and take that risk to do it. And, I've, I support this. I think we've done a good job of mitigating some of the potential issues and, you know, we need to look at traffic calming measures around there for sure. And regarding children crossing the road, I'm a parent. I mean my kuleana as a parent is to make sure that my child knows, you know, not to cross the road, not to, you know, not to do this, and be mindful of that. The other day I was on my deck and my daughter is there walking around in my sister’s big boots, those big, you know, furry boots; and they’re huge. And she’s five years old, she’s walking around, she gets to the stairs, she takes the boots off, she walked down the stairs. And I told her “Alana, good job.” She says, “Yeah, daddy, I didn't want to maybe tumbledown the stairs.” So, I 22 EXHIBIT C mean, we have to be responsible as parents in that way to do that, and we are going to have growth in the future. And I don't think this is a direct thing that is going to necessarily pull kids out there. We have to be responsible as parents in that regard, in my opinion. So, again, I’ll support this, and I'll shut up right around now. Thank you. Any other discussion? Seeing none, da, da, da, dum. Daryn. ARAI: Mr. Chairman, I'm sorry, I may have missed it, but I just wanted to make sure that the findings that were prepared for the Commission, we did provide it to the applicant. Was it confirmed with the applicant that they've read, understood and agreed to -? KERN: The applicant did say that he agreed -. ARAI: Oh, okay. KERN: With all of the conditions in there, and that he was able to read them. ARAI: Okay, terrific. I’m sorry, I just -. KERN: He didn’t necessarily agree with the findings but he did say he agreed with all of the conditions and was able to read them. Is that okay? ARAI: I guess in the end, it’s the conditions that he’s going to be held to. So if he agrees with the conditions, then I'm okay with it. KERN: Yes. ARAI: Okay with that, I would like to clarify the motion. The motion is to approve the special permit for the reasons, I'm sorry, for the findings and conditions as prepared by the Planning Director at the direction of the Planning Commission. AU: Yes, that's the motion. ARAI: That’s the motion. Do you want me to repeat it? KERN: Yes. ARAI: Sorry, again, the motion is to approve the special permit with the findings and conditions as prepared by the Planning Director at the direction of the Planning Commission. KERN: Yes, yes. ARAI: Okay. With that, I’ll call the roll. Commissioner Au? AU: Aye. ARAI: Commissioner Gonzales? 23 EXHIBIT C GONZALES: Aye. ARAI: Commissioner Ono? ONO: Aye. ARAI: Mr. Chairman? KERN: Aye. ARAI: Mr. Chairman, motion to approve carries with four aye votes. KERN: Okay, you’re approved. You will be notified in writing. The discussion ended at 11:30 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 24 EXHIBIT C