2021-03-18 Leeward Exh A (AMEND REZ 04-012)

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amended condition D to allow the subject property access from Mamalahoa Highway. Condition D was amended on October 19, 2004, to read as you see on the bottom of your screen. Now, throughout this process, this amendment process, DOT confirmed their prohibition of an access to Mamalahoa Highway, as the property no longer qualifies for an agricultural access since the property was rezoned to Single Family Residential zoning and has initiated the subdivision process, as well as received the state land use boundary amendment. As DOT has the final authority over driveway accesses from state right-of-ways, the planning director has changed his recommendation to amend condition D to state the following: "Access to the proposed lots shall be from Mahilani Drive. Access shall meet the requirements of the Department of Public Works. The existing driveway onto Mamalahoa Highway shall be removed prior to issuance of Final Subdivision Approval." With that, the planning director is recommending a favorable recommendation be forwarded to the Hawaii County Council on amendment to Ordinance number 04-149, based on the planning director's recommendation with conditions. That concludes my presentation, and if there are any questions, I can open the floor to them. Thank you. VITOUSEK: Thank you. Are there any questions from commissioners? Commissioner Van Pernis. VAN PERNIS: This proposed project is in my district, and I drive that road Mamalahoa everyday twice. I'd like to ask Ms. Camero or Mr. Kern: How many new houses have been built since the original 2004 application in the subject subdivision up to Makalei and Kaloko Estates, in other words, how much has the traffic increased? I'd point out from my experience that it's been dozens and dozens of new houses and cars, and there are times, pre-COVID and starting again now, where Mamalahoa is stopped and backed up with traffic. Now, I don't begrudge these people their subdivision, but why did the county Planning Department not know, or not realize, on their own that access from Mamalahoa was impossibility and had to be eliminated? KERN: Thank you, Mr. Van Pernis. Director Kern here, I'll take the question. We do not have the access, or the dataI'm sure we have the access to it—we haven't had, we don't have the data that tell you what, how many homes are built up in there, so we are not going to be able to provide that with you today. There was a history that Ms. Camero did layout on why that driveway was allowed there at the time; at the time it was an agricultural driveway for, based on agricultural use. Currently, we are reviewing it as it is now, with a favorable recommendation, with conditions that are present. VAN PERNIS: Very good, but it doesn't answer the question of why didn't the department review the increased traffic on Mamalahoa and originally make a recommendation of no access from Mamalahoa with this residential subdivision when—instead of waiting for the state to point that out. And I'd also point out that there have been two, maybe three, traffic studies on Mamalahoa since this 2005, or 2004, approval; why weren't those reviewed? VITOUSEK: It seems to me that the department got that information in time and amended their recommendation in time to provide the recommendation of it; I think it's appropriate. So, we have what's in front of us, and the recommendation is that all traffic come off of Mahilani Drive 4 EXHIBIT A