12-30-2021 Applicant's Proposed Revision to Condition K

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Mr. Dean Au, Chairperson and Members of the Windward Planning Commission County of Hawaii Planning Department Page 2 of 3 December 30, 2021 The Applicant respectfully requests that the Commission considers the following amendment to Condition K that would provide the same pedestrian accommodation along the Pahoa-Kapoho Road (Highway 132)frontage, but to be located within the subject property: K. The Applicant shall provide improvements [to] within the subject property's entire Pahoa-Kapoho Road (Highway 13 2)frontage consisting of[, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the Department of Public Works (DPW)] a minimum 8-foot wide all-weather dust free pedestrian path that shall be encumbered by a non- exclusive pedestrian public access easement to be recorded with the Bureau of Conveyances prior to the receipt of certificate of occupancy for any portion of the project site. This public access easement shall allow for unrestricted public access until such time that construction of sidewalk improvements within the Pahoa-Kapoho Road(Highway 132) right-of-way directly fronting the subiect property has been completed, upon which this public access easement shall be terminated (material to be deleted is bold and bracketed with added material bold,italicized and underscored) Reasons in Support of Proposed Amendment to Condition K Planning Department Exhibit 4 provides a discussion and updated site plan showing the proposed location of the 8-foot wide on-site pedestrian pathway that would serve the same basic function as the construction of a new sidewalk within the Pahoa-Kapoho Road (Highway 132) right-of-way fronting the subject property. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 Edition, as amended), the County Council, when including conditions as part of any change of zone ordinance, must find that such conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use.