2024-03-06 PL-SMA-2023-000046 Claudia Rohr Opposition Testimony (2)

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3/6/24, 12:06 PM Unite Here!Local 5 v.City and Cty.of Honolulu,231 P.3d 423-Haw: Supreme Court 2010-Google Scholar 430 '43o 2. Initial Approvals and Delays in the Project's Development As observed by the ICA: The[1985]EIS listed additional governmental approvals KDC needed to obtain in order to complete development of the[p]roject,including rezoning approval from the DLU,grading and building permits,a shoreline certification,a Special Management Area Use Permit[(SMP)],and subdivision approval. On March 27,1986,the Land Use Commission approved the reclassification of 236 acres of the property from[a]griculture...to[u]rban[d]istrict for resort and golf course uses. On May 23,1986,the DLU accepted KDC's application for a[SMP]and[s]horeline[s]etback[v]ariance.KDC sought to expand its resort by developing a master- planned resort community that would include hotels,dwellings,commercial areas,golf courses,parks,roadways;to replace two drainage culverts with open channels;and to conduct a desilting operation at Kawela Bay. On June 25,1986,a bill for an ordinance to rezone certain portions of the property to be developed under the[p]roject was introduced before the[City Council]. The bill incorporated the Unilateral Agreement and Declaration for Conditional Zoning([u]nilateral[a]greement),in which KDC agreed that the zoning change would be subject to conditions requiring,among other things,construction of a wastewater treatment plant,construction of low-to-moderate-income housing, improvements and modifications to roadways,the implementation of a shuttle service,and the establishment of a child care center,parks,public easements to and along the shoreline,and public parking.Like the[1985]EIS,the[u]nilateral[a]greement anticipated development to proceed in three phases,the last phase to be completed before 2000.The[u]nilateral[a]greement noted that development may deviate from the phased development schedule"due to the occurrence of changed economic conditions,lawsuits,strikes or other unforeseen circumstances." The City Council passed the rezoning bill on August 14,1986 and approved KDC's application for the[SMP]and[s]horeline[s]etback[v]ariance by resolution adopted on October 1,1986(the March 27,1986;August 14,1986;and October 1,1986 approvals are collectively referred to as the[p]roject[e]ntitlements). Over the next twenty years,only certain aspects of the[p]roject were completed.KDC constructed a wastewater treatment plant and water main between January 1989 and March 1990,the Opana Wells between February 1989 and March 1991,and the Palmer Golf Course between March 1989 and March 1991. Construction of improvements to Punahoolapa Marsh began in approximately March 1990.From 1990 through 1991,KDC obtained subdivision approvals for various parcels to be used for parks,roads,hotels,a golf course,and a golf clubhouse. In March 1999,Kuilima purchased the property underlying the[p]roject from KDC[,]and KDC assigned its interest in the[p]roject to Kuilima. In May 1999,the DPP drafted the Ko olau Loa Sustainable Communities Plan"to help guide public policy,investment,and decision-making through the 2020 planning horizon"in order to maintain and enhance"the region's ability to sustain its unique character,current population,growing[sic],families,lifestyle,and economic livelihood."The plan recognized and supported the[p]roject.The City Council adopted the plan on December 16,1999. Kuilima renovated the existing Fazio Golf Course between 2000 and 2002.In 2003,Kuilima obtained approval to renovate and expand existing portions of the Turtle Bay Resort.Between 2003 and 2005,Kuilima invested about$100 million in completing these renovations,which included the addition of nine resort condominium units. As of November 2005,construction on the major components of the[p]roject,including the hotel rooms and the[remaining]condominium units,had not begun. 431 '431 120 Hawaii at 460-61,209 P.3d at 1274-75(emphasis added). 3. Other Relevant Post-1985 EIS Traffic Studies After 1985,Kuilima solicited two additional traffic impact analysis reports-in 1991 and 2005.I21 Because the 1985 EIS considered projected traffic impacts through the year 2000,the 2005 updated traffic impact analysis[hereinafter,the 2005 report]and three addendums thereto,prepared in 2006,are particularly relevant. The 2005 traffic report focused on local traffic impacts,that is,impacts on the roadway fronting the property,including the internal roadways of the resort itself.Generally,the 2005 traffic report indicated that,even with the construction of certain traffic improvements(many of which overlap with the yet incomplete improvements suggested by the 1985 EIS),the expansion project,when completed,would result in increased local traffic impacts. As previously stated,the 2005 report was updated three times in 2006,focusing again on only local traffic impacts.Addendum No.1,dated February 15,2006,evaluated the initial design of the intersection of Kamehameha Highway and the project's Alpha Road(also known as the proposed West Kuilima Drive),including turning lanes and the recommended improvements to facilitate the traffic needs of that immediate area,projected out through 2008.The addendum concluded that, [a]s Turtle Bay Resort continues to expand beyond the Year 2008,the peak hour traffic operations at the intersection of Kamehameha Highway and Alpha Road are expected to deteriorate below satisfactory levels of service[(LOS)].Additional improvements at the study intersection,such as traffic signalization and lane modifications,may be required to mitigate the traffic impacts resulting from further development of the Turtle Bay Resort. (Emphasis added.) Addendum No.2,dated February 23,2006,evaluated the design of two-lane Alpha Road to determine when it should be widened to a four-lane roadway.It concluded that Alpha Road will be constructed as a private roadway and is expected to remain so in the foreseeable future.Traffic operations of the two-lane section of Alpha Road at peak hour volumes over 800[vehicles per hour]would result in a[below satisfactory LOS].In general,intersection operations are more critical than the operation of a continuous two-lane roadway.The proposed 108-foot right of way will provide adequate width as to construct turning lanes on the initial two-lane divided roadway at internal resort intersections,as needed.Widening sections of Alpha Road...would maintain[satisfactory]conditions or better as major[I]ots in the Turtle Bay Resort are developed.The remaining two-lane section of Alpha Road...is expected to operate at a satisfactory[LOS]at full build out and occupancy of the Turtle Bay Resort Master Plan. Addendum No.3,dated August 25,2006,analyzed the second phase of improvements on Kamehameha Highway,including traffic signalization at the Kamehameha Highway/Alpha Road intersection,improvements at the intersection of Kamehameha Highway and Kuilima Drive,and traffic signalization of the Kamehameha Highway/Kuilima Drive intersection,projected through 2011.The addendum concluded that [t]he Kamehameha Highway intersections at Alpha Road and Kuilima Drive are expected to require traffic signalization to accommodate the anticipated expansion of Turtle Bay Resort up to the Year 2011,when a total of 1,970 hotel rooms will be constructed.Lane modification at the study intersections,the extension of https://scholar.google.com/scholar_case?case=4308700817237546533&q=unite+here+local+5&hI=en&as_sdt=2006 3/17