2025-04-14 UNITE HERE Local 5 Testimony

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was automatic after SMA approval.The encroachment variance should be denied now and the encroachment should be remediated by applicant or landowner. In addition to the up-to-15 feet encroachment of the concrete pad,the applicant also wants a variance for a retaining wall that encroaches on the 10 feet wide future road widening setback and the 20 feet setback. a) Recommendation: Include the rock wall encroachment as component of the issue in dispute. b) Recommendation:Applicant's intent to build a sidewalk in the 10 feet road widening setback should not, as the report claims, "fulfill the general intent of the condition".As the name implies, the 10 feet road widening setback should be used for road widening. Community stakeholders shared their fears about Kahakai Road capacity.That community concern is directly tied to, and can be mitigated, by honoring both the "10 feet wide future road widening setback" and the 20 feet setback. a) Recommendation: Require the landowner or developer to remediate the encroachments because it would directly mitigate the traffic impacts concerns raised by community members by creating the space needed for increased road capacity. We do not accept the applicant's argument that the costs to re-engineer the pad justifies the variance. Hawaii County Council Member Inaba testified in opposition to this project in 2024.Traffic and road safety was emphasized in his testimony. Mitigation and remediation of the setback violation is direct action that can mitigate Council Member Inaba's concerns. a) Recommendation:Testifiers raised the concern about the lack of an appropriate traffic study for the project. Consider how the lack of a traffic study limits the set of facts available when making a decision on a zoning variance that is directly to traffic impacts. Planning Department staff stated that the Department of Public Works would require a foundation certification and review of the concrete pad. If an examination of the safety of the concrete pad is going to be done,the only logical thing is to do it before a zoning variance is granted. If the concrete pad is found to be deficient then remediation of the concrete pad can honor the 10 feet road widening and 20 feet setback. In fact, Commissioner Rodriguez expressed concern in the December 2024 hearing about using the existing foundation. He explained that moisture can cause steel in concrete to rust and expand, which could potentially damage a nearly 20-year-old foundation. Google Maps images show rebar that sits exposed to the salty ocean air. a) Recommendation: Require the landlord/applicant and DPW to inspect concrete pad safety before variance application moves forward. Water Use Calculation We were not aware of the applicant's SMA permit process so we didn't intervene during that process. Our review of the SMA permit supporting documents while preparing to respond to this zoning variance application uncovered a substantial discrepancy in the water usage calculation in the SMA documents. We believe all stakeholders should be made aware of this water usage discrepancy before the development goes any further in its permitting process.The LPC made decisions on the SMA permit based partly on the discrepancy we talk about below. The SMA permit should be reconsidered. The engineering firm hired to do the water usage analysis found that the project will use 21,022 gallons per day.The Department of Water Supply (DWS) previously entitled the property for 22,OOOgpd. Fortunately for the applicant,the difference was 978 gpd less than the limit imposed by the DWS.This is a margin of about 4.4%. However, we have concerns about the water usage analysis.