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Home My WebLink About12-30-2021 Applicant's Proposed Revision to Condition K Daryn Arai Land Use Planning Consultant December 30, 2021 Mr. Dean Au, Chairperson and Members of the Windward Planning Commission County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Chairperson Au and Members of the Windward Planning Commission: Change of Zone Application (PL-REZ-2021-000008) Request: Single-Family Residential-10,000 square feet(RS-10)to Village Commercial-20,000 square feet(CV-20) Applicant: Aguinaldo 4, LLC Tax Map Key: 1- 5- 003: 037, Kaniahiku Homesteads, Puna The Applicant for the above-described matter, Aguinaldo 4, LLC, is very appreciative of the Planning Director's favorable recommendation of the proposed change of zone request to the CV-20 zoning district. The Applicant accepts and agrees with the findings, conclusions and proposed conditions that support the favorable recommendation, with the exception of Condition K regarding the provision of curb, gutter and sidewalk improvements along the project site's entire Pahoa-Kapoho Road (Highway 132)frontage, which currently reads as follows: K. The Applicant shall provide improvements to the subject property's entire Pahoa- Kapoho Road (Highway 132)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)prior to the receipt of certificate of occupancy for any portion of the project. P.O.BOX 4501,HILO HAWAII 96720 PHONE: (808)895-3218 EMAIL:DARYN.ARAI@OUTLOOK.COM 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. Mr. Dean Au, Chairperson and Members of the Windward Planning Commission County of Hawaii Planning Department Page 3 of 3 December 30, 2021 The proposed on-site, non-exclusive pedestrian pathway will accomplish the same pedestrian-related objectives as any sidewalk improvements within Pahoa-Kapoho Road (Highway 132) right-of-way, thereby preventing any potential adverse effects upon the public health, safety or welfare. As the only commercial activity along the south side of the Pahoa-Kapoho Road (Highway 132) and the east side of the Pahoa-Kalapana Road (Highway 130), all anticipated pedestrian movements will be concentrated between the subject property and Pahoa Town, and not to properties beyond. This is clearly represented by the limits of the Preliminary Pahoa Regional Town Center boundaries as shown on the attached Exhibit A and Exhibit B. Therefore, the focus of any pedestrian-related facilities should be the series of crosswalks at the Highways 130 and 132 intersection and how it transitions into the subject property, but not necessarily beyond, as represented in Exhibit C and Exhibit D. Regardless, the Applicant understands the importance of protecting pedestrians along Highway 130 due to traffic generated by the proposed commercial uses, and wishes to offer an on-site solution via the proposed 8-foot wide pedestrian pathway that would protect the public from any potentially deleterious effects of the proposed commercial use and will help to fulfill the need for public service demands created by the proposed commercial use. As a final note, the intersection of Highways 130 and 132 is filled with various utilities such as power and telephone poles, street lights, traffic signal and crosswalk control fixtures, which could seriously complicate the construction of any sidewalk and drainage improvements within the Highway 132 right-of-way, as shown in Exhibit C. The potential significant costs associated with constructing sidewalk and related drainage improvements within the Highway 132 right-of-way along with necessary utility relocation is not reasonable when a more reasonable and just-as-functional on-site solution is being offered. Should you have any questions or require additional information to assist with this request for reconsideration, please feel free to contact me. Sincerely, Daryn Arai Land Use Planning Consultant copy via email: Aguinaldo 4, LLC Sidney Fuke, Planning Consultant Project Site is located at far eastern corner of Preliminary Pahoa Regional Town Center Figure 5-2: Pahoa Regional Town Center PROJEC�SITE P P Pahoa Regional VC pt9lL�oo.■.. • � , , ■ tri.._AJ � •.... . C�q Communit J � CS A1.w..rV� • Regional �•• (�ses s•►aw..e, Q SLU Urban T..1• •a _ Existing Zoning Commercial Zone Residential Zone Q Agricultural Zone ;••'•1 Preliminary Pahoa � on ~... Regional Town Center� •• • Community Facilities EXHIBIT A Aerial Image of Project Site with Zoning Overlay showing no adjacent Urban uses that would generate pedestrian movements beyond the Project Site eastward along Highway 132 1 i . , A=3a -1W I Preliminary Pahoa b �1 Regional 1 e . • As the only activity on the east side of Highway 130 that would generate pedestrian traffic, it would be reasonable to accommodate all pedestrian movements within property rather than along Highway 132 frontage EXHIBIT B Looking east towards subject property from Highways 130 and 132 intersection �j EXHIBIT C The Project Site plan below shows the approximately location of crosswalks at the Highway 130& 132 intersection, where pedestrian traffic is focused. Pedestrian movements along Highway 132 are expected to be minimal simply because there are no other commercial uses to the east beyond the Project Site C 548.29' — . R A 5 PP F i 'ISTI _ .., ✓l\ FANG /L u CF :^• a of UILTI. T TING bs —ITIN NO O •srP P �O gz, lQ P EXHIBIT D