HomeMy WebLinkAbout2023-05-01 Letter from Ronald Kim Esq. Revision to Condition No. 6 Law Offices ofYeh & Kim RONALD N.W.KIM
A Limited Liability Law Company Of Counsel: rkim@yeha"dkim.com
THOMAS L.H.YEH
505 Kilauea Ave.#B,Hilo,Hawaii 96720-2830 fly@ yehandkim.com
Telephone 808 961-0055 JoxN MUKAI
p � � jmukai@yehandkim.com
JILL D.RAZNOV
jdramov@gmail.com
WPC Hearing Item #2
Windward Planning Commission BWC, LLC (PL-SPP-2023-033)
c/o Planning Department 05-01-23 Letter from Ronald Kim Esq.
County of Hawaii regarding Revision to Condition No. 6
101 Pauahi Street
Hilo, Hawaii 96720
May 1, 2023
Re: Revision to Condition No. 6 for Special Permit No. 2004-000005 (SPP 04-005)
Applicant: BWA LLC dba Botanical World Adventures
Request: Establish a Visitor's Center, Parking and Related Improvements
Subject: Request for Time Extension
TMK No. (3) 3-1-001:015 (por.) Kamae`e,North Hilo, State and County of Hawaii
Dear Chairperson Lin and Members of the Planning Commission:
On behalf of our client, BWA LLC dba Botanical World Adventures ("Applicant"), we
respectfully request that the Commission revise the language of Condition No. 6 to clarify that the
updated Transportation Impact Analysis Report("TIAR") should evaluate whether certain
improvements are required due to the traffic impacts of the project, and that any traffic
improvements which Applicant must provide will be to mitigate traffic impacts attributed to the
proj ect.
The present wording of Condition No. 6 could be interpreted to provide that the Applicant is
expected to construct the referenced improvements; however, the condition was amended due to
the comment of the State Department of Transportation ("DOT") which recommended that the
Applicant be required to provide traffic improvements to mitigate traffic impacts attributed to the
project. DOT's comment letter dated April 10, 2013, is attached to the Planning Department's
Background Report as Exhibit 6, and states in pertinent part that:
a. "The traffic study should include an evaluation of intersection improvements such as
ingress/egress to and from Route 19 and acceleration/deceleration lanes at Leopolino
Road and Hawaii Belt Road.
b. If there are traffic impacts attributed to the project, the applicant is required to
provide mitigated traffic improvements at no cost to the state."
As such, the TIAR should analyze existing conditions and the mitigation of traffic impacts
attributable to the proposed project. Should mitigation measures be required due to those traffic
impacts, they may range from striping to turning lanes.
Law Offices of Yeh& Kim
A Limited Liability Law Company
Windward Planning Commission
May 1, 2023
Page 2
Condition No. 6 presently reads as follows:
Prior to issuance of Final Plan Approval,the Applicant shall submit an updated TIAR,to
be reviewed and approved by the Planning Director, in consultation with the Department
of Transportation. The updated TIAR shall include,but not be limited to, an evaluation of
intersection improvements such as ingress/egress to and from Highway 19 and
acceleration/deceleration lanes at Leopolino Road and Hawaii Belt Road Highway 19).
Any required traffic improvements or mitigation measures shall be provided by the
Applicant, at no cost to the state.
Our proposed revised language for Condition No. 6 would read as follows, with deleted
language bracketed and struck-through and additional language underlined:
Prior to issuance of Final Plan Approval,the Applicant shall submit an updated TIAR,to
be reviewed and approved by the Planning Director, in consultation with the Department
of Transportation. The updated TIAR shall include,but not be limited to, an evaluation of
whether intersection improvements such as ingress/egress to and from Route 19
and acceleration/deceleration lanes at Leopolino Road and Hawaii Belt Road would be
required as a result of anticipated traffic generated bApplicanfs operations. [
,L1
there are traffic impacts attributable to Applicant's project,Applicant shall be required to
provide appropriate traffic mitigation improvements at no cost to the State."
We believe that our proposed revised language accurately reflects the request from the DOT
for the Applicant to update the TIAR and evaluate whether specific improvements are required to
mitigate traffic impacts attributable to the project. The original propose language could be
interpreted to state that Applicant will unconditionally perform the referenced improvements,
when the Applicant is actually evaluating whether those specific improvements are needed to
mitigate traffic impacts attributable to the project. We are open to discussing other or further
revisions to this language and gratefully look forward to your consideration of Applicant's request
at the upcoming hearing.
Very truly yours,
LAW OFFICES OF YEH & KIM
RONALD N.W. KIM