2023-05-01 Letter from Ronald Kim Esq. Revision to Condition No. 6

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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.