COM 0669.001 2010-2012 - Laserfiche WebLink

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Law Offices of Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company Pete Hoffman, Chair Planning Committee Hawaii County Council Office of the County Clerk April 23, 2012 Page No. 2 entrance to the site will be placed at the intersection of Kahaopea Street and Awapuhi Street. A copy of a draft preliminary site plan is enclosed for your review. The Applicant has been paying real property taxes based on the property's commercial zoning, engaged in development planning, worked with the transportation and public works agencies, completed a Traffic Impact Analysis Report, and is ready to move forward with the proposed development. The Applicant is in agreement with the proposed conditions recommended by the Windward Planning Commission, but requests that Conditions H and I be revised to allow the Applicant to implement the drainage improvements in conjunction with obtaining plan approval for any part or portion of the property, and required road improvements prior to the issuance of a certificate of occupancy for any portion of the property. We have enclosed proposed language of revision to Conditions H and I. While we understand the rationale that had been provided, the Applicant's plan for consolidation and resubdivision of the property, together with the proposed development, is different from the assumptions that have been made. First of all, the proposed consolidation and resubdivision of the four (4) lots which are owned by the Applicant will not result in any greater number of lots than currently exist, but will be designed to implement a comprehensive development plan which requires a different lot configuration then currently exists in order to achieve the enclosed layout. No actual development or alteration of the land will occur at this stage. Under Section 23-7 of the Subdivision Code, this kind of action typically does not trigger conditions. From a timing standpoint, construction financing will be obtained once the lots are reconfigured, and at that point, final development plans and specifications can be completed, along with related road improvement plans. Not until plan approval, or grading or building permits are applied for, may any alteration of the land actually occur. Secondly, no development will occur in areas designated as Flood Zone AE because the Applicant has no desire to place any portion of the development in such an area. The enclosed site plan reflects this. Not until the Applicant seeks plan approval will any alteration of land be contemplated, and Conditions G, J, L, M and N (as well as the Flood Control Code) already provide adequate conditions for the road and drainage issue. As for traffic and road improvements, they would also need to be completed prior to occupancy of any portion of the property, and the need for such improvements would not be triggered until occupancy occurred.