2024-01-03 (2) Email Claudia Rohr Testimony PD Report on SMA Minor Permits

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C) Hamakua Community Development Plan: The subject parcel is within the Hamakua Community Development Plan that was adopted by the County Council as Ordinance 2018- 078 in August 2018. The Hamakua CDP makes recommendations on land use and land planning actions for regions of the Hamakua Coast from Wainaku South Hilo through North Hilo, into Hamakua and terminating at Waipio and Waimanu Valleys. Land use and land planning actions within this region have various recommendations, (based on community inputs) as to how the community would like to see land uses moving forward. These recommendations are taken into consideration when certain land actions such as SMA application/use permits, Rezoning actions, Subdivisions, and other permits are brought before the Planning Department or that of the Windward Planning Commission. The proposed 4 lot subdivision at Parcel 118 has actions that are covered in the Hamakua CDP that need to be vetted against compliance or non-compliance to the recommendations within the CDP. The 4-lot subdivision appears to meet the "Preferred Land Use and Settlement Patterns contained within Section 3 of the CDP. The subdivision matches the County Zoning(Ag-3) and to some degree the LUPAG as well. Further to that,the lots will be able to connect to the existing sewer lines that service the area as well as water, electricity, and cable services. Within section 3.1.3, Land Use Policy Control the following statement regarding Public Access is recited:Appropriate public access to and along the shoreline shall be ensured as a condition of SMA exemptions and permits. (HRS 205A-26) Parcel 118 contains the Papaikou Mill Beach Access Trail, a private trail open to community use,following conditions and time restrictions employed by the landowner. The phrase "shall be ensured"appears overly broad. The Brian Clark Living Trust intends to keep the trail open for use by members of the community for access to the ocean, surf break, and gathering purposes, however,the Trust cannot agree to a public access easement or use agreement as a condition of this SMA action. Future actions upon proposed lot 2 (the Mill building remnants) may interfere with the current location and use of the trail. Until certain demolition measures are taken it is simply not an option to discuss public easements. In Section 4, "Protect and Enhance Natural and Cultural Resources",the 4-lot subdivision intends to employ setbacks greater than the standard 40' from shoreline. Concurring with the recommendations within section 4.2.4 and Policy 18,The Brian Clark Trust will be using the "top-of-pali (cliff)" as the defining edge for the building set back. The Trust has designated a 50' setback from the top of cliff. Keeping buildings away from the coast along with the existing kamani trees, will protect and enhance the view planes, recited in Community Objectives 4.1,4.2,4.3, and 4.5). The Brian Clark Trust appreciates the thoroughness and vision that the Hamakua CDP has set forth for the district. It is hoped that the planners and agencies would concur that this 4-lot subdivision meets some of the Land Use and Policy goals of the CDP.