HomeMy WebLinkAboutCOM 0210.001 2002-2004
TsukaZakl Yell & NIOOCe R BF.N TSU KAZAKI
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A"fTORNF,YS AT LAW
A Limi[ed Liabiery Law Qimpany 'THOMAS LJI. YLH
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85 W, Lanik;mla Street Hilo. Ilnw aii 9(72(1-4191 M1BCHAEL W. MOOR[
Telephone (8081961 -0U55 FAX BOR) 969-1531 mmonreC~ln~~ nci
May 6, 2003
Planning Committee
County Council
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: An Ordinance Amending Section 25-8-4 (South Kona Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District
Classification from Single Family Residential (RS-15) and Agricultural (A-la) to
Village Commercial (CV-10) at Kalukalu 1s', South Kona, Hawaii, Covered by
Tax Map Key 8-1-2:Portion of 40 (5.595 acres) (Applicant: Hokukano Ranch,
Inc.l
Dear Chairperson Leithead Todd and Members of the Planning Committee:
On behalf of the Applicant and owner of the subject property, Hokukano Ranch, Inc.,
this is to request your consideration of revisions that we propose to the draft bill. Those
revisions are as follows, supported by a short statement of the reason for such revision.
Condition : G. A flood study of the project site shall be prepared and submitted
for review and approval to the Department of Public Works prior
to submittal of plans for Plan Approval review. If required by the
Department of Public Works, the Applicant shall submit to the
Federal Emergency Management Agency (FEMA) a Letter of Map
Change prior to the issuance of a Certificate of Occupancy for any
portion of the proposed commercial development. ]No new
improvements shall be constructed within the "A" or "AE" flood
zone, except for roads, landscaping, non-residential parking, and
other similar non-structural improvements.] The Applicant shall
comply with applicable flood zone regulations for structures in
flood zones.
Reason: There is no basis for prohibiting structures within flood zones
when they are allowed under the circumstances set forth in
Chapter 27, Hawaii County Code.
Comm. No. 2
Ref. Tot'~f°~w
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Tsukazaki Yeh & Moore
ATTORNEYS AT LAW
A Limited Liability Law Company
Planning Committee
County Council
County of Hawaii
May 6, 2003
Pagc 2
Condition: Driveway connections from the project site to the Mamalahoa
Highway and Konawaena School Road shall meet with the
approval of the Department of Public Works. Access to or from
the Mamalahoa Highway shall be limited to right-turn movements
only unless modified with the approval of the Department of
Public Works. [A left turn lane shall be installed at the project
site's access driveway on Konawaena School Road prior to the
issuance of a Certificate of Occupancy for any commercial use on
the project site.] The Applicant shall also provide any traffic
improvements that may be deemed necessary by the Department of
Public Works after review of a revised Traffic Impact Analysis
Report (TZAR) that is required under Condition E. prior to the
issuance of a Certificate of Occupancy for any commercial use on
the project site.
Reason: Deletion of the left-turn lane requirement is based upon the Traffic
Impact Analysis Report for this project. New language clarifies
the context of a revised TZAR.
Condition: J. The project site's frontage with Mamalahoa Highway and
Konawaena School Road shall be improved with pavement
widening and transitions with curb, gutter, sidewalk, drainage
improvements and any relocation of utilities in a manner meeting
with the approval of the Department of Public Works. These
roadway improvements shall be completed [prior to the issuance of
a Certificate of Occupancy for any portion of the proposed
commercial used pursuant to a schedule meetin>; with the approval
of the Department of Public Works and the Planning Department.
Reason: Applicant agrees to construct improvements, but pursuant to an
acceptable schedule. Current construction appears unnecessary
and raises new issues. For instance, sidewalks, will he isolated
and not connected to safe or improved walkways.
Condition: K. [Should subdivision of the 5.595-acre project site be contemplated,
direct access from the proposed individual lots to the Mamalahoa
Highway shall be prohibited.
Tsukazaki Yeh & Moore
.4RORNEYS AT LAW
A LimilcJ Liability Luw Company
Planning Committee
County Counci]
County of Hawaii
May 6, 2003
Page 3
Reason: Although the Applicant does not plan to develop a residential
subdivision, this condition seems overly restrictive. Specifically, a
16-lot residential development would result in a lower volume of
traffic than that associated with the visitors' center, which is
currently allowed to execute a right turn into and out of the site as
described in Condition I.
Condition: M. Residential uses established within the 5.595-acre project site shall
not exceed a maximum permitted density of 16 residential units.
Reason: Residential uses are not planned. The limitation on residential use
is questionable. This property is in the medium density urban
designation on the General Plan LUPAG map which would
support residential development. Potential future residential
development, can if any, be addressed through conditions E and F.
We appreciate your consideration of these proposed revisions and will be available for
any questions on these matters.
Very truly yours,
TSUKAZAKI YEH & MOORE
R. BEN TSU A AKI `
RBT: sr
xc: Hokukano Ranch, Inc.
Pam Harlow, SSFM International
Planning Department