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Home My WebLink AboutCOM 0045.013 2010-2012 CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 WWW.CARLSMITH.COM SLIM@CARLSMITH.COM r-�a cam: August 15, 2011 ? C) The Honorable Dominic Yagong, Chair tJ r and Members of the Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Chair Pete Hoffmann and Members of the Hawaii County Planning Committee 25 Aupuni Street Hilo, Hawaii 96720 Re: Bill 327 - State Land Use Boundary Amendment Application (SLU 10-000027) Request: Agricultural to Urban Bill 328 - Change of Zone Application (REZ 10-000127) Request: A-5a to RS-10 Applicant: Hualalai Partners of Kona, LLC Tax Map Key: (3) 7-5-17:43; Puapua'a 1st, North Kona District, Hawai'i Dear Chair Yagong, Chair Hoffmann and Members of the Council Planning Committee: On behalf of the Applicant, Hualalai Partners of Kona, LLC we thank you for your patience in rescheduling our hearing to the August 16, 2011 Council Planning Committee ("Council PC") date. This will respond to the issues raised by the Council and testifiers Virginia Tormey and George Error during the July 21, 2011 hearing regarding Bills 327 and 328. ISSUES RAISED BY THE COUNCIL MEMBERS Postponement Request • First Postponement Request to March 2011: On December 29, 2010 we requested our first postponement from the January 4, 2011 Council PC date to the March 2011 hearing date because the Applicant was going to be off-island at the time. I was also unable to attend because I was currently traveling off-island. Thereafter, we were placed on the March 15, 2011 Council PC agenda. Although we did not request a continuance from the March 15, 2011 date, we were notified that both bills were postponed to the "Call of the Chair". Comm. No. •-• . Ref. T rsserfi4 L Ref. Date i_ • HONOLULU • HILO • KONA • MAUI • GUAM • SAIPAN • L• Chairman Dominic Yagong Members of the Hawaii County Council August 15, 2011 Page 2 • Second Postponement Request to July 2011: On June 22, 2011 we requested that we be placed on the July 2011 Council PC agenda. At that time, we felt confident we had reached agreement with DPW after several revisions to our Drainage Report to address the DPW comments. We have spent over a year of diligently negotiating with the DPW on our proposed drainage mitigation measures. • Final Postponement Request to August 19, 2011: Our final postponement request was made on July 18, 2011, and requested a continuance from the July 21, 2011 date to August 16, 2011. This last request was due to an unexpected urgent personal matter for the Applicant. Prior to July 18 our office was preparing for the July 21 hearing and was in contact with the County and various Council members to be able to address any last minute concerns or issues. On July 18, we notified the Council as soon as we knew that the Applicant could not make the July 21 hearing. Connectivity Ms. Ford stated that there is "no connectivity to Hienaloli Road', there is no connectivity to the undeveloped south parcel, and "need connectivity from the Pualani Estates Subdivision to the Wal Mart area". There is no proposed road connection from the Project out onto Hualalai Road because the DPW recommended against any road connection in that area due to the steep slope and poor sight distance. The Applicant has complied with Policy TRAN-2.1 of the Kona CDP as it applies to Connectivity Standards by providing direct connectivity in the form of dedicable road stubouts to the makai Parcel 42 development and to the south parcel. As shown within the Kona CDP's Official Concurrency Map (Figure 4-3), the County has future plans for a County major collector road which will provide a north-south connection from Puapuaanui Street within the Pualani Estates Subdivision to Nani Kailua Road. A portion of this north-south collector road has been constructed within the Pualani Estates Subdivision, and runs north into the Parcel 41 owned by Brian Cook Development. The Applicant will design and construct all connecting roadways for dedication to the County as required by the DPW. Cul-de-Sac Subdivision Ms. Ford referred to the Project as a "45-lot cul-de-sac subdivision". The Project is not considered a cul-de-sac subdivision as defined under Section 23-48 of the Hawaii County Subdivision Code: "(a) A cul-de-sac shall be as short as possible and shall not be more than six hundred feet in length nor serve more than eighteen lots;provided that longer streets may be approved by the director when unusual conditions exist. (b) All cul-de-sacs shall terminate with a circular turn-around of forty-five feet radius, except that a T-turn-around or other suitable turn-around may be permitted, if in the opinion of the director, this type of turnaround meets the requirements of the situation. Chairman Dominic Yagong Members of the Hawaii County Council August 15, 2011 Page 3 Also, the Applicant spent considerable effort with DPW prior to filing the application to determine appropriate north-south connector road alignments within the Project, and has included those county dedicable north-south connector roads leading out to Hualalai Road in the design of the Project. VIRGINIA TORMEY PUBLIC TESTIMONY Ms. Tormey stated she is a current resident of the adjacent Kona Orchards Subdivision located mauka of our Project and was opposed to the Project. In general, Ms. Tormey was opposed because the development "does not enhance our quality of life" for residents in an area where there should be green space, playgrounds and connectivity between adjacent communities. Ms. Tormey also stated that the development "packs in density". • Quality of Life, Green Space and Community Connectivity: The Applicant is proposing a green space area within the mauka/east boundary of the Project along Hualalai Road which will help to mitigate drainage and/or floodwaters coming from the mauka lands (which includes Ms. Tormey's Kona Orchards Subdivision) onto Hualalai Road and further protect the makai lands from flooding. This mauka drainage area will also serve the dual purpose of providing a green space area, consistent with the policies of the Kona CDP. The Applicant is proposing to develop the 45-lot subdivision as a Planned Unit Development to allow more design flexibility and a range of market product to address the needs and lifestyle of those residents who want to live in a residential community that promotes social interaction, encourages outdoor activities and is pedestrian friendly. • Density: Ms. Tormey is a resident of the Kona Orchards Subdivision which is located entirely outside of the area designated for urban growth by the County's General Plan and the Kona Community Development Plan ("Kona CDP"). In contrast, the Project lands are targeted for urban growth and development. Additionally, the Project has been determined by the Planning Director to be entirely within the County's LUPAG Urban Expansion designation and entirely within the Kona CDP Kona Urban Area which allows for higher density residential development. GEORGE ERROR PUBLIC TESTIMONY • Ownership: Mr. Error questioned the ownership of Parcel 42 and Parcel 43. As mentioned within the Planning Director's letter of May 24, 2011, there is no common ownership of the parcels in question. Each parcel is owned by separate business entities. Parcel 42 is owned by Hu-Ko-Pa, LLC and Parcel 43 is owned by Hualalai Partners of Kona, LLC. While members of the Barrett Family are currently involved in the ownership of both Parcels 42 and 43, that is only because one of the original investors decided to depart from the ownership team. Chairman Dominic Yagong Members of the Hawaii County Council August 15, 2011 Page 4 • Density: Mr. Error is a resident of the Kona Orchards Subdivision. In addition to our comment under "Density" discussed above, Mr. Error also indicated that the same Applicant had previously applied for a rezoning to A-la zoning. There has been no previous application to rezone this or the surrounding lands to one-acre lots. Mr. Error also stated that he would prefer the development to consist of 1/2 acre sized lots or no less than 20,000 square foot lots. The Applicant previously applied for RS-20 rezoning in 2006 and withdrew the rezone request on May 5, 2009 due to the adoption of the Kona CDP on September 25, 2008, in order to restructure the Project to comply with the policies of the Kona CDP. Additionally, on March 14, 2011 under Communication No. 45.3, in response to concerns raised by the community for larger lots, the Applicant revised the Master Plan to increase the lot sizes to 15,000 square feet along the Property's frontage at the Hienaloli Road/Hualalai Road intersection and the south boundary. Although the maximum density permitted under the proposed RS-10 is 65 lots, the Applicant is proposing to limit density to a maximum of 45 lots. We hope the above addresses any recent issues or concerns raised during the July 21, 2011 Council PC meeting and we look forward to addressing the Council and the public at the upcoming August 16, 2011 meeting. Should you have any questions or require additional information regarding this submittal, please feel free to contact myself or my paralegal, Rose Naboa, at 935-6644. Very truly yours, CAR1 L SMITH BALL LLP e-114 A Steven S.C. Lim SSL/RMA cc: Client Glynis Yamada, Council Services Jeanette Aiello, Council Committees 4830-3305-2938.1