01-17-2022 Applicant's Proposed Amendments to Conditions (PL-SLU-2021-000002 / PL-REZ-2021-000011)

Home

LAND`0 "--�& 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 HAWAII LLC info@landplanninghawaii.com January 17, 2022 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Proposed Amendments to Conditions of Rezone A-1a to RS-15 (PL-REZ-2021-000011) Agricultural to Urban (PL-SLU-2021-000002) Applicant: Aaron Nuola Kahananui Ooma Homesteads, North Kona, Hawaii, TMK: (3) 7-3-017: 024 We are in receipt of the Planning Department's Background and Recommendation Reports on the subject applications and appreciate the hard work of the Department and the favorable recommendation. In reviewing the proposed conditions for the rezone ordinance, we found three that may benefit from incorporation of additional information. We respectfully request consideration of the following amendments: B. Prior to issuance of Final Subdivision Approval, the Applicant shall designate, in writing, which lot within the proposed subdivision will be assigned each of the existing service meters and construct necessary water improvements, which shall include but not be limited to ifist llat o of a fire hy -ant within, inn feet o f e pr-epesed le relocation and adjustment of the Department of Water Supply's affected water system facilities, should they be necessary. There is already a fire hydrant located within 300 feet of each proposed lot(less than 250 feet). The hydrant is located as shown on the attached Figures 1 & 2 along the makai frontage of the neighboring parcel to the north. H. To protect any Hawaiian Hawks(`Io)in the project vicinity, prior to cutting any trees on the subject property, a qualified biologist shall survey the area to ensure no Hawaiian Hawk nests are present. As written this condition is very limiting of the Applicant's property rights as it would require a qualified biologist to survey the area prior to cutting of aM trees on the subject property, regardless of size or species of tree. Previous rezones have addressed the protection of Hawaiian Hawks differently as detailed in the following proposed new Condition H. Proposed Condition H: To protect any Hawaiian hawk in the vicinity of the property, clearing, grubbing and construction activities shall not occur in the permit area during hawk breeding season of March 1 to September 30 without first having a qualified biologist conduct surveys for hawk