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HomeMy WebLinkAbout7-5-22 Applicant Response to PD Recommended Conditions Daryn Arai Land Use Planning Consultant July 5, 2022 Mr. Dennis Lin, Chairperson County of Hawaii Windward Planning Commission 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Chairperson Lin: Subject: Applicant's Response to Director's Recommended Conditions of Approval regarding Change of Zone Application PL-REZ-2022-000020 Applicant: RJL, LLC TMK: 2-4-039:025, Waiakea Homesteads, 2nd Series, South Hilo, Hawaii The Applicant, RJL, LLC, appreciates and accepts the findings and analysis of the Planning Director that presents a favorable recommendation of the requested change of zone application for the consideration of the Windward Planning Commission. The Applicant would, however, like to offer the following suggested amendments to the recommended conditions of approval for the sake of providing additional clarity, accompanied by supporting reasons: Proposed Amendments to Recommended Conditions of Approval (material to be deleted is bracketed and struck-out, with added material underscored): G. All []subdivision roadway connections and construction within the Ainaola Drive and Haihai Street Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Ainaola Drive and Haihai Street, including the provision of adequate site distances, shall meet with the approval of the Department of Public Works. Applicant's reasons: No direct driveway connections onto Ainaola Drive or Haihai Street is proposed, which is further restricted by Condition F. H. Install streetlights, signs and markings along interior subdivision roadways and in proximity to its intersections with Ainaola Drive and Haihai Street, meeting with the approval of the Department of Public Works-Traffic Division. Applicant's reasons: Provide additional clarity regarding the extent of the Applicant's obligations to provide these roadway improvements specific to the proposed 33-lot subdivision (Hikina Lani). P.O.BOX 4501,HILO HAWAII 96720 PHONE: (808)895-3218 EMAIL:DARYN ARAI@OUTLOOK.COM Mr. Dennis Lin, Chairperson County of Hawaii Windward Planning Commission Page 2 of 3 July 5, 2022 K. The applicant shall comply with Chapter 27, Flood Control, of the Hawaii County Code. No residential lots may be created which lack a buildable area of at least 7,500 square feet outside of any FEMA-designed floodway, which shall include those areas subject to a Conditional Letter of Map Revision (CLOMR). This restriction may be removed by amendment of this ordinance by the County Council. Applicant's reasons: All lots, including those within any FEMA-designed floodway, are considered "buildable" according to the County's Flood Control Code (Chapter 27, Hawai`i County Code). Lots within any FEMA-designated floodways must simply conform with additional site development and building construction regulations. If the intent of this condition to ensure that proposed lots have sufficient buildable area outside of a FEMA-designated floodway, or CLOMR, to avoid the need for mandatory flood insurance, then the proposed amendment will accomplish this goal. Note that the Applicant intends to capture the existing shallow(1 to 3 feet) surface floodwaters currently traversing the project site and divert it into underground culvert systems for disposal off-site at an existing County- maintained culvert system at the Ainaola Drive-Haihai Street intersection. Upon completion of all required drainage improvements, the Applicant anticipates that the FEMA-designated floodway affecting the project site may be reduced to just the area above the underground culvert system or eliminated in its entirety. O. Construction activities must comply[t] with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." Applicant's reasons: Primarily correcting a typographical error. However, the Applicant does wish to emphasize that its obligation to conform with applicable provisions of the Community Noise Control rule ends upon the sale of the individual lots within the proposed subdivision, at which time the individual lot owners will be held responsible. This transfer of responsibilities is set forth in Condition A which states that"The applicant(s), its successor(s) or assign(s) ("Applicant') shall be responsible for complying with all of the stated conditions of approval." Mr. Dennis Lin, Chairperson County of Hawaii Windward Planning Commission Page 3 of 3 July 5, 2022 Again, the Applicant is very appreciative of the Planning Director's support for this project that will provide for additional housing opportunities within the City of Hilo. And we look towards finding the same level of support from the Windward Planning Commission. Thank you for your kind consideration. Please feel free to contact me should there be any questions or need for additional information. Sincerely, DARYN ARAI Land Use Planning Consultant cc via email: Ms. Laurie Higashi, RJL, LLC