HomeMy WebLinkAbout06-13-2022 Applicant's Response to Agency Comments & Proposed Conditions (PL-REZ-2021-012) LPC Item 41 Siting Chen(PL-REZ-2021-012)
6/13/2022 Applicant Response to Agency Comments&
LAND'* 194 Proposed Conditions
,y Wiwoole St. Hilo, HI 96720
PLANNING 0� (808) 333-3393
info@landplanninghawaii.com
HAWAII LLC
June 13, 2022
Mr. Jeffrey Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Applicant's Response to Agency Comments & Proposed Conditions
Change of Zone Application (PL-REZ-2021-000012)
Landowner: Siting Chen
Waiaha 1St, Kailua-Kona, North Kona, Hawaii, TMK: (3) 7-5-017: 043
Our office submitted the subject Change of Zone application on behalf of the landowner to
rezone the subject property from A-5a to FA-la in order to subdivide the property into
eleven (11) lots.
The applicant appreciates the Deputy Director's favorable recommendation and agrees with
the vast majority of the proposed conditions, however, Condition G as it is written may
create obstacles to completion of this proposed project. Condition G states:
Hualdlai Road,fronting the subject property, is identified as a collector road by the Hawai`i
County General Plan and therefore recommended to be improved to a 66-foot-wide right-of-
way. Provided that the sole access to Hualdlai Road is developed as a shared access, in
coordination with development of the adjacent parcel to the west, identified as TAIK(3)7-5-
017:042, a future road widening strip equaling half the distance between the difference of
the current and proposed 66-foot-wide right-of-way width along the property's Hualdlai
Road frontage shall be subdivided at the time of Final Subdivision Approval and dedicated
to the County upon request of the Department of Public works at no cost to the County.
Further, condition H states:
Should a secondary road access from Hualdlai Road to the subject parcel be developed, the
Applicant shall provide improvements to the entire subject property frontage of Hualdlai
Road consisting of, but not limited to,pavement widening,paved shoulder and Swale
improvements, and any required utility relocation, meeting the requirements of the
American with Disabilities Act and the approval of the Department of Public Works. The
improvements shall be located within the future road widening setback required in
Condition H and shall be dedicated to the County.
We agree with the overall intent of these paired conditions that would allow this project
without improving the entire frontage of Hualdlai Road if and only if a single access is used
for both this project and any proposed development of the neighboring parcel 42. However,
as it is written, this requires an action by the adjacent property owners (lot 42)which the
applicant has no control over. We have been in discussions with a potential purchaser of lot
42 and generally they are receptive to coordinating planned infrastructure. However, to date
the property has not sold and there is no formal agreement for cooperation. Should the sale
not close or sell to another party, we can have no assurance that cooperation can be
achieved.
Conditions of Ordinance 10-02 enabling the development of lot 42 as a RS-10 subdivision
were not met prior to the expiration of the time for performance. To date no application for
an additional time extension has been submitted for that development and any request to
develop that property would require review by the Planning Commission and/or the County
Council.
It should also be noted that Ordinance 10-02 had no requirement to develop one access to
Hualalai Road in coordination with lot 43, however Condition H of that Ordinance stated:
Roadway connections to adjoining parcels (TMK: 7-5-17: 41, 44, and 43)shall be provided.
Further, the Draft Ordinance (2014 Bill 144)for the previously proposed RS-15 subdivision
had no such requirement to coordinate with the neighboring planned development. Rather, a
condition requiring connection to lot 42 was incorporated as a condition in that draft
Ordinance.
The applicant has no assurances as to if/how/when lot 42 will be developed and thus
requiring that the applicant plan his project in conjunction with the development of lot 42 is
an untenable condition. The applicant can only rationally commit to an action that he can
control.
Effectively, the owner of lot 42 could hold this project hostage under that scenario. As both
of the proposed accesses to Hualalai Road (across lot 42 and lot 43) are planned extensions
of existing streets serving the interconnectivity required by the Kona CDP, it is fair that the
County require of any applicant proposing the second access to Hualalai Road to connect
with an already entitled project. To this end the Applicant is fully willing to establish access
along their property boundary such that future connection from lot 42 is possible. Access
alternatives are shown on the attached Exhibit A. It should be noted that the planned access
for the proposed development on parcel 42 would have occurred directly adjacent to the
subject property's frontage on Hualalai Road. Our proposed revision to Condition G follows
(underlined text is added and bracketed text is deleted).
Proposed Revised Condition G:
Hualalai Road,fronting the subject property, is identified as a collector road by the Hawai`i
County General Plan and therefore recommended to be improved to a 66-foot-wide right-of-
way. Provided the Applicant constructs or participates in the construction of a single access
to the project along the shared boundary between the subject property and TMK: 7-5-17: 42
such that connection to Hualalai Road is possible by parcel 42 and design for access are
prepared in consultation with owners oLparcel 42[Provided that the sole access to
Hualalai Road is developed as a shared access, in coordination with development of the
adjacent parcel to the west, identified as TMK(3)7-5-017:0421, a future road widening strip
equaling half the distance between the difference of the current and proposed 66-foot-wide
right-of-way width along the property's Hualalai Road frontage shall be subdivided at the
time of Final Subdivision Approval and dedicated to the County upon request of the
Department of Public works at no cost to the County.
We would also like to address comments received to date from DLNR-CWRM
Division of Land and Natural Resources— Commission on Water Resource
Management comments dated January 25, 2022
CWRM provided standard comments relating to coordination with the County's Water Use
and Development Plan, recommended use of water efficient fixtures, recommended use of
stormwater best management practices, recommended use of alternative water sources, and
recommended landscape irrigation conservation best management practices. CWRM also
questions whether 14 Equivalent Units of water is adequate for the proposed subdivision and
recommended water demand calculations be prepared.
Response
The applicant agrees with these recommended conservation practices and will encourage
their use throughout the development. Use of native drought tolerant landscaping will be
encouraged in the proposed subdivision
CWRM notes the water availability for the site as 5,600 gallons per day or approximately
373 gallons/acre/day. It should be noted that this is according to the average daily demand
standard. The maximum daily use provided for by DWS availability would be 8,400 gallons
per day or approximately 563 gallons/acre/day.
According to the Climate Atlas of Hawaii (Giambelluca et al. 2014) average annual
precipitation in the area is approximately 38 inches distributed well throughout the year.
Slightly drier conditions are experienced in winter months with an average of 2-3 inches of
rain per month. During the primary summer growing season from May through September
average monthly rainfall is approximately 4 inches which is adequate for a wide range of
non-irrigated crops. By way of illustration, on an acre of land 4 inches of rainfall a month
totals approximately 109,000 gallons of water.More detailed water demand calculations can
be prepared for the proposed subdivision if required. Nevertheless, alternative sources of
water for non-potable uses will be encouraged such as water re-use and rainwater catchment.
CWRM Groundwater Branch recommended reaching out to the Aha Moku Council for
comment on the proposed project. We have reached out to the main contact number for the
Council and will continue follow up for their feedback.
I trust that everything is in order for your continued processing of this application. If there
are any questions related to this matter, please direct them to me. Thank you very much.
Sincerely,
JOHN PIPAN
Land Planning Hawaii LLC
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