HomeMy WebLinkAboutPL-SPP-2023-000036 4.4.2023 KA AINA PONO OWNERS TESTIMONY COH
April 4, 2023 Rot!MAY 16 231 PLANNING 21
RE: Special Permit Application (PL-SPP-2023-000036) HAND DELIVERED
Joan Hunziker
Lot 5, Ka'Aina Pono Subdivsion
Aloha County of Hawaii Interested Parties:
Mahalo for the opportunity to submit written testimony and questions regarding the
above referenced Special Permit Application. We are a group of property owners that
own property in the Ka"Aina Pono Subdivision (KAP) contiguous to or near the subject
property.
First, the entire KAP subdivision is serviced by a l2rivate and gated road that provides
for easements to other properties for utilities and access. There is NOT a Homeowners
Association (HOA) and each individual KAP property owner is responsible and liable for
their respective portion of the private road and in fact, their respective property line is to
the center of Nani Kailua Drive. While a Roadway Association (as a non-profit
corporation and again, NOT as an HOA) has been formed, it serves to coordinate
maintenance of the roadway and gate, drainage, safety and security. Each KAP
Property Owner is responsible to secure their own liability insurance coverage. Because
of this unique ownership we have the following concerns related to this proposed
commercial use:
1. Increased traffic and wear and tear on the private roadway system and gate.
Based on the current application there is the potential for six (6) additional guests and
three (3) additional vehicles per day. How will this increased usage of the roadway
system and gate (not contemplated in the original design of the roadway) be mitigated?
2. Is there adequate parking on the subject property? Currently vehicles are
overnight parking on the KAP roadway easement in clear violation of the rules,
regulations and CC&R's for KAP. How will this be mitigated?
3. Will density limits be put into place to limit the number of Transient
Accommodation Rentals (Hosted, Bed and Breakfast) allowed within subdivisions? KAP
already is subjected to five (5) non-comforming transient uses*with NO mitigations in
place for the impacts to the neighborhood serviced by our private roadway. (Traffic,
Noise, Security, etc)
4. Will the applicant provide additional insured certificates for all the Property
Owners of the private road for liability purposes?
5. What steps will be taken to ensure the gate code is not widely distributed? This
speaks directly to safety and security.
Page 2 - County of Hawaii - Hunziker Application
6. What steps will be taken to ensure the guests will be respectful of the residential
nature of the neighborhood and minimize noise and disruptions?
While we appreciate that the applicant is willing to take the appropriate steps to at least
make her transient use legal (since no one else has) we share these concerns based on
first hand knowledge of the current non-conforming/illegal transient uses impacts in our
neighborhood that have, for some time, been duly reported to the Department of
Planning.
Thank you for your consideration.
KAP Property Owners:
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*The Roadway services 43 agriculturally zoned lots. Of the 43 lots, eight (8) are fallow
and two (2) are in nursery related operations.Thus, approval of this application would
increase the legal and illegal transient accommodations to six (6) (that we know about)
or 18 percent of the developed lots on agricultural zoned land serviced by the private
road. Even inclusionary housing for low income is limited to 10 or 15 percent. Transient
housing should have limits as well or as stipulated in HRS, not allowed on Ag zoned
properties at all.
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Special Permit Application (PL-SPP-2023-000036
Joan Hun ik
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