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HomeMy WebLinkAbout2024-02-22 PL-REZ-2023-000053 Sidney Fuke Meeting with Neighbors and Proposed Additional Conditions From: Sidney Fuke To: Andrews.Jessica;Jackson. Maiia Cc: Robert Hamilton; Kalysa Hamilton;Gail Rhoades; Kamaluhiaokalani Mauna Subject: Manono Corner LLC-Meeting with Neighbors Date: Thursday, February 22,2024 9:06:52 AM Attachments: Transmittal-Meetina with Neiahbors and Proposed Conditions.Ddf Good morning, Jessica and Maija: Given the time your office needs to incorporate and share with the Commission the outcome of our meeting with the neighbors, please find attached a letter summarizing our meeting and suggested conditions as a result of that meeting. Although we have not heard back from the Osako's, we received an email from Mrs. Rhoades noting that our proposal "did not meet their needs". To date, we have not received any correspondence from her articulating the reasons; however, if and when we do, and if there can be adjustments to what we are proposing, we will so inform your office. Please note that I have copied both of the neighbors on this email. As always, please let me know if you have further questions on this atter. Thank you very much! Sid SidneyFuke, Planning Consultant — P.O.Box 1345 •Hilo,Hawai'i 96720 •Planning-Variance•Zoning Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports February 22, 2024 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kern: Subject: Proposed Additional Conditions Rezoning Application—Manono Center, LLC TMK: 2-2-036: 076 (PL-REZ-2023-000053) At the February 1, 2024, meeting of the Windward Planning Commission,two (2) of the surrounding property owners raised some concerns regarding the subject application. The applicant then requested the hearing be continued to enable them to meet with them and hopefully address their concerns. On February 9, the applicant(Mr. Robert Hamilton and his daughter, Kalysa) and I met with Mr. and Mrs. Rhoades and Mr. Osako and his wife. Some of the concerns were more of a global nature and hence beyond the control of the applicant. At the same time, there were localized issues that could be addressed. As such and shortly after that meeting, we prepared and on February 12 provided them a list of suggested conditions for their review and comment. While we had not heard back from the Osakos, Mrs. Rhoades informed us via email on February 16 that the proposals did not"meet their needs"and would be sending us a letter to that effect. To date, we have not received the letter. As we had requested this deferral, we would like to use this means to report and share with you and the Commission the gist of the concerns and the applicant's proposed conditions, conditions which the applicant is prepared to accept. Please note that upon receipt of any correspondence from the Rhoades, we will be sure to transmit it to your office and will suggest, if appropriate, further amendments to the contents herein. PARKING: One of the concerns was that while the applicant is proposing to construct a building for commercial office/retail use that meets the minimum required parking, there are certain uses - like a restaurant or a bar -that could generate a need for more parking. Should that happen, since on-street parking is unavailable in this area, people may then illegally park on neighboring properties. To address this concern,the applicant proposed that in conjunction with the Plan Approval process, the Planning Director carefully review each use and require more parking Mr. Zendo Kern, Director February 22, 2024 Page 2 if it is determined that a particular use could generate a demand for more than the required number of parking spaces. The parking would have to be in place before an occupancy permit can be issued. The condition(in bold italics) would read as follows: Prior to issuance of Final Plan Approval for all retail uses, the Planning Director shall review the proposed use and its parking impact to the immediate area and, if deemed necessary, increase the minimum required number of parking spaces to further the public safety, convenience, and welfare. The required parking shall be in place prior to issuance of occupancy permit. DRIVEWAY LOCATION and MANONO STREET BACKUP: Another concern was the location of the Manono Street driveway. Having it located adjacent to the Rhoades' property as shown on the preliminary site plan would create a potential for drivers to mistakenly enter the Rhoades property and even affect the line of sight when vehicles exit the property. Additionally certain uses, such as a drive-thru or large delivery trailer, could create a backup on Manono Street. To address these concerns, the applicant proposed that 1)the three (3) existing driveways be consolidated into one (1), and that the access be situated at the existing northern most driveway; and 2) a traffic assessment approved by the Department of Public Works be done and submitted prior to issuance of Final Plan Approval for any use that require drive-through or large delivery trailers and appropriate on and off-site mitigation be taken before those uses be allowed. The condition (in bold italics) would read as follows: The three existing driveway accesses from Manono Street shall be consolidated into one and be situated at the existing northern most access. Access from East Lanikaula Street shall be limited to right-in, right-out movements only. Full movements from Manono Street shall be allowed,provided that a Department of Public Works-approved traffic assessment with appropriate mitigation shall be submitted in conjunction with any application for Plan Approval for a drive-thru use or use requiring off-street loading spaces. Driveway access plans pursuant to Hawaii County Code, Chapter 22, County Streets, shall be submitted for the review and approval of the Department of Public Works. The required and/or appropriate mitigation(s) shall be in place prior to issuance of a Certificate of Occupancy for any use. NOISE/DUST: Another concern was dust and noise, especially during the construction phase - including the demolition of the existing structures. Having prior notification would give the neighbors an opportunity to adjust their schedules and take appropriate measures - like window closing. In that regard,the applicant proposed Mr. Zendo Kern, Director February 23, 2024 Page 3 a condition(in bold italics) that address this notification protocol - with the contact information of the responsible person- not only during any land disturbance (construction) phase but also during the occupancy phase of the project. Thus, for example, if there are parking infractions, the adjacent property owners would know who to contact, including the County. At least three (3) days prior to commencement of any land disturbance activity, the applicant or its successors or assigns shall provide notice to the immediately adjoining single-family residentially zoned property owners of the commencement date, hours of operation, and contact information of the owner or person responsible to ensure compliance with the State Department of Health's rules and regulations regarding noise, dust, and air quality mitigation. Further, upon the project's completion, the applicant or its successors of assigns shall provide to the County Planning Department and immediately adjacent single-family residentially zoned property owners the contact information of the owner or person(s) or management company responsible to ensure compliance with appropriate State and County regulations regarding noise and parking. As noted earlier, the applicant is prepared to accept the aforementioned conditions. In the event you elect to make that a part of the recommended conditions, I have attached the proposed conditions for your use. We trust that this sufficiently responds to the agencies' comments to date. If not or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, SIDNEY M. FUKE Planning Consultant Enclosure Copy—Mr. Robert and Kalysa Hamilton, Manono Corner LLC via email PROPOSED CONDITIONS MANONO CORNER, LLC Parking (New Condition) Prior to issuance of Final Plan Approval for all retail uses, the Planning Director shall review the proposed use and its parking impact to the immediate area and, if deemed necessary, increase the minimum required number of parking spaces to further the public safety, convenience, and welfare. The required parking shall be in place prior to issuance of occupancy permit. Driveway Access (New Condition H) (Delete Condition H in its entirety, which states "Access to the project site from Manono Street and Lanikaula Street shall meet with the approval of the Department of Public Works." Replace it with a new Condition H to read: The three existing driveway accesses from Manono Street shall be consolidated into one and be situated at the existing northern most access. ,Access from East Lanikaula Street shall be limited to right-in, right-out movements only. Full movements from Manono Street shall be allowed, provided that a Department of Public Works-approved traffic assessment with appropriate mitigation shall be submitted in conjunction with any application for Plan Approval for a drive-thru use or use requiring off-street loading spaces. Driveway access plans pursuant to Hawaii County Code, Chapter 22, County Streets, shall be submitted for the review and approval of the Department of Public Works. The required and/or appropriate mitigation(s) shall be in place prior to issuance of a Certificate of Occupancy for any use. Noise/Dust (New Condition) ,At least three (3) days prior to commencement of any land disturbance ;activity, the applicant or its successors or assigns shall provide notice to the limmediately adjoining single-family residentially zoned property owners of -the commencement date, hours of operation, and contact information of the owner or person responsible to ensure compliance with the State (Department of Health's rules and regulations regarding noise, dust, and air quality mitigation. (Further, upon the project's completion, the applicant or its successors of assigns shall provide to the County Planning Department and immediately adjacent single-family residentially zoned property owners the contact iinformation of the owner or person(s) or management company responsible Ito ensure compliance with appropriate State and County regulations regarding noise and parking.