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HomeMy WebLinkAbout2024-03-17 PL-REZ-2022-000033 Request to Transmit to County Council DeVera, Ashley From: Daryn Arai <Daryn.Arai@outlook.com> Sent: Sunday, March 17, 2024 10:23 PM To: Planning Internet Mail Cc: Roland Higashi; Richard Wheelock; Robert G. Williams; Michael Matsukawa; Jackson, Maija; Kay, Christian Subject: PL-REZ-2022-000033 Kona Three LLC - Request to Transmit Record to County Council Attachments: PL-2022-000033 Kona Three LLC request to Transmit Record to Council 2024.03.18.pdf Chair Barbara DeFranco and Members of the Leeward Planning Commission. Please accept the attached letter requesting that the record associated with the above-described docket regarding Kona Three LLC's request to amend Ordinance No. 02-131 be transmitted to the County Council for further action. Thank you for your service on the Commission. Daryn Daryn Arai Land Use Planning Consultant Mobile: (808) 895-3218 Daryn Arai Land Use Planning Consultant March 18, 2024 Ms. Barbara DeFranco, Chairperson And members of the Leeward Planning Commission 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Ms. DeFranco: SUBJECT: Request to Transmit Change of Zone Amendment Application (PL-REZ-2022-000033)to County Council regarding Amendment to Change of Zone Ordinance No. 02 131 Request: Ten (10)-Year Time Extension to Condition I (Complete Construction of the First Increment on RM Zoned Lands) and Amendment to Clarify Condition N(Roadway Standards) Applicant: Kona Three LLC Tax Map Key: (3) 7-6-021:016 and 017, North Kona, Hawai`i The Applicant for the above-described matter has received notification from the Planning Department dated March 12, 2024 that the public hearing before the Leeward Planning Commission regarding this particular agenda item originally scheduled for its March 21, 2024 meeting has been cancelled due to a lack of quorum to hear or act on the matter. Based on this meeting cancellation, and with no assurance that the Leeward Planning Commission will be able to offer a timely rescheduling of this particular agenda item due to continuing issues regarding quorum, the Applicant respectfully requests that the Leeward Planning Commission promptly transmit the amendment request, and the entire record associated with this matter, to the County Council for further disposition pursuant to Section 25-2-42(d)(3) of the Zoning Code. The Applicant understands that this requested action will result in an unfavorable recommendation on this matter by the Leeward Planning Commission. This request is further prompted by facts that the proposed amendments were initially filed by the Applicant and accepted by the Planning Department on June 21, 2022. The initial hearing on this matter before the Leeward Planning Commission originally scheduled for October 20, 2022 was deferred by the Planning Department, with agreement by the Applicant, due to the abbreviated hearing and number of agenda items scheduled that constrained the Applicant's opportunity to be properly heard. The Applicant subsequently notified the Planning Department that it was able to proceed with the postponed hearing at the Leeward Planning P.O.BOX 4501,HILO HAWAII 96720 PHONE: (808)895-3218 EMAIL:DARYN.ARAI@OUTLOOK.COM Ms. Barbara DeFranco, Chairperson And members of the Leeward Planning Commission Page 2 of 3 March 18, 2024 Commission's December 17, 2022 meeting, that resulted in its decision to defer action until the Cultural Resources Commission had the opportunity to review the proposed requests. A meeting on this matter before the Cultural Resources Commission was held on March 8, 2023 where it established a Permitted Interaction Group for the purpose of conducting a site inspection of the project site, which occurred on March 23, 2023. The report from the Permitted Interaction Group was presented to the Cultural Resources Commission at its May 10, 2023 meeting, with full discussion with the Applicant occurring at its June 21, 2023 meeting that resulted in the deferral of this matter to its next meeting to review draft motions and to allow for additional discussion by commissioners. At its July 21, 2023 meeting, the Cultural Resources Commission stated that after considering the cultural and historic resources on the property including the undocumented Holualoa Trail and petroglyph and how it relates to Holualoa, as well as other possible significant cultural historic features not previously identified, it's opinion of the project's impact to historical assets is that this project will likely have a substantial impact on historic assets. The following Cultural Resources Commission's opinions and recommendations were transmitted to the Leeward Planning Commission for consideration: 1. Due to the historic and cultural significance of the property, the CRC recommends that the property be preserved in perpetuity. In the event that this is infeasible, the CRC recommends the following conditions be required to be completed prior to any development permit approvals by the County. a. In order to be integrated into the development design, the CRC recommends further documentation of lineal descendant and kama'aina knowledge of the natural and cultural resources of the project area, inclusive of trails. b. That the applicant, in consultation with the community, amend the current development plan to include larger open space areas that more sensitively integrate and protect the natural, historical, and cultural features of the landscape, including trails and other cultural sites, as well as natural features of the terrain such as drainage channels, and native plants. The Applicant has since spent the last 8 months conducting and assembling additional information in response to the recommendations of the Cultural Resources Commission, in the hopes that it could proceed forward with the March 21, 2024 meeting before the Leeward Planning Commission. With no assurance from the Planning Department that the Applicant can proceed forward with its amendment requests in a timely manner, the Applicant has made this request to transmit the entire record on this matter to the County Council for further action. Ms. Barbara DeFranco, Chairperson And members of the Leeward Planning Commission Page 3 of 3 March 18, 2024 Should you have any questions or require additional information to assist with this request,please feel free to contact me. Sincerely, ,(...6?fe,‘.(;IL.. Daryn Arai Land Use Planning Consultant cc via email: Kona Three LLC Michael Matsukawa, Esq.