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Home My WebLink About2024-06-07 Letter from Katherine Garson, Carlsmith Ball Propose Amendment to Condition GCARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O. Box 686 HILO, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 WWW.CARLSMITH.COM KGARSON@ CARLSMITH. COM June 7, 2024 VIA PLANNINC(&HAWAIICOUNTY.GOV Leeward Planning Commission Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Applicant: Kaupulehu Land LLC Change of Zone Application (PL-REZ-2022-000039) Tax Map Key No.: (30 6-4-024:027 Agenda Item 2: June 20, 2024 Leeward Planning Commission Meeting Proposed Amendment to Condition G of County of Hawaii Planning Department Recommendation Dear Chair DeFranco and Members of the Commission: The Applicant is pleased to be appearing before the Leeward Planning Commission at its June 20, 2024 meeting for the above -referenced agenda item as well as Agenda Item 1, State Land Use Boundary Amendment, (PL-SLU-2022-000008). Since Kaupulehu Land LLC's last substantive appearance at the June 15, 2023 Leeward Planning Commission meeting, the Applicant has been in communication with the State of Hawaii Department of Transportation (HDOT) and the Planning Department to address the access issues for the proposed Project. As a result of those communications, HDOT has indicated that it does not have an objection to a single new commercial driveway to the proposed Neighborhood Commercial (CN - 10) zoned area, with the residential agricultural lots being accessed over the adjacent Ishihara Farm Road which serves as the existing access to and from Mamalahoa Highway for the existing residences as shown in the attached updated site plan. HONOLULU HILO KONA MAUI Leeward Planning Commission 101 Aupuni Street June 7, 2024 Page 2 Based on these discussions, the Applicant proposed, and the Planning Department agreed to the following change in Condition G to the County of Hawaii Planning Department Recommendation on the Change of Zone Application to: G. The Applicant shall submit plans,for subdivision approval showing removal of the existing 10 foot -wide No Vehicular Access & Planting Screen" easement along the subject property's Mamalahoa Highway frontage in the area of any State Department of Transportation approved access to the CN -Zoned lands from Mamalahoa Highway. This proposed change of the removal of the "No Vehicular & Planting Screen" easement at the single new commercial entrance is also supported by HDOT. See attached e-mail dated August 4, 2023 from Hairy Takiue, District Engineer, Department of Transpiration - Highways. The Applicant respectfully requests that the Commission approve the proposed change to Condition G above in its consideration of the Agenda Item 2. We look forward to continuing the discussion on this Project which conforms to the applicable goals, policies and standards of the General Plan and the South Kohala Community Development Plan. Sincerely, Katherine A. Garson cc: Planning Department HDOT Harry Takiue (via e-mail: harry.h.takiue@hawaii.gov) Enclosure 4862-5478-1638.3 g a ILL 11120. EXHIBIT 1 From: Jackson, Maiia To: Dacayanan, Melissa Cc: Andrews. Jessica Subject: FW: Request attendance at Leeward Planning Commission meeting Date: Monday, August 7, 2023 8:09:35 AM Attachments: image001.pnq Importance: High Hi Mel, please make sure the LPC gets the email below as soon as possible for the 8/9 meeting for Kaupulehu Land LLC. Thanks! From: Takiue, Harry H <harry.h.takiue@hawaii.gov> Sent: Friday, August 4, 2023 4:26 PM To: Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; Keelan, Jane R <jane.r.keelan@hawaii.gov> Cc: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov>; Corpuz, Clifford A <clifford.a.corpuz@hawaii.gov>; Camacho, Stacey A <stacey.a.camacho@hawaii.gov>; Yamada, Clinton <clinton.yamada@hawaii.gov>; Tiapula, Suzanna L <SuzannaL.Tiapula@hawaiicounty.gov>; Watanabe, Kelsey <Kelsey.Watanabe@hawaiicounty.gov> Subject: Re: Request attendance at Leeward Planning Commission meeting Hi Maija, Thank you. The only concern we have is condition G. The removal of the existing 10 ft wide "No Vehicular & Planting Screen" easement shall only be at that one commercial entrance and not the entire 10 ft wide "No Vehicluar & Planting Screen" easement. Thank you, Harry Thank you, Harry Takiue District Engineer Department of Transportation - Highways 50 Makaala Street Hilo HI 96720 (808) 933-8866 From: Jackson, Maija<Maija.Jackson(@hawaiicounty.gov> Sent: Tuesday, July 25, 2023 9:32:35 AM To: Takiue, Harry H <harry.h.takiue@hawaii.gov>; Keelan, Jane R <jane.r.keelan@hawaii.gov> Cc: Andrews, Jessica <Jessica.Andrews@hawaiicountv.gov>; Corpuz, Clifford A <clifford.a.corpuz@hawaii.gov>; Camacho, Stacey A <stacey.a.camachoPhawaii.gov>; Yamada, Clinton <clinton.vamadaPhawaii.gov>; Tiapula, Suzanna L<SuzannaL.TiapulaPhawaiicounty.gov>; Watanabe, Kelsey <Kelsey.Watanabe(@hawaiicounty.gov> Subject: [EXTERNAL] RE: Request attendance at Leeward Planning Commission meeting Aloha Harry and Jane, We are not able to change the Planning Commission meeting date from August 9th and understand that a representative from DOT will not be able to attend. Attached is the applicant's response to DOT's latest memo (also attached) for the project. It would be helpful if DOT could provide a written response to the applicant's response so that the Planning Commission can understand if DOT has any concerns that cannot be addressed at the time of construction plan review or issuance of a permit for access to the DOT highway. The Planning Director is recommending the following 4 conditions be added to the rezone ordinance for the project to address the concerns that DOT has raised so far. Please let me know if you do not believe these conditions are adequate to address DOT's concerns or if additional conditions are needed. Thank you, Maija Jackson D. Final Subdivision Approval shall be secured within ten (10) years from the effective date of this ordinance. Plans submitted for subdivision approval shall include the existing 10 -foot -wide future road widening strip along the subject property's Mamalahoa Highway frontage. E. Prior to issuance of Final Plan Approval for any use in the CN -zoned area, the Applicant shall submit an updated traffic impact analysis report (TIAR), to be reviewed and approved by the State Department of Transportation. The updated TIAR shall include, but not be limited to, an evaluation of whether highway improvements should be required as a result of anticipated traffic generated by the development. If there are traffic impacts attributable to the development, the Applicant shall be required to provide appropriate traffic mitigation improvements at no cost to the State. F. Access to Mamalahoa Highway shall meet with the requirements of the State Department of Transportation. G. Should the State Department of Transportation approve access to the CN -zoned lands from Mamalahoa Highway, the Applicant shall submit plans for subdivision approval showing removal of the existing 10 -foot -wide "No Vehicular Access & Planting Screen" easement along the subject property's Mamalahoa Highway frontage.