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HomeMy WebLinkAbout2024-06-04 Email Katherine Garson (HDOT's Aug. 4, 2023 Email) (inadvertently not given to LPC) From: Katherine A.Garson To: Andrews.Jessica Cc: Jackson. Maiia;Onaona P.Thoene Subject: RE: Leeward Planning Commission Notice of 6-20-24 Hearing for Kaupulehu Land LLC(PL-SLU-2022-000008& PL-REZ-2022-000039)on TMK: (3)6-4-024:027 Date: Tuesday,June 4,2024 2:55:05 PM Attachments: 2023-08-04 Email Harry Takiue-State DOT Hiahways.odf RE EXTERNAL Aoolicant Kauoulehu Land LLC Aoolication State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008)and Chance of Zone Aoolication(PL-REZ-22-000039)TMK(3)6-4-024027.msa Site Plan One Driveway for DOT.odf Jessica, To clarify, HDOT's August 4, 2023 e-mail that you attached (attached again here) was about the new access to the commercial portion of the Project. That is the only portion of the property which has the no access easement. Ishihara Road has always been the access to the residential portion of the Project. HDOT confirmed that they did not object to a new access to the commercial portion of the project from Mamalahoa Highway and that the residential agricultural lots would continue to be accessed over Ishihara Farm Road (which already has an existing access onto Mamalahoa Highway) in the attached e-mail exchange which also was on August 4, 2023 between our client's consultant Nancy Burns and HDOT. See attached —the Site Plan showing the one driveway is what was provided to H DOT. In light of the foregoing, why don't we revise condition G to the following: 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. Kathy From: Andrews, Jessica [mailto:Jessica.Andrews@hawaiicounty.gov] Sent: Tuesday, June 4, 2024 12:22 PM To: Katherine A. Garson Cc: Jackson, Maija; Onaona P. Thoene Subject: RE: Leeward Planning Commission Notice of 6-20-24 Hearing for Kaupulehu Land LLC (PL-SLU- 2022-000008 &PL-REZ-2022-000039) on TMK: (3) 6-4-024:027 CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kathy, Thank you for providing the revised site plan and proposed revision to Condition G. It sounds reasonable to clarify the easement would be removed "in the area of the approved access." However,since DOT has not provided us definitive approval of a second access point beyond the one at Ishihara Farm Road,we'd prefer that the beginning of the condition remain as originally drafted. As such the proposed language for Condition G would read as follows: G. Should the State Deportment of Transportation approve access to the CN-zoned lands from Momolohoo 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 Momolohoo Highway frontage in the area of the approved access. Please let us know if the applicant agrees with our suggested revisions to Condition G. Thanks, Jessica From: Katherine A. Garson <kgarson @carlsmith.com> Sent: Tuesday,June 4, 2024 10:26 AM To: Andrews,Jessica <Jessica.Andrewsna hawaiicount)�.gov> Cc:Jackson, Maija <Maiia.Jacksonna hawaiicount)�.gov>; Onaona P. Thoene <pthoenena carlsmith.com> Subject: RE: Leeward Planning Commission Notice of 6-20-24 Hearing for Kaupulehu Land LLC (PL- SLU-2022-000008 & PL-REZ-2022-000039) on TMK: (3) 6-4-024:027 Jessica, Yes, the client understands that HDOT will allow only 1 driveway access from the commercial project area to the Highway—see the attached revised site plan. Given the above, we suggest that condition G be revised to: G. t The State Deportment of Transportation approved one access to the CN-zoned lands from Momolohoo Highway. The-tie 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 Momolohoo Highway frontage in the area of the approved access. Kathy KATHERINE A. GARSON Partner I Carlsmith Ball LLP 6 121 Waianuenue Avenue Hilo, HI 96720 Tel: 808.935.6644 Fax: 808.935.7975 Honolulu - Hilo - Kona - Maui IMPORTANT/CONFIDENTIAL: This message from the law firm of Carlsmith Ball LLP, A Limited Liability Law Partnership, contains information which may be confidential, privileged, and/or exempt from disclosure under applicable law. If you are not the addressee (or authorized to receive for the addressee), you are hereby notified that the copying, use or distribution of any information or materials transmitted in or with this message is strictly prohibited. If you received this message in error, please immediately notify me (the sender) by replying to this email, then promptly destroy the original message. Thank you From: Andrews, Jessica [mailto:Jessica.Andrews(a)i hawaiicountyaov] Sent: Monday, June 3, 2024 4:55 PM To: Katherine A. Garson Cc: Jackson, Maija Subject: Leeward Planning Commission Notice of 6-20-24 Hearing for Kaupulehu Land LLC (PL-SLU- 2022-000008 &PL-REZ-2022-000039) on TMK: (3) 6-4-024:027 CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kathy— Looking back at the last correspondence from DOT on this application (see attached email from DOT), it looks like they will only allow removal of the"no vehicular&planting screen"easement at one commercial entrance, not along the entire property frontage. Does the applicant have a proposed amendment to Condition G to address this DOT requirement? Please provide any proposed language to our office as soon as possible,or let us know if you prefer to discuss potential changes to Condition G on the floor at the hearing. Thanks, Jessica Jessica Andrews,Planner V County of Hawai'i Planning Department 101 Pauahi Street,Suite 3 Hilo,Hawai'i 96720 (808)961-8155 County of Hawai'i General Plan 2045 0, Planning for a Sustainable Future Project Website: cohl2lanning.konveio.com From: Jackson,Maiia To: Dacavanan. Melissa Cc: Andrews.Jessica Subject: FW: Request attendance at Leeward Planning Commission meeting Date: Monday,August 7,2023 8:09:35 AM Attachments: imaae001.ona 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 <Maiia.Jacksonna hawaiicountytgov> Sent: Tuesday,July 25, 2023 9:32:35 AM To: Takiue, Harry H <harry.h.takiuena hawaii.gov>; Keelan,Jane R<iane.r.keelanna hawaii.Rov> Cc: Andrews,Jessica <Jessica.Andrewsna hawaiicount)�.g_ov>; Corpuz, Clifford A <clifford.a.corpuzna hawaii.g_ov>; Camacho, Stacey A<stacey.a.camachona hawaii.gov>; Yamada, Clinton <clinton.yamadana hawaii.gov>; Tiapula, Suzanna L<SuzannaL.TiapulaPhawaiicount�j.g_ov>; Watanabe, Kelsey<Kelsey.Watanabena hawaiicountu.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 alone 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 ld-foot-wide"No Vehicular Access& Planting Screen"easement along the subject property's Mamalahoa Highway frontage. From: neboellcl(�bomail.com To: "Yamada.Clinton" Cc: "Takiue.Harry H"; Katherine A.Garson; "John F. Metzler";"Corouz.Clifford A"; "Camacho.Stacey A" Subject: RE: [EXTERNAL]Applicant: Ka'upulehu Land,LLC Application:State Land Use District Boundary Amendment Petition(PL-SLU-2022-000008)and Change of Zone Application(PL-REZ-22-000039)TMK: (3)6-4-024:027 Date: Friday,August 4,2023 4:45:47 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you very much Clinton, Have a great weekend! Nancy Nancy E. Burns, P.E., LLC 73-1487 Hao Street Kailua Kona, HI 96740 Phone (808) 325-3182 Mobile (808) 960-5896 Email: nebpellcl@gmail.com Please use the following link to upload large files to me: https://www.hightail.com/u/Nancy-E-Burns From: Yamada, Clinton <clinton.yamada@hawaii.gov> Sent: Friday, August 4, 2023 4:34 PM To: nebpellcl@gmail.com Cc: Takiue, Harry H <harry.h.takiue@hawaii.gov>; kgarson@carlsmith.com; 'John F. Metzler' <john@metzlercontracting.com>; Corpuz, Clifford A<clifford.a.corpuz@hawaii.gov>; Camacho, Stacey A<stacey.a.camacho@hawaii.gov> Subject: RE: [EXTERNAL] Applicant: Ka'upulehu Land, LLC Application: State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008) and Change of Zone Application (PL-REZ-22- 000039)TMK: (3) 6-4-024:027 Hi Nancy, Based on the sketch, we do not have an objection to the single commercial driveway at this time. Thanks, Clinton From: nebpellclna gmail.com <nebpellc1PRmail.com> Sent: Friday, August 4, 2023 4:26 PM To: Yamada, Clinton <clinton.yamadaPhawaii.g_ov>; Corpuz, Clifford A <clifford.a.corpuzna hawaii.gov>; Camacho, Stacey A<stacey.a.camachona hawaii.gov> Cc: Takiue, Harry H <harry.h.takiuePhawaii.g_ov>; kgarsonPcarlsmith.com; 'John F. Metzler' <iohnna metzlercontracting com> Subject: RE: [EXTERNAL] Applicant: Ka'upulehu Land, LLC Application: State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008) and Change of Zone Application (PL-REZ-22- 000039)TMK: (3) 6-4-024:027 Hi Clinton, In response to your questions below, I have reviewed the County of Hawaii Planning Department Background Report for the project which included the project description, the conceptual site plans and the traffic study. We have not submitted the revised site plan showing just one commercial driveway to the Planning Commission as we wanted to be sure that DOT concurred that one commercial driveway would be allowed. As discussed, the residential agricultural lots would be accessed via an easement over the adjacent Ishihara Farm Road which already has an existing access onto Mamalahoa Highway. We would appreciate a response as to whether DOT would allow a commercial driveway along the parcel frontage that meets with the approval of DOT and incorporates any required improvements to the State right-of-way. If the zoning is approved, we will work with DOT to incorporate the necessary improvements to the State ROW in the construction plans. Thank you again for taking the time to review this with me and please let me know if you have any additional questions or concerns. Nancy Nancy E. Burns, P.E., LLC 73-1487 Hao Street Kailua Kona, HI 96740 Phone (808) 325-3182 Mobile (808) 960-5896 Email: nebpellclPgmail.com Please use the following link to upload large files to me: https://www.hightail.com/u/Nancy-E-Burns From: Yamada, Clinton <clinton.yamadana hawaii.g_ov> Sent: Friday, August 4, 2023 9:21 AM To: nebpellclna gmail.com; Corpuz, Clifford A<clifford.a.corpuzna hawaii.Rov>; Camacho, Stacey A <stacey.a.camachona hawaii.gov> Subject: RE: [EXTERNAL] Applicant: Ka'upulehu Land, LLC Application: State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008) and Change of Zone Application (PL-REZ-22- 000039)TMK: (3) 6-4-024:027 Hi Nancy, Has the attorney and/or the traffic engineer provided you with previous correspondence and documents for the development? Has any submittal (plans, letters, sketches, etc.) been made to the County Planning Department or Planning Commission of the change in the proposed development for a single driveway access for the commercial development? If not, we will not be able to consider your proposed change in our testimony to the Planning Commission. Thanks, Clinton From: nebpellclPgmail.com <nebpellc1PRmail.com> Sent: Thursday, August 3, 2023 2:25 PM To: Corpuz, Clifford A<clifford.a.corpuzPhawaii.gov>; Camacho, Stacey A <stacey.a.camachona hawaii.gov>; Yamada, Clinton <clinton.yamadana hawaii.gov> Subject: RE: [EXTERNAL] Applicant: Ka'upulehu Land, LLC Application: State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008) and Change of Zone Application (PL-REZ-22- 000039)TMK: (3) 6-4-024:027 Hi Clinton and Clifford, Please let me know if you have any concerns regarding allowing a new driveway access from Mamalahoa Highway for the proposed commercial zoning at TMK 93) 6-4-024-027. Thank you very much, Nancy Nancy E. Burns, P.E., LLC 73-1487 Hao Street Kailua Kona, HI 96740 Phone (808) 325-3182 Mobile (808) 960-5896 Email: nebpellclna gmail.com Please use the following link to upload large files to me: https://www.hightail.com/u/Nancy-E-Burns From: Takiue, Harry H <harry.h.takiuena hawaii.gov> Sent: Thursday, August 3, 2023 12:50 PM To: nebpellclna gmail.com Cc: Corpuz, Clifford A<clifford.a.corpuzna hawaii.gov>; Camacho, Stacey A <stacey.a.camachona hawaii.gov> Subject: RE: [EXTERNAL] Applicant: Ka'upulehu Land, LLC Application: State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008) and Change of Zone Application (PL-REZ-22- 000039)TMK: (3) 6-4-024:027 Hi Nancy—Clinton/Cliff can help you with this . Hi Clinton/Cliff- Please see below email from Nancy and assist her with her driveway access. Thank you, Harry From: nebpellclna gmail.com <nebpellclna gmail.com> Sent: Thursday, August 3, 2023 12:44 PM To: Takiue, Harry H <harry.h.takiuena hawaii.gov> Subject: [EXTERNAL] Applicant: Ka'upulehu Land, LLC Application: State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008) and Change of Zone Application (PL-REZ-22-000039) TMK: (3) 6-4-024:027 Dear Harry, I just received a notification that Jane is no longer with DOT. Please see my email below. I am trying to assist John Metzler in obtaining approval for their proposed rezoning. It is my understanding that DOT's agreement to the installation of a new driveway access to accommodate the commercial zoning is essential to the approval process. If DOT has no objections to a new driveway designed to DOT standards with all required right-of-way improvements to accommodate bicycles and pedestrians, we would appreciate an acknowledgment that DOT agrees that such an access meeting with all DOT requirements would acceptable to DOT. I can be reached at 808 325-3182 or 808 960-5896 should you have any questions. Thank you very much, Nancy Nancy E. Burns, P.E., LLC 73-1487 Hao Street Kailua Kona, HI 96740 Phone (808) 325-3182 Mobile (808) 960-5896 Email: nebpellclPgmail.com Please use the following link to upload large files to me: https://www.hightail.com/u/Nancy-E-Burns From: nebpellclC@gmail.com <nebpellclna gmail.com> Sent: Thursday, August 3, 2023 11:24 AM To: 'Keelan,Jane R' <iane.r.keelanna hawaii.gov> Cc: clifford.a.corpuzna hawaii.gov; stacey.a.camachona hawaii.gov; clinton.yamadana hawaii.gov; harry.h.takiuena hawaii.gov; 'John F. Metzler' <iohnna metzlercontracting com>; kgarsonna carlsmith.com Subject: RE: [EXTERNAL] Applicant: Ka'upulehu Land, LLC Application: State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008) and Change of Zone Application (PL-REZ-22- 000039)TMK: (3) 6-3-024:027 Hi Jane, Sorry it has taken so long to get back to you. The Planning Commission is meeting on August 9th to discuss the rezoning application for TMK(3) 6- 4-024:027 which proposes to rezone the property from Agricultural-5 acre (A-5a) zoning to a Neighborhood Commercial—10,000 square feet (CN-10) zoning district for 2.325 acres of land and from Agricultural-5 acres (A-5a) zoning to Residential Agricultural-0.5 acres (RA-0.5a) zoning district for 3.024 acres of land. An agreement from DOT to allow one commercial access from Mamalahoa Highway is essential for the project approval. The access from the existing Ishihara Farm Road would be used for the residential agricultural lots. As stated below,John Metzler is willing to provide necessary improvements to Mamalahoa Highway to accommodate the commercial driveway. If DOT concurs that one new driveway will be allowed to access the commercial zoned property, we would appreciate a response to this email with DOT's concurrence. I am available to meet tomorrow or Monday afternoon and am available for a conference call Monday 11:00- 12:00 or Tuesday 11:00 to 3:00 should further clarification be needed. Thank you, Nancy Nancy E. Burns, P.E., LLC 73-1487 Hao Street Kailua Kona, HI 96740 Phone (808) 325-3182 Mobile (808) 960-5896 Email: nebpellclC@gmail.com Please use the following link to upload large files to me: https://www.hightail.com/u/Nancy-E-Burns From: Keelan,Jane R<iane.r.keelanna hawaii.gov> Sent: Monday,July 10, 2023 11:26 AM To: nebpellclna gmail.com Subject: RE: [EXTERNAL] Applicant: Ka'upulehu Land, LLC Application: State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008) and Change of Zone Application (PL-REZ-22- 000039)TMK: (3) 6-3-024:027 Hi Nancy, Are you available on Wednesday, 7/19 at 9:OOam-10:OOam? Thank you, Jane From: Takiue, Harry H <harry.h.takiuena hawaii.g_ov> Sent: Monday,July 10, 2023 9:19 AM To: nebpellclna gmail.com; Yamada, Clinton <clinton.yamadana hawaii.gov>; Keelan,Jane R <iane.r.keelanna hawaii.gov> Cc: 'John F. Metzler' <iohnna metzlercontracting com>; Corpuz, Clifford A <clifford.a.corpuzna hawaii.gov>; Camacho, Stacey A<stacey.a.camachona hawaii.gov> Subject: RE: [EXTERNAL] Applicant: Ka'upulehu Land, LLC Application: State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008) and Change of Zone Application (PL-REZ-22- 000039)TMK: (3) 6-3-024:027 Hi Nancy—thank you for reaching out. Let's meet with my permits staff to discuss engineering solutions. Hi Jane—please set up a meeting with Clinton, Cliff and Stacey and Nancy. Thanks, Harry From: nebpellclna gmail.com <nebpellclna gmail.com> Sent: Friday,July 7, 2023 7:39 AM To: Takiue, Harry H <harry.h.takiuena hawaii.gov> Cc: 'John F. Metzler' <iohnna metzlercontracting com> Subject: [EXTERNAL] Applicant: Ka'upulehu Land, LLC Application: State Land Use District Boundary Amendment Petition (PL-SLU-2022-000008) and Change of Zone Application (PL-REZ-22-000039) TMK: (3) 6-3-024:027 Aloha Mr. Takiue, My name is Nancy Burns, and I am a civil engineer. John Metzler asked that I reach out to you to set up a meeting to discuss the access issues for TMK (3) 6-3-024:027. 1 have reviewed the background report on the project including your letter dated March 23, 2023. We would like to discuss engineering solutions to the issues you raised. In speaking with John, he has indicated that the project can be redesigned so that only one access for the proposed commercial development is required. He is also willing to provide sidewalks and bicycle lanes meeting DOT specifications. According to the FHWA's Bikeway Selection Guide dated February 2019, research shows that continuous paved shoulders and bicycle lanes act essentially the same in terms of operation as bike lanes. There is already an existing paved shoulder which can accommodate bicycles but there is no sidewalk for pedestrians. The project could construct a sidewalk along the property frontage meeting with the requirements of the State DOT. It is my understanding that the Mamalahoa Highway is already striped with a center lane for left turning vehicles along the property frontage so no additional work would be required to provide the left turn lane for a commercial driveway. The driveway access would be designed with appropriate radii for the project design vehicles and the internal traffic circulation would be designed to minimize impacts to the State Highway. The project design is very preliminary so altering the design to meet DOT requirement can be easily accommodated. Once approval of the Land Use and Zoning is obtained, we will work closely with the DOT to meet State DOT conditions of approval. The County Planning Commission meets on July 20th and we would like to meet prior to that date. Please let me know when you are available to meet either in person or via telephone or video conference. Thank you very much, Nancy Nancy E. 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