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Home My WebLink About2021-06-21 Orlin Reinbold Testimony LATE COH PLANNING DEPT JUN 16 2021;'M2 1 June 2, 2021 REVD BY MAIL Leeward Planning Commission 101 Pauahi St., Suite 3 Hilo, HI 96720 RE: Applicant: Jekaterina Mysin (SMA 21-000078) Dear Commissioners: This letter is submitted as an objection to the application for a Special Management Area Use Permit for the property located at 75-6150 Alii Drive, Kailua- Kona, HI 96740. I represent the owner's of 75-6138 Alii Drive, Kailua-Kona, Hi. Their property is within 300 feet of the proposed development and is comprise of a single story residence. In the original notice sent in May the application provided building plans, in the latest mailing the applicant failed to provide plans other than the site plan. We are not able to comment on an incomplete disclosure of information with regards to the building,therefore the application should be rejected as having not met the requirements for informing the neighboring properties. The site plan fails to show an exterior details,mass, overhangs, lanais or other features that are critical to this application. Nevertheless,we make the following additional objections to the application: I.) The proposed entry gate would be putting cars waiting at the entry to the subject property across the bike/walking path as well as in the street blocking traffic. This would create a dangerous condition for drivers, bicyclists and pedestrians. The setback from Alii Drive needs to be increased by at least 15' from what is presently shown on the plan so that it meets basic safety requirements. 2.) The plans submitted violate Section 25-5-36 of the zoning ordinance in that it fails to provide of the required 18' minimum side yard setback for a 5 story building. It also violates the minimum rear yard setback of 20'. It should be noted that the site plan as submitted appears to show a hashed line on the set back but the dimension is either not shown or misrepresented. Scaled drawing is obviously incorrect in showing setbacks required by the code. 3.) A 5 story building is totally out of character for this section of Alii Drive. The proposed massive box-like structure would block views and leave it looking like Urban Core type structure. This is wholly inappropriate for Alii Drive. Notably, it is surrounded by single story and two-story modest structures. The commission is required by Section 25-2-65 (2) of the zoning ordinance to consider the following: "(2)The granting of the proposed use shall not be materially detrimental to the } 4244 " (10 M1 public welfare nor cause substantial,adverse impact to the community's character, to surrounding properties." Clearly, a five-story box-like structure negatively impacts the"community's character" in particular impacting the surrounding properties which are modest one and two-story properties in the same zone. Special attention should be paid to design which puts windows in the new structure looking down into neighboring properties, thus interfering with privacy and creating glare off windows and unwanted light during nighttime hours which would impact negatively the present dark sky conditions in and around this area of Alii Drive. Given that Alakala is a public beach, we are not aware of any public beach on the Kona coast that would have such an imposing 5 story structure looking down at the public. The commission also needs to consider the daylight plane impact of a 5 story structure on neighboring properties. The"minimum" setback might be appropriate in some RM 1.5 zones, however, where it is close to a public beach and neighboring modest 1 and 2 story structures the commission must require greater setbacks and orientation of windows away from neighboring properties. 4.) Section 25-5-37 requires the applicant to dedicate a minimum of 20%of the lot surface area to landscaping. The present plan does not have sufficient detail to show that it meets this requirement and therefore should be rejected. The plan proposes to convert over 80%of the lot to impervious surfaces, this violates good building and land use practices as it creates run off into storm drains or the ocean of contaminants and prevents natural percolation of rainwater. This is especially harmful in the coastal zone where it would be prudent to require more than the minimum lot area to be landscaped for ecological reasons. The swimming pool at the rear and surrounding paved areas(not shown on the plan) are not"landscaping" within the letter or spirit of the zoning code. 5.) The proposed improvement fails to provide parking for persons with disabilities and therefore fails to meet the requirements of Section 25-4-55 of the zoning ordinance. As shown the van accessible space does not meet the standard. It is not permitted to have car/van doors open into a wall. The space fails to provide for the minimum width required by the code. 6.) Enclosed parking spaces such as the ones shown surrounded by three walls underneath the building require a minimum width of 10 feet. The space at the rear would require the driver to back over 25 feet in a straight line in order to begin a three point turn to exit. This makes the parking spaces functionally unusable. Parking as shown by the front wall is way to crowded making use of these spaces functionally impossible as occupant would not be able to exit their cars after parking. The standard space is against a wall, and then is adjacent to small compact spaces. One compact space passenger would have to exit into a planter. Drivers and passengers would not be able to exit their vehicles with three cars parked there. Y `wi 7.) Mailboxes as shown are placed on public property. The mail carrier cannot stop or park on Alii Drive. Mailboxes must be located on the site where the carrier can drive in,park and deliver mail. 8.) No access for trash company to remove trash. Drawing shows an inadequate amount of space for containers required for trash,recycling and green waste. 9.) The constructability of a 5-story building within the height restriction is highly unlikely, if not impossible. Design shows no room for insulation between floors or a roof system,and no room for mechanical. Lines on a piece of paper are meaningless as they are not showing the true dimensions of the structure. I urge the commission to reject the applicant's proposal on the grounds that it is violates the zoning ordinance and is out of character for this area of Kona coast and is therefore a material detriment causing an adverse impact to the neighbors and the community at large. Sincerely, QNa 4,: \\ ;E.C.,. ?),. ' ' ;-d (=;t A LA E i r' A 4 r 3 4 ►s (k\ 4a 3 a1Ci ...__.3 b M O OA =a' C a Im 30 b ; 023 o ui ' C Co O o"4' = vii e 1 SHIP DATE: 12JUN21 a ORLINla NREINBOLD (509) 995-0119 ACTWGT: 0.15 LB tt CAD: 6994162/SSFE2202 — 1960 E OVERBLUFF RD cnin BILL CR CARD UNITEDESTATES9US3 \ TO LEEWARD PLANNING COMISSSION 101 PAUAHI ST STE 3 N N HILO HI 96720 4999)999-9999 REF: NU: Dl: - I III IIII I IUI I I III I IIIII 11111111111131111111 IIIIIII 111111111111111113 C iitd FeExpress all Ifigniii ,i __________ ___ ______________ • TUE — 15 JUN PM 2803188 ** 2DAY ** . oto"I 9 3951 96720 SA I TOA HI—US HNL