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HomeMy WebLinkAbout2025-05-12 Applicant's Response to PD Recommendation Report for PL-SMA-2025-000072 (Boaz LLC) From: Kim Chiodo To: LPCtestimony Cc: Darrow.Jeff; Planning Internet Mail; Roy.Alex;John Pioan Subject: Response to Planning Director"s Recommendation Report for PL-SMA-2025-000072(Boaz LLC) Date: Monday, May 12,2025 3:55:45 PM Attachments: Boaz SMA-Transmittal re PD Conditions.odf Aloha, Please see the attached response to the Planning Director's recommendations for the subject application. Thank you, Kim Chiodo Project Manager Land Planning Hawaii 194 Wiwoole St, Hilo, HI 96720 (808) 333-3393 (office) (808) 333-3576 (direct) kim(@landplanninahawaii.com LANUO * PLANNING HAWAII LLC This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. LAND' :y 194 Wiwoole St. Hilo, HI96720 PLANNING t* (808) 333-3393 HAWAII LLC info@landplanninghawaii.com May 12, 2025 Leeward Planning Commission County of Hawaii Dean Au, Chair 101 Pauahi Street, Ste 3 Hilo, HI 63420 Subject: Comments Regarding Planning Department Recommendation Report RE: Special Management Area Use Permit(PL-SMA 2025-000072) To Construct a Four(4) Story,Thirty-Four(34) Unit Condominium Building with Pool, Shoreline Access, and Related Improvements Applicant: BOAZ LLC Location: Kailua-Kona,North Kona,Hawaii,TMK: (3) 7-5-020:021 Dear Chair Au and Leeward Planning Commissioners, Our client has received and reviewed the Planning Department's Background and recommendation reports. We appreciate the Planning Director's positive recommendation and the time and consideration the Planning Department put into reviewing this application and preparing their recommendations. The applicant would like to request a slight revision to one of the Planning Director's recommended conditions. Condition 12 prohibits any vegetation removal, land alteration or construction within the shoreline setback area, unless approved by this permit. The applicant requests to amend this condition to clarify that vegetation removal, land alteration or construction within the shoreline setback area shall be prohibited unless approved by this permit or another applicable County provision, specifically a minor structure/ minor activity determination issued from the Planning Director or a Shoreline Setback Variance issued from the Planning Commission. Per the Planning Department Rules (Rule 11), a minor structure or activity may be permitted within the shoreline setback area should the Planning Department determine that it would not affect beach processes or artificially fix the shoreline and would not interfere with public access or public views to and along the shoreline. Such minor improvements could include things like safety improvements, landscaping and minor clearing of vegetation. Furthermore, Planning Commission Rules (Rule 8), establishes criteria and procedures for review of activities or structures proposed within the shoreline setback area and the process by which the Planning Commission may grant approval of a shoreline setback variance for such activities or structures. While the applicant does not intend to make any improvements or alterations within the shoreline setback area, the purpose of the proposed amendment to Condition 12 is to bring the condition into alignment with the aforementioned Rules by identifying the legal means by which improvements could be made within the shoreline setback area should they be deemed necessary at some future point. The applicant's proposed amendment is as follows: LAND' :y 194 Wiwoole St. Hilo, HI96720 PLANNING t* (808) 333-3393 HAWAII LLC info@landplanninghawaii.com Prior to any land alteration on the property and until the time that the approved activity and/or structure is completed and has received final inspection by the Building Division, the Applicant shall have a licensed land surveyor place and maintain stakes and flags at the location of the shoreline and the shoreline setback line, as shown on the approved plans. Stakes and flags shall be placed at intersections with the side yard boundaries and at(appropriate) intervals along the setback line; the stakes shall be clearly visible at all times. No vegetation removal, land alteration or construction shall occur between the shoreline and shoreline setback line unless approved by this permit, approved via a minor structure or minor activity determination by the PlanniW Department, or approved via a Shoreline Setback Variance by the Planning Commission. Otherwise, the applicant is in agreement with the Planning Director's recommended conditions. I trust that everything is in order for your acceptance and processing of this request. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Land Planning Hawaii LLC cc via email: Jeffrey Darrow, Planning Director