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HomeMy WebLinkAbout2025-08-18 Applicant's Response to Agencies Comments Re'd at 7mtg by aimed Read FTLB COPY Daryn Arai Land Use Planning Consultant August 18, 2025 Mr. Jeffrey Darrow, Planning Director County of Hawai`i Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Director Darrow: Subject: Response to Agencies' comments regarding Special Management Area Use Permit Application PL-SMA-2025-000078 Applicants: Pono Cann and Michele Sasaki-Cann TMK -2-7-015:007; Pauka`a, South Hilo, Hawai`i This letter will respond to comments received,to date, from consulting agencies that have reviewed the above-described request. We appreciate these agencies' comments being provided to the Applicant. Office of Planning and Sustainable Development (OPSD)—letter dated August 13, 2025 The Applicants offer their response to each of the comments offered by OPSD as recited below: 1. The General Plan Land Use Pattern Allocation Guide (LUPAG) map suggests the subject property be retained for Open uses. The County of Hawaii Planning Department should respond to the applicant' s request that "the Planning Director interpret the subject property as being situated within an area destined for Low Density Urban uses." Applicants' response: As discussed with the SMA Application beginning on Page 8, the County of Hawaii General Plan is the policy document for the long-range comprehensive development of the island of Hawaii. The General Plan Land Use Pattern Allocation Guide (LUPAG) map suggests the subject property be retained for OPEN uses (see Figure 7-General Plan LUPAG Map). However, the LUPAG map was not designed to be specifically measurable and instead be a broad-brush description of desired land use patterns. With the advent of technology such as Geographic Information System (GIS), the LUPAG map has been digitized into measurable patterns, even if it was not intended to do so. As Honoli`i Pali Tract subdivision was in existence about 20 years prior to the adoption of the first General Plan in 1971, the use of the property for the past 72 years as a single-family residential homesite, and with the presence of an extensive area of Low Density Urban uses immediately adjacent to the subject property, the Applicant requests P.O. BOX 4501,1111,0 11:AW\I 196720 PI IONl'::(808)895-3218 I.NI.A II,: 1).ARYN ,AR:AI riOUl'1_OOK.0011 Mr. Jeffrey Darrow, Planning Director County of Hawaii Planning Department Page 2 of 5 August 18, 2025 that the Planning Director interpret the subject property as being situated within an area destined for Low Density Urban uses. OPEN 0 + Q 0 3 9 = r i I i S SUBJECT PROPERTY 0 0 m v OPEN COMAE R'VAf ION Figure 7—General Plan LUPAG Map 2. The application,page 6, states that the anticipated construction cost is approximately $470, 000. OPSD recommends that the County Planning Department assess and determine whether a SMA Use Permit will be required for construction of the proposed single-family residence, pursuant to Hawaii Revised Statues (HRS) §205A-22, as amended. Applicants' response: In compliance with Hawaii Revised Statues (HRS) §205A-22, as amended, the Applicants provided both the OPSD and the County Planning Department with an SMA Use Permit application for the proposed demolition of the existing 72-year old single-family dwelling and its replacement with a new single-family dwelling. OPSD offers their comments in direct response to their review of this SMA Use Permit application. Mr. Jeffrey Darrow, Planning Director County of Hawaii Planning Department Page 3 of 5 August 18, 2025 3. A certified shoreline survey of the subject property was issued on August 13, 2024, by the Board of Land and Natural Resources. The applicants should recognize that the shoreline setback line, which may be more than minimum 40 feet inland from the certified shoreline on the subject site, shall be determined by the County Planning Department. Applicants' response: The Applicants believe that this final determination regarding the extent of the shoreline setback lies with the Windward Planning Commission, who will ultimately determine the outcome of the Applicants' SMA Use Permit application. 4. The applicant shall ensure no proposed structures and construction activities, including staging areas, will occur within the shoreline area as determined by the County Planning Department. OPSD recommends that the applicant be required to place and maintain stakes and flags at the location of the shoreline setback line during the construction, and these stakes and flags shall be clearly visible for the purpose of inspection and monitoring. Applicants' response: The Applicants have no objections to the OPSD recommendation that the Applicants be required to place and maintain stakes and flags at the location of the shoreline setback line during the construction, and these stakes and flags shall be clearly visible for the purpose of inspection and monitoring. In fact, such physical delineation of the shoreline setback area during construction was presented by the Applicants in their SMA Use Permit application. 5. All exterior lighting and lamp posts associated with the proposed residential development shall be cut-off luminaries to provide the necessary shielding to mitigate potential light pollution in the coastal areas, and lessen possible seabird strikes. No artificial light, except as provided in FIRS §205A-30.5(b), shall be directed to travel across the property boundaries toward the shoreline and ocean. Applicants' response: The Applicants have no objections to the OPSD recommendation that all exterior lighting and lamp posts associated with the proposed development shall be cut-off luminaries to provide the necessary shielding to mitigate potential light pollution in the coastal areas, and lessen possible seabird strikes. Furthermore, no artificial light,except as provided in HRS §205A-30.5(b), shall be directed to travel across the property boundaries toward the shoreline and ocean. Department of Health - memo dated July 21, 2025 The Applicants acknowledges the comments offered by the Department of Health regarding standards and requirements relating to dust control, water quality, mitigating excessive noise and the effects of hazardous substances, wastewater and solid waste. Mr. Jeffrey Darrow, Planning Director County of Hawai`i Planning Department Page 4 of 5 August 18, 2025 In its application,the Applicants noted that the demolition of the existing dwelling will cause some related noise impacts upon adjoining properties. The Applicants and their contractors will apply best management practices and common sense when undertaking the demolition work, such as limiting demolition activities to daylight hours only with appropriate dust and runoff control measures implemented. All material from the demolition process will be promptly relocated to approved disposal or recycling facilities on a frequent basis, so as to not be subject to the whims of the elements. The Applicants also discussed the small and limited scale of this project that will further manage the effects that activities and improvements upon these lands will have upon coastal ecosystems. The Applicants will comply with all applicable government regulations to mitigate the effects of the project upon coastal resources, such as prompt disposal of demolition- and construction-related material, property erosion and sedimentation control, air quality management and the effects of excessive noise. The Applicants understand that they are located within an established residential community surrounded by neighbors. The Applicants have been good neighbors and were one of the first families to move into Honoli`i Pali Tract subdivision, and will be responsible in how they and their contractors proceed with the demolition and construction activities. All solid waste is and will be properly disposed of in accordance with all applicable government regulations. Wastewater disposal via the County's sewer system has served this property for many decades, and will continue to do so upon completion of the new single- family dwelling. Planning Department-Long Range Division—email dated August 11, 2025 The Applicants appreciate confirmation by the Planning Department's Long Range Division that the proposed project, as presented by the Applicants, is consistent with the 2018 Hamakua Community Development Plan (CDP) by maintaining the area's low-density residential character that is consistent with the general land use policy intent and key themes of the CDP, including Community Objective 2: "Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hamakua's rural character. "The Division also recognized that the CDP emphasizes concentrating residential development within existing villages and towns while preserving large areas of productive agricultural lands for agricultural use. Department of Water Supply - memo dated August 12, 2025 The Applicant acknowledges the confirmation from the Department of Water Supply (DWS) that the subject property is currently serviced by an existing 5/8-inch meter that is limited to an average daily consumption of 400 gallons per day. The proposed new single-family dwelling will not exceed the average daily consumption capacity of this existing water meter. Mr. Jeffrey Darrow, Planning Director County of Hawai`i Planning Department Page 5 of 5 August 18,2025 Police Department- memo dated July 21, 2025 The Applicant notes that the Police Department finds that the proposed demolition of the existing single-family dwelling and the construction of a new single-family dwelling on the subject property will not have a significant impact upon traffic and/or public safety concerns. We hope that we have adequately responded to comments offered by the respective agencies. Please feel free to contact me should there be any questions or need for additional information. Sincerely, ,/,.<4:x%.QL. DARYN ARAI Land Use Planning Consultant cc via email: Applicants Pono and Michele Cann