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HomeMy WebLinkAbout2026-06-15 Applicant's Condition Amendment Request (PL-REZ-2026-000099) Info Given at LPC 6-18-26 Meeting Item #5 Jacqueline Visser, Hanale Visser, and Gilbert Visser (PL-REZ-2026-000099) 2026-06-15 Applicant's Condition Amendment Request PO Box 421 Honokaa, HI 96727 (808) 333-3391 June 15, 2026 Mr. Jeffrey Darrow, Planning Director Planning Department, County of Hawaiʻi 101 Pauahi Street, Suite 3 Hilo, Hawaiʻi 96720 RE: Proposed Amendments to Conditions of Approval Change of Zone Application (PL-REZ-2026-000099) Applicants: Jacqueline Visser, Hanale Visser, and Gilbert Visser Waimea, South Kohala, Hawaiʻi, TMK: (3) 6-4-018:030 Dear Director Darrow: We are in receipt of the Planning Department’s Recommendation Report on the above- referenced application and appreciate the hard work of the Department and the favorable recommendation. We have also reviewed the comments submitted by the Department of Public Works, Engineering Division, dated June 12, 2026. In reviewing the proposed conditions of approval alongside the agency comments, we identified two conditions that we believe warrant reconsideration. We respectfully request that the Planning Department and Planning Commission consider the following proposed amendments to Conditions B and D: Condition B – Water System Improvements / Fire Hydrant Installation Condition B is currently proposed as follows: The Applicant shall construct necessary water system improvements as required by the Department of Water Supply (DWS), which include, but may not be limited to, the installation of a fire hydrant spaced no more than 600 feet apart and within 300 feet of the driveway or access to the lot. The applicant respectfully requests that the fire hydrant installation requirement be removed from Condition B, or in the alternative, that the condition be modified to allow for a proportionate alternative fire protection approach in consultation with DWS and the Hawaiʻi County Fire Department. The applicant offers the following in support of this request: First, a review of White Road indicates that no fire hydrants are currently installed along the entire length of the road. Imposing a fire hydrant installation requirement on this two-lot subdivision would effectively require the applicant to fund public fire protection infrastructure that does not presently exist anywhere along White Road, infrastructure that has not been required of any other property along the road. Second, the proposed subdivision is minimal in scale. The subject parcel totals 2.397 acres and is proposed to be divided into only two lots, each exceeding one (1) acre in area. The low-density, rural agricultural character of this subdivision is not consistent with the level of fire protection infrastructure typically associated with higher-density residential or commercial developments. Third, no other water system improvements are required to complete the subdivision. The property is already served by an existing 6-inch waterline within White Road and two existing 5/8-inch water meters. Fire hydrant installation would be the sole water infrastructure improvement required. Fourth, the cost of fire hydrant installation, including excavation, trenching, pipe work, hydrant hardware, engineering, and easement conveyance, would represent a financial burden grossly disproportionate to the scale of a two-lot rural agricultural subdivision intended to provide independent housing opportunities for the applicant’s family. Such costs undermine housing affordability without a clear public benefit. In lieu of fire hydrant installation, the applicant proposes to coordinate with DWS and the Hawaiʻi County Fire Department to identify a fire protection approach proportionate to the rural agricultural character and minimal scale of this subdivision, which may include on-site water storage with approved fire department connections. The applicant is committed to working cooperatively with all applicable agencies to achieve a reasonable outcome. Proposed Amended Condition B: Prior to Final Subdivision Approval, the Applicant shall coordinate with DWS and the Hawaiʻi County Fire Department to identify and implement a fire protection approach proportionate to the rural agricultural character and scale of the subdivision, which may include, but is not limited to, on-site water storage with approved fire department connections, in lieu of fire hydrant installation. Condition D – White Road Pavement Widening Condition D is currently proposed as follows: The applicant shall provide improvements along the property’s White Road frontage consisting of, but not limited to, widening the existing pavement to achieve a minimum twenty (20) foot paved roadway width, meeting the approval of the Department of Public Works. Such improvements shall be completed prior to Final Subdivision Approval, or when otherwise required by the Department of Public Works, whichever occurs first. The applicant respectfully requests that Condition D be amended to remove the pavement widening requirement and replace it with: (1) creation of a ten (10) foot wide road widening easement along the property's White Road frontage, as requested by the Department of Public Works in its comments dated June 12, 2026, which the applicant accepts as a reasonable condition; and (2) a fair-share contribution toward future roadway improvements when such improvements are formally proposed and funded by the County of Hawaiʻi. The applicant offers the following in support of this request: First, White Road is currently approximately ten (10) feet in width along its entire length. Requiring the applicant to widen its individual frontage to twenty (20) feet in isolation would create an inconsistent and discontinuous road condition, a brief segment of widened pavement amid an otherwise narrow rural road. Such an improvement would be out of place, would disrupt the existing character of the neighborhood, and would provide no meaningful public benefit. Second, the subject property is located over 2,300 feet from the intersection of White Road and Mamalahoa Highway. Widening a single frontage at this distance from the highway does not improve circulation, traffic flow, or access in any meaningful way. The improvement would be a stranded investment until the entire length of White Road is brought to a consistent standard. Third, the cost of pavement widening, including grading, base course preparation, paving, drainage improvements, and associated engineering, would represent a significant financial burden that is disproportionate to the impact of a two-lot subdivision on the public roadway system. Conditions of this nature make the development of housing more expensive and can render otherwise viable projects economically infeasible. Housing affordability is a stated priority of the County of Hawaiʻi, and infrastructure cost impositions of this type work against that goal. The dedication of a road widening easement, by contrast, is a reasonable and proportionate measure. It preserves the County's ability to widen White Road in the future without placing the full cost of premature and piecemeal improvement on a single small subdivision. The applicant is prepared to dedicate the easement as part of the subdivision process and to contribute its fair proportionate share toward future road improvements when the County formally undertakes them. Proposed Amended Condition D: The Applicant shall create a ten (10) foot wide road widening easement along the property's White Road frontage to the County of Hawaiʻi, meeting the approval of the Department of Public Works, prior to Final Subdivision Approval. In lieu of constructing frontage improvements prior to Final Subdivision Approval, the Applicant shall contribute a proportionate fair share toward future improvements to White Road when such improvements are formally proposed and funded by the County of Hawaiʻi. The amount and timing of such contribution shall be determined by the Department of Public Works in coordination with the Applicant at the time improvements are proposed. We trust that the foregoing is sufficient for the Planning Department’s and Planning Commission’s consideration of the proposed amendments. We appreciate the Department’s continued assistance in processing this application. Should you have any questions or require additional information, please do not hesitate to contact me directly. Sincerely, JOHN PIPAN Planning Consultant Pipan Consulting LLC