2019-08-15 Leeward Exh A (SLU 19-052 & SMA 19-072)

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housing apartment building, 24 market-rate units within an eight-unit apartment building and a 16-unit apartment building, a community room, fitness center, swimming pool, tennis court, playground with pavilion, landscaping, on-site parking, and on-site public use parking stalls for access to the Magic Sands Beach on approximately 8.814 acres of land situated in the Special Management Area. The property is located at 77-6439 Alii Drive, on the mauka side of Alii Drive across from Pahoehoe Beach Park, about 450 feet south of the Ho`omaluhia Drive-Ali`i Drive intersection, Kaumalumalu, North Kona, Hawaii, TMK: (3) 7-7-004:063. So the first order of business, the Planning Department did receive a petition for standing from a hui, so the first order of business for the Commission is to hear the petition for standing, then the Commission, after the, after the process, the Commission will be making a ruling either for to grant the petition for standing in a contested case hearing for these two agenda items or to deny it. So we are going to first start with that. The Commission will be guided by Planning Commission Rule 4-6(a) and (b)to determine whether these petitioners have standing or not. Rule 4-6(b), among other things, states that the petition, if the petitioner meets one of four of the following qualifications: A. His or her interest is clearly distinguishable from that of the general public; or B. The petitioner is a government agency whose jurisdiction includes the land involved in the subject request; C. That the petitioner has some property interest in the land or lawfully resides on the land; D. That even though they do not have an interest different from the public generally, that the proposed action will cause them actual or threatened injury in fact; or—and then finally— E. Persons who are descendants of native Hawaiians who inhabited the Hawaiian islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural or religious purposes. So, the process will be we'll start with the Planning Department presentation, then call up the applicant, the Planning Director and the petitioners. We'll then have public testimony, and at that point then the Commissioners will, will make their motions. So let's go ahead and start at this time with the presentation from the Planning Department. JACKSON: Thank you, Chair Unger. Good morning, everyone. So, as Chair Unger stated,the applications before you are a State Land Use District Boundary Amendment and then a Special Management Area Use Permit application. The applicant is Kulani View LLC. The subject property is located in the North Kona District,just mauka of Pahoehoe Beach Park, and you can see Alii Drive runs along the coast here, and then the Alii, the future Alii Parkway right-of-way makes up the mauka boundary of the property, which is outlined in black. This is a closer view of the property. You have Ho`omaluhia Drive to the north, La`aloa Avenue is this road here that curves to the south and meets up with Alii Drive, and then this green area along the coast here is the Pahoehoe Beach Park, and then further south you have the La`aloa Beach Park. The property is currently zoned Agricultural, which is shown in the green. 2 EXHIBIT A