2020-02-20 Leeward Exh E (SMA 19-074 & SPP 19-210)

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be provided within the proposed six guest bedrooms. In the near term, the applicant has represented a desire to continue a meditation practice on Monday evenings for about 14 church members at the proposed residential ashram, or within the existing dwelling. Please note, in our reports we said three evenings a week, because other correspondence had represented that meditation practice for church members occurs Mondays, Thursdays and Fridays, specifically around the traffic studies. So that's why that was in there, but there seem to be some differentiation. Stated reasons for the request as the subject Special Permit request was filed in response to a Planning Department warning letter for a possible Zoning Code violation for allegedly operating an unpermitted, non-agricultural yoga training business in an Agricultural zone and providing overnight accommodations to yoga students without a Special Permit; the applicant countered that they were operating a residential yoga ashram and providing Hindu/Buddhist religious church services, which included yoga instruction and overnight accommodations to yoga students as part of the practice. In any case, churches, residential yoga ashrams and yoga instruction with overnight accommodations are not permitted within the State Land Use Agricultural District, and thus require a Special Permit to operate. As the subject property is situated within the Special Management Area and the valuation of the proposed project would likely exceed 500,000 dollars valuation threshold, the Director determined that an SMA Use Permit application was required. According to the applicant, all public uses of the property have ceased while they are going through the required Special Permit/SMA Use Permit application processes. The County zoning for the subject property and much of the surrounding area is Agricultural-5 acres as indicated within the green color. The Kona Sea View Subdivision is Single-Family Residential, as well as some Multiple-Family Residential and Commercial up by the highway. Across Kuakini Highway is more Single-Family Residential and Agricultural zoning. I should point out,too,that the applicants represented that they would be taking access both off of Sea View Circle, as well as off of Ho`omaluhia Drive, which is a private road across several private properties in an easement, as well as this small narrow parcel here is the 15-foot wide Judd Trail alignment, and the applicant crosses that to get to their property from the backside, from the Ho`omaluhia side. The State Land Use designation for the subject property and much of the surrounding area is Agricultural as indicated in green. And as indicated in red is Urban, more consistent with the Single-Family Residential zoning. The LUPAG designation for the subject property and much of the surrounding area is Urban Expansion. A portion of it is within the Low Density Urban designation and then, again, consistent with the Commercial and Multiple-Family Residential is Medium Density Urban as indicated in the burnt orange color. The subject property is fully within the Special Management Area as indicated by the red thatching. In this area, it goes from Kuakini makai down to the shoreline. Again, that's why the 3 EXHIBIT E