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

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determination for the Special Management Area Permit, again, given that the project is likely to exceed the 500,000-dollar threshold. Kona CDP designates the area within the Kona Urban Area. You can kind of see the small red line here and further mauka encompasses the Kona Urban Area. Here's two aerial photographs of the subject parcel: On the upper left just showing the subject property bounded in purple and the adjacent residential subdivisions and agricultural subdivisions, so you can see single-family residential uses here, as well as farm dwelling uses and some farm uses in the Ho`omalu Subdivision; on the lower right we've got a blown-up picture of the subject property, again, bounded in purple, access coming from Kona Sea View, pardon me, Sea View Circle, as well as you can see Ho`omaluhia Drive here. The driveway access is across, from Ho`omaluhia Drive across the Judd Trail is generally in this area. On the subject property you'll see the existing dwelling, and this is the unpermitted yoga deck here attached to the existing dwelling. We've got an additional farm dwelling that was built without a permit here. The applicant is in the process of demolishing that. We are requesting a demolition permit to take that out. There were four other unpermitted structures up along the backside of the property here, two bungalows for lack of a better term and then two tent decks where covered and, tents were erected for retreat participants. Also, we've got the barn here that we talked about earlier. The property does have some agricultural use on it in a form of fruit trees and the trees for trading religious prayer beads. Here is the applicant's site plan. Again, this is kind of flipped a little bit, but we've got Sea View Circle here coming to the top of the property and Ho`omaluhia Drive here. You can see the Judd Trail indicated here in the dash line. And we've got the entering way for the driveway here across the area, again, showing the existing dwelling that is being proposed for the residential yoga ashram, the unpermitted yoga deck connected, and the additional farm dwelling that is in the process of being removed. Sorry, I failed to mention on the other one that there is also a shrine gazebo here in this area, and you can see driveway and parking area here. Adjacent to the right of the existing dwelling is the proposed location of the new ashram temple facility and, again, some, you know, showing trees and landscaping as well. I should mention, you know,there was question about legal access over the Judd Trail throughout the process. We've got a comment letter from the Department of Land and Natural Resources, Land Division, indicating that there was no record that there was ever an access easement that was executed across the Judd Trail in this area. Upon further research, we found that that was based on a requirement within the Board of Land and Natural Resources sale of eight access easements across the Judd Trail, which indicated that there was a requirement that the applicant at the time, Nahona Partners, or any successors or assigns, be responsible for complying with preservation measures that would be required by SHPD. As after the first phase of the subdivision was granted, unfortunately Nahona Partners dissolved as a business, and we were unable to follow through with those easements. And, as it currently stands, SHPD is determining what those preservation requirements will be. Also, as part of this, we researched the access along Ho`omaluhia Drive and found that unfortunately again there was no access easement that was approved for the applicant across Ho`omaluhia Drive. 4 EXHIBIT E