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CARLSMITH BALL LLP <br />A LIMITED LIABILITY LAW PARTNERSHIP <br />December 23, 2020 <br />VIA HAND DELIVERY <br />Zendo Kern <br />Planning Director <br />County of Hawaii Planning Department <br />74-5044 Ane Keohokalole Highway, Bldg. E <br />Kailua-Kona, 96740 <br />Attn: Rosalind Newlon <br />RE: Application for Design Review - Perimeter Safety Fencing <br />Project: Niumalu Marketplace <br />Owner: Kona Owner LLC <br />TMK: (3) 7-5-004:007 <br />Dear Mr. Kern: <br />Our firm represents Kona Owner, LLC ("Kona Owner"), the developer of the Niumalu <br />Market Place in Kailua-Kona (the "Project"). This will just follow up on prior discussions <br />initiated with the former Planning Director and Kona Planning staff on the need for installation <br />of perimeter safety fencing at the Project to mitigate potential fall risk hazards. <br />Just for your background, in early 2018, Linda Schatz of the Schatz Collaborative LLC <br />(acting on behalf of Kona Owner) applied for and obtained design review approval from the <br />Kailua Village Design Committee ("KVDC") for Phase 1 of the Niumalu Market Place project, <br />covering Buildings 1 through 6, Buildings 10, 14, and 15, including the former Pavilion, and <br />trellis work needed for Buildings 2 through 5. Our client obtained subsequent Final Plan <br />Approvals from the Planning Department for Phase 1 of the Project, which allowed the <br />processing and approval of the necessary permits to commence with construction of the Project. <br />Schatz Collaborative, LLC and our firm have appeared before the KVDC on behalf of Kona <br />Owner on number of issues over the past few years, including the plans to eliminate the Pavilion <br />for replacement with a more appropriate "gathering place" for the Project, the design of the <br />Safeway Fuel Center and Convenience Store, and a Master Sign Variance for the Project, among <br />other things. <br />In the time since our last public hearing before the KVDC in 2019, we are happy to report <br />that the Phase 1 development recommended for approval by the KVDC is nearing completion, <br />HONOLULU HILO KONA MAUI <br />4825-6520-1619.1.069084-00001 <br />