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.PD BACKGROUND REPORT (PL-SMA-2023-000038)
B Kona Hawaii SMA 11/23/23 COUNTY OF HAWAI `I PLANNING DEPARTMENT BACKGROUND REPORT KONA HAWAII DEVELOPMENT, LLC SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2023-000038) KONA HAWAII DEVELOPMENT,LLC has submitted the following Application for a Special Management Area Use Permit to develop a 100-room hotel and related improvements using a partially completed foundation structure on a 1.76-acre parcel situated in the Special Management Area. The subject parcel is located at 75-5868 Ali`i Drive, approximately 370 feet southwest of its intersection with Walua Road, Portion of Pua`a 3rd —Wai`aha 2nd, North Kona, Hawaii, TMK: (3) 7-5-018:011. APPLICANTS' REQUEST 1. Proposed Development: The applicant has submitted an application to use the existing foundation, footprint and basement area to develop a three (3) story hotel that includes 91 suites with kitchenette, and nine (9) standard guest rooms (100-rooms total)to be operated as a Residence Inn by Marriott. The proposed suites will consist of two (2) bedrooms, and the site will also include a dining area, an outdoor pool, and a bar. The underground parking area will accommodate 143 parking stalls, that includes handicapped parking and (two) parking stalls with charging stations for electric vehicles. Additional work includes the construction of a 7-foot-wide sidewalk along the property boundary with both Ali`i Drive and Kahakai Road to accommodate pedestrians in the area, and landscaping using native plants and drought tolerant species. 2. Reasons for the Request: The applicant is pursuing this project to complete the partially constructed development while providing accommodations that cater to the specific needs of visitors to Kona as opposed to vacation rentals or Bed&Breakfasts located in residential areas. 3. Timeframe and Cost: The estimated cost of the proposed project is $45,000,000, however, it may vary depending on material, labor, and other related costs. The applicant hopes to begin construction upon issuance of all required permits within the next year (2024). The anticipated construction completion date is mid-2026. -1- 4. Special Management Area: The properties are in the Special Management Area and subject to HRS Chapter 205A objectives and policies. Public Access is available via sidewalks (existing and proposed) located around the subject parcel. As this is not a shoreline parcel, there is no direct access to the shoreline. 5. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — Special Management Area Application dated September 6, 2023). 6. Landowners: DPM Acquisition LLC STATE AND COUNTY PLANS 7. State Land Use District: Urban 8. County Zoning: Resort-Hotel 750 square feet(V-.75). 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map Designation: Resort Node (ren) and Open (0). These areas include a mix of visitor-related uses such as hotels, condominium-hotels (condominiums developed and/or operated as hotels), single family and multiple family residential units, golf courses and other typical resort recreational facilities, resort commercial complexes and other support services. 10. Kona Community Development Plan (KCDP): The Kona Community Development Plan (as amended) was adopted by the Hawaii County Council by Ordinance No. 19-91 on September 18, 2019. 11. Special Management Area (SMA): The subject properties are situated fully within the SMA, however, it is not a shoreline parcel pursuant to HRS 205A. BACKGROUND INFORMATION 12. December 3, 1998: SMA Use Permit 98-7 (SMA No. 388) was approved for the development of a resort condominium/office complex consisting of 48 2-bedroom resort- condo units, commercial and retails space. 13. January 31, 2002: Time Extension was granted by Planning Director to December 13, 2008, for SMA 388. 14. June 6, 2007: Final Plan Approval was issued for a 45-foot-high structure with 20-foot setbacks, 115 parking stalls, and three (3) loading stalls. Pursuant to Plan Approval, building permits were issued for various components, including the foundation slab. -2- 15. September 19,2008: A 2nd Time Extension was granted by the Planning Commission for SMA 388 to December 13, 2013, to complete the project. 16. DPM Acquisition LLC (current owner) acquired the property in 2013. 17. June 9, 2014: A 3rd Time Extension was granted by the Planning Commission for SMA 388 to May 15, 2019. 18. May 22, 2017: A new Final Plan Approval was issued for a 46, 3-bedroom unit condominium. The approved plans were similar to what was approved previously. 19. January 21, 2021: A 4t' Time Extension was granted by the Planning Commission for SMA 388 to January 20, 2026, to complete the project. Since the May 2017 Plan Approval was not completed within two(2)years and hence expired;without further action,the SMA Permit(SMA No. 388) was automatically voided. 20. May 1, 2023: Baywood Dai Inc. entered into a purchase and sales agreement with DPM Acquisition, LLC to complete the project. 21. September 6, 2023: A new SMA Use Permit application was submitted to complete the proj ect. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 22. Description of Property: The project site is located on the makai (seaward) corner of Alii Drive and Kahakai Road, immediately south of the Royal Kona Resort Hotel and north of the Kona Reef Resort Condominium. The property is approximately rectangular in shape, sloping from Ali'i Drive towards Kahakai Road. It is currently developed with a large concrete foundation structure that takes up most of the subject parcel. Security fencing is in place to minimize hazards to pedestrians and alleviate trespassing. Although the foundation, retaining walls, and underground parking structure were properly permitted and inspected, based on a most recent survey, it was discovered that portions of the improved area encroach into the 20-foot front yard setback plus the future 10-foot right-io- way fronting Kahakai Road. As such a variance application will be submitted for approval by the Planning Director. Because the site falls within the bounds of the Kailua Village Special Design District, it may be reviewed by the Kailua Village Design Commission. The site has little to no vegetation or landscaping as the foundation takes up the majority of the subject parcel. -3- 23. Surrounding Zoning/Land Uses: Along the Ali`i Drive frontage, there are resort and resort-related uses and activities surrounding and/or proximate to the subject site. In addition to the Royal Kona Resort Hotel and Kona Reef Condominium, there are also several vacation rental or resort related condominium projects such as Hale Kona Kai, Kona Beach Bungalows, Kona Mansions, and Kona Bill fisher. There are restaurants, commercial offices and retail uses all within 1,000 feet of the subject site. 24. Coastal Hazards and Flood Zone: The subject parcel is located within Flood Zone X which represents areas determined to be outside the 500 year flood plain. The project area is located approximately 125-feet from the shoreline area,therefore there are no anticipated coastal or flood hazards that will significantly impact the project site. 25. Land Study Bureau Soil Rating: The Land Study Bureau overall Master Productivity Rating classifies the soils within the project site as"unclassified". 26. ALISH: The Agricultural Lands of Imporatnce to the State of Hawaii (ALISH)Map does not classify the soils within the project site. 27. Flora/Faunal Resources: The subject parcel has been fully improved and there is little to no vegetation located on site other than introduced vegetation such as Monkey Pod, bougainvillea, and coconut trees. Additionally, as the site falls within a heavily developed urban setting,it does not appear likely thatrare or endangered floral or faunal species would be located on site, and none were observed. 28. Archaeological/ Historical Resources: The site was fully disturbed when the original SMA application(No. 388)was approved in 1998.In a letter dated June 21, 2006, the State Historic Preservation Division(SHPD)provided a determination of"no historic properties will be affected' by the proposed grading of the entire parcel. Subsequently, on March 14, 2019, SHPD confirmed the absence of any studies of the subject parcel, and while SHPD had no objections to the time extensions, they requested an opportunity for review any permits involving ground disturbance. In anticipation of the new SMA application the applicant commissioned an archeological firm to conduct an Archeological Assessment (AA) of the project site. The June 2023 draft AA found "no historical sites or features within the project area". The AA concluded that no further archeological work is recommended. The application and supporting documentation were submitted by the -4- Planning Department to SHPD via their online review portal HICRIS (No. 2023PR01257); to date no response has been received. 29. Cultural Resources: The subject parcel is not adjacent to the shoreline and there are no known trails that traverse or cross the project site. The current shoreline access runs along the southern property boundary along Kahakai Road towards a shoreline trial makai of the subject parcel and across Kahakai Road. The subject site is fully developed, and has been completely graded during the past development, and the existing foundation structure. As such no cultural resources would be anticipated to exist on the parcel. 30. Public Access: Shoreline access is provided via a trail that runs along Kahakai Road towards a shoreline access path located makai of the project site. The proposed project will not impact current access and will aim to improve pedestrian access around the project parcel by improving sidewalks. 31. Coastal Resources: The proposed development is not adjacent to the shoreline, and is separated by the shoreline development by the north-south section of Kahakai Road that bounds the makai side of the subject parcel. To address any potential flooding impacts the applicant has designed the project to not direct any stormwater towards the ocean, and drywells (subject to State approval) will be designed to accommodate stormwater. Additionally, excess water from the development will be directed to landscaped areas to absorb some of the water. The proposed project should not have any impact on coastal resources in this area. 32. Recreational Resources: Recreational resources include the shoreline access trail that runs along the southern property boundary on Kahakai Road to a shoreline path located makai of the subject parcel. There are no specific recreational resources located on the subject parcel, however, the proposed project aims to improve the shoreline trail by building pedestrian sidewalks to accommodate visitors in this area. 33. Scenic and Open Space Resources: Coastal views from the subject parcel are already diminished by the existing development fronting the shoreline and as such, the proposed development will not impact views or open space resources in this area. The applicant has addressed viewplane impacts and plans to mitigate any potential impacts by recessing the structures at least 20-feet from Ali`i Drive which will include landscaping within and around the project site. Additionally, the applicant will utilize color schemes and -5- construction material that aligns with the character of Kona and the surrounding development. 34. Traffic: No traffic impact analysis was conducted for the proposed project, however, the applicant stated that the proposed development does not generally conflict with the normal working/commuting traffic. In their comments dated December 18, 2018, the Department of Public Works (DPW) did not express any traffic related concerns. Given the adequate sight distance, the existing 25 MPH speed limit of Ali`i Drive, and the planned pedestrian improvements, the applicant anticipates pedestrian/vehicular conflicts should be minimized. PUBLIC SERVICES AND FACILITIES 35. Access: Access to the underground parking garage will be via Kahakai Road, there will be no vehicular access to the site from Alii Drive. As proposed, there will be 143 parking stalls in the underground parking area for residents. Three loading zones, (2 along Alii Drive and 1 on Kahakai Road) will also be constructed. Lastly, improvements to the pedestrian sidewalks around the subject property will improve pedestrian access in this area. 36. Water: The prior owner has already installed a 12-inch waterline from Walua Road to the subject property that has since been dedicated to the Department of Water Supply (DWS) and is sufficient to accommodate a fire-domestic meter. The water commitment fees and facilities fee have also all been paid. As a result of these improvements and payments, the site is entitled to 22,000 gallons of water per day (gpd). An estimated daily average water consumption calculation was determined based on an analysis of the proposed project; the project consumption was determined to be 21,022 gpd, which is less than the entitlement. 37. Wastewater: The applicant intends to discharge the project site's wastewater to the existing sewer line located along Ali'i Drive. 38. Solid Waste: Solid waste generated on the property will be disposed off-site in conformance with the Department of Environmental Management Solid Waste Division. 39. Other Essential Utilities and Services: Electricity and telephone are provided to the site via existing connections. -6- AGENCIES' COMMENTS 40. Department of Finance, Real Property Tax (Planning Department Exhibit 2 — October 2, 2023, Memo). 41. Department of Environmental Management (Planning Department Exhibit 3 — October 10, 2023, Memo). 42. Department of Water Supply (Planning Department Exhibit 4 — October 13, 2023, Memo). 43. State Department of Health (Planning Department Exhibit 5 - September 25, 2023 Memo). 44. County Department of Public Works (DPW) (Planning Department Exhibit 6 — October 23, 2023, Memo). 45. State Office of Planning & Sustainable Development (OPSD) (Planning Department Exhibit 7 - October 23, 2023, Letter). 46. State Department of Land and Natural Resources — Commission on Water Resource Management (CWRM) (Planning Department Exhibit 8— October 19, 2023, Memo). 47. State Department of Land and Natural Resources —Engineering Division (Planning Department Exhibit 9 —October 6, 2023, Memo). 48. State Department of Land and Natural Resources—Division of Forestry and Wildlife (DOFAW) (Planning Department Exhibit 10—November 1, 2023, Memo). AGENCIES WITH NO COMMENTS 49. Police; State Department of Land and Natural Resources (DLNR) Land Division, NO RESPONSE 50. DPW-Building; Fire; State Dept. of Transportation (HDOT). PUBLIC COMMENTS 51. Email dated October 13, 2023 from Judy Mahoney to Agent (Planning Department Exhibit 11). 52. Email dated October 27, 2023 from Judy Mahoney to Agent (Planning Department Exhibit 12). 53. Email dated October 27, 2023 from Pete Vann to Agent (Planning Department Exhibit 13). 54. Email dated October 3, 2023 from Kimiko Knight to Planning Department(Planning -7- Department Exhibit 14). APPLICANT RESPONSES 55. Letter dated October 24, 2023, from Agent to Planning Department (Planning Department Exhibit 15) —(DWS/DEM). 56. Letter dated November 10, 2023, from Agent to Planning Department(Planning Department Exhibit 16) —(DLNR). 57. Letter dated November 8, 2023, from Agent to Planning Department (Planning Department Exhibit 17) —(DPW). 58. Email dated November 20,2023,from Agent to Judy Mahoney(Planning Department Exhibit 18)—(Mahoney Viewplanes). 59. Letter dated October 16, 2023, from Agent to Planning Department (Planning Department Exhibit 19) —(Cook &Dodge). -8- • SidneyFuke, Planning Consu1tan1 O P.O.Box 1345•Hilo,Hawaii 96720 Planning•Variance-Zoning Cell: (808)989-0640 Subdivision• Land Use permits E-mail:sidneyfuke@gmail.com •Environmental Reports September 6, 2023 \Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Kern, Subject: Special Management Area Use Permit Application Applicant: Kana Hawaii Development, LLC Kailua Villaae, Pua'a = North 154la, Hawaii, TMK 7-5-018: 011 The subject property, consisting of 1.76+acres, is located on the makai corner of Kaheka Road and Ali'i Drive. ASMA Permit (SMA 98-7 and later assigned 388)was issued to allow the construction of a 48 hotel/condominium project. Over time,the land was cleared, and the foundation and basement area were permitted and constructed. However,the SMA Permit was automatically nullified on or about January 30, 2023, due to its non-compliance with the time performance condition. Using the same footprint, foundation, and basement area,the applicant, Kona Hawaii Development, LLC, an LLC formed by Baywood Dia, Inc. (Diamond Resorts)wants to complete the partially constructed project. Rather than 48 large condo/hotel units, using the same and previously approved footprint, the applicant wishes to develop a 91-room suite with a kitchenette and 9 standard guest rooms, all consistent with the site's Resort (V-.75) zoning. Once completed,the hotel would be tentatively operated as a Residence Inn by Marriott. Attached is a report which includes the plans and pertinent exhibits, as well as a discussion of the project and its relationship to the SMA policies and guidelines. Also attached is a list of the surrounding property owners within 300 feet of the subject property. Should you have questions on this matter, please feel free to contact me on this matter. Thank you very much! Ae* SIDNEY FUKE Planning Consultant Enclosures Planning Depi, Copy-Mr.Nick Naik, Kana Hawaii Development,LLC w/ enclosures Exhibit.._..._.... 1 September 6, 2023 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Kern, Subject: Special Management Area Use Permit Application Applicant: Kona Hawaii Development, LLC Kailua Village, Pua'a 3rd, North Kona, Hawaii,TMK 7-5-018: 011 The subject property, consisting of 1.76+ acres, is located on the makai corner of Kaheka Road and Ali'i Drive. A SMA Permit (SMA 98-7 and later assigned 388) was issued to allow the construction of a 48 hotel/condominium project. Over time, the land was cleared, and the foundation and basement area were permitted and constructed. However, the SMA Permit was automatically nullified on or about January 30, 2023, due to its non-compliance with the time performance condition. Using the same footprint, foundation, and basement area, the applicant, Kona Hawaii Development, LLC, an LLC formed by Baywood Dia, Inc. (Diamond Resorts) wants to complete the partially constructed project. Rather than 48 large condo/hotel units, using the same and previously approved footprint, the applicant wishes to develop a 91-room suite with a kitchenette and 9 standard guest rooms, all consistent with the site's Resort (V-.75) zoning. Once completed, the hotel would be tentatively operated as a Residence Inn by Marriott. Attached is a report which includes the plans and pertinent exhibits, as well as a discussion of the project and its relationship to the SMA policies and guidelines. Also attached is a list of the surrounding property owners within 300 feet of the subject property. Should you have questions on this matter, please feel free to contact me on this matter. Thank you very much! Sincerely, SIDNEY FUKE Planning Consultant Enclosures Copy—Mr. Nick Naik, Kona Hawaii Development, LLC w/enclosures SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibl yprint the requested information) APPLICANT: Kona Hawaii Development.LLC APPLICANT'S SIGNATURE:_ � DATE 9 1 202 ADDRESS: 6_m0 G_=nwood Plaz aBlvd.. Suite 130 Greenwood V i 1sa e, Colorado 80111 LIST APPLICANT'S INTEREST IF NOT OWNER: Purchase and Sales Asreement LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: Kausbik.(Nick)Naik.. Managing Member.Members: KevurNai Amit Patel.Vinod Patel.and Teias Desai PHONE:(Bus. (210)340-9991 (Cell)(210)336-4263 (Fax) LANDOWNER(S): DPM ACQUISITION LLC LANDOWNER SIGNATURE(S): DATE: oL (Maybe by Fetter) LANDOWNER(S)ADDRESS: 10615 Park Run Drive Las Vegas.NV 89144 REQUEST:,Deyel opmentof a 100 room hotel and related improvements_ TAX MAP KEY: 7-5-018:011 ZONING: V-.75 SIZE OF PROPERTY OR AFFECTED AREA(S):_ 1.753 acres AGENT: Sidnev Fulce.Plannine Consultant ADDRESS: P._O.1bx 1345, Iilo.I3196.721 TELEPHONE:(Bus.)_(808) 989-0640 (Res.) (Fax)_ Please indicate to whom original correspondenc eand copies should be sent. ORIGINAL: Sidney Fuke COPIES: Nick Nail TO WHOM IT MAY CONCERN: As fee owner of the property identified by TMK: (3)7-05-018:011, 1 hereby authorize Kona Hawaii Development, LLC., a Hawaii limited liability company,to file and process its request for a Special Management Area Use Permit for the subject property. DPM ACQUISITIONS LLC .&Z'j' Z/�-- Name: Ke K'o a Date:September 5, 2023 Its: Senior-Vice President and Assistant Secretary DPM ACQUISITION LLC 10615 Park Run Drive Las Vegas, NV 89135 PLANNING AND ENVIRONMENTAL REPORT BAYWOOD HOTELS PUA'A 3rd, NORTH KONA, HAWAI'I TMK: (3) 7-5-018: 011 I. GENERAL BACKGROUND Baywood Hotels ("Applicant"), using the same footprint of a partially completed project, is proposing to develop a 100-room hotel and related improvements on a 1.76+ acre (76,739 square feet)parcel and identified by TMK: (3) 7-5-018: 011. The site is located on the makai corner of Ali'i Drive and Kahakai Road,just south of the Royal Kona Resort Hotel and north of the Kona Reef Resort Condominium in Kailua Village. Because the site is zoned Resort(V-.75), the requested uses are permissible. However, because the site is located within the boundaries of the Special Management Area (SMA), a SMA Use Permit is required from the Leeward Planning Commission ("Commission")before the project can be implemented. II. PROJECT LOCATION As noted earlier, the subject site, consisting of 1.76+ acres, is situated on the makai corner of Ali'i Drive and Kahakai Road. It is located approximately 200 feet from the shoreline, immediately south of the Royal Kona Resort Hotel and north of the Kona Reef Resort Condominium in Kailua-Kona. (See Figure 1) Along the Ali'i Drive frontage, there are resort and resort-related uses and activities surrounding and/or proximate to the subject site. In addition to the Royal Kona Resort Hotel and Kona Reef Condominium, there are also several vacation rental or resort related condominium projects such as Hale Kona Kai, Kona Beach Bungalows, Kona Mansions, and Kona Billfisher. There are restaurants, commercial offices and retail uses within 1,000 feet of the subject site. III. SITE PERMITTING AND LAND OWNERSHIP HISTORY A. Tuso Development and Management Inc. 1. On December 3, 1998, the then Planning Commission (now Leeward Planning Commission) approved the request, with conditions, of Tuso Development and Management, Inc. for a SMA Use Permit(SMA 98-7) to allow the development of a resort condominium/office complex on a former mini golf site. The complex was to have consisted of 48 2-bedroom resort- condominium units, as well as area for commercial retail and office space. 1 2. On January 31, 2002, the Planning Director granted an administrative time extension to December 13, 2008, to complete the project. B. Pacific Monarch Resorts, Inc. 1. At the request of the new owner, Pacific Monarch Resorts, Inc. and its agent or representative, Dr. William C. Foulk, Final Plan Approval was issued on June 6, 2007. The approved plans reflected a 45-foot structure with 20-foot front yards setback, 115 parking stalls, and three (3) loading stalls. (Exhibit A) 2. Pursuant to that Plan Approval the following building permits were issued: a. On March 22, 2007, a building permit (B2007-0208K or 0419 as the application and permit number was different) for the construction of "ROCK WALLS UP TO 21'HIGH". Please note that according to records in EPIC, "BLD/Foundation/Slab Inspections"were conducted on the following days in 2007, all noting "pass": April 25; May 10, 21; June 12, 25; July 11; August 23. b. On or about September 12, 2007, the Building Department issued two (2)building permits (132007-2665 and B2007-1259K) for the construction of"STRUCTURAL COL UNINSFOR FOUNDATION FOR PROPOSED CONDO SHELL PERMIT". Please note that according to records in EPIC, "BLD/Foundation/Slab Inspections"were conducted on the following days in 2007, all noting "pass": September 28; October 2, 15; November 9, 26; and December 18, 27. Since the inspections occurred after this Building Permit was issued, it is not clear whether those inspections were for that or the March 22, 2007, permit. c. On February 28, 2008, a building permit (B 2008-0307K)was issued. for the construction of"5 STORY CONDOMINIUM WITH LOBBY AND GARAGE (GARAGE WITH FOUNDATION ONLY PERMIT), LOBBY— CHECK IN DESK, ADMINISTRATION OFFICE, RESTROOMS, WATER FEATURES AND LANDSCAPING, 3RD I 4TH 5TH FLOORS- (4) UNITS EACH FLOOR FOR THE TOTAL OF 12 UNITS, AIR CONDITIONING. NOTE.- EACH UNIT WITH 3 BEDROOM, KITCHEN, LIVING RM, GREATRM, WET BAR, LANAI, AND EACH UNIT TYPE TO BE CONFIGURED DIFFERENTLY". The permit had an estimated value of$10 million with an estimated completion date of January 15, 2009. 2 d. On February 28, 2008, a building permit (B2007-2665K) was issued for the construction of"NEW LOWER AND UPPER POOL AND SPAS W/FOUNTAIN&FOOTBRIDGE". Hence, between 2007-2010, the referenced permits—which included electrical rough-ins, foundation, and retaining walls—were completed and issued final inspection. 3. At its meeting of September 19, 2008, the Planning Commission ("Commission") granted a time extension of SMA 98-7 to December 13, 2013, to complete the project. C. DPM Acquisition LLC, dba Diamond Resorts International 1. DPM Acquisition LLC acquired the property in 2013. 2. In a letter, dated June 9, 2014, the Commission approved a time extension request to May 15, 2019. 4. On May 22, 2017, a new Final Plan Approval (Timeshares At Grand Kona Resort) was issued for 46 3-bedroom units with lock offs. With some slight modifications, the plans were essentially the same as the 2007 approved plans. The number of rooms was decreased (48 to 46)because of the size of the units with lock offs). The height of the structure (45 feet) and front yard setbacks (20 feet) were the same. There were a few more parking stalls (119 versus 115)with the same number (three) of loading zones. The approved plans reflected a 45-foot structure with 20-foot front yards setback, 115 parking stalls, and three (3) loading stalls. (Exhibit B) 3. In a letter, dated January 21, 2021, the Commission approved a time extension request to January 20, 2026, to complete the project. However, there were also temporal benchmarks that had to be fulfilled, including submittal of Plan Approval no later than January 30, 2022; submittal of a building permit no later than January 30, 2023; and commencing construction no later than January 30, 2024. (Exhibit C) Since the May 2017 Plan Approval was not exercised within two years and hence expired and the initial temporal benchmark of Plan Approval could not be met, per the condition of the amended SMA permit, without further action, the SMA permit (SMA 388)was automatically voided. D. Baywood Hotels 1, On May 1, 2023, Baywood Dia Inc. entered into a Purchase and Sales Agreement with DPM Acquisition, LLC with the intention of completing the project. 3 2. Accordingly, it is submitting a new SMA application and, using the same approved footprint, complete a project that was conceived in 1998 and partially constructed in 2007 and 2008. IV. PROJECT DESCRIPTION A. Proiect Developer (Baywood Hotels) Baywood Hotels is a hotel company that specializes in the development of Hilton and Marriott branded hotels across the United States over the past 45 years. Its approach has been to establish a sustainable and enduring relationship with the area or regions their hotels serve. Towards that end, it has developed among other community"give back"programs or initiatives such as BEAR (Baywood Hotels Education and Reach). Since its inception, BEAR has contributed over $500,000 to communities through various partnerships. Further, the ability to provide and sustain those initiatives requires the delivery of quality and unparalleled service to its guests. As such, it has long partnered with renowned brands and reputable hotel operators like Hilton and Marriott. B. Proiect Concept In light of the above, the Applicant intends to have its hotel operated as a Residence Inn by Marriott. The Residence Inn brand is a prominent chain of extended-stay hotels that offers a comfortable and unique blend of hotel comforts and the conveniences of a home-like atmosphere for travelers seeking accommodation for longer periods. Typically, guests of a Residence Inn would be an individual(s) or family or group visiting the island for business or leisure—whether in- or out-of-state - for an extended time. There are also those who need extended accommodations to attend or participate in extended social or cultural activities like the Merrie Monarch, Kona Coffee Cultural Festival, and so forth. To address these types of visitors, the size and function of most of the rooms would be akin to a"suite". As such, the Applicant believes that the Residence Inn brand has the potential to be well-received in the Hawai'i market due to its emphasis on comfort, convenience, and extended-stay amenities. By catering to the specific needs of travelers to Kailua Village and in an area proximate to other resort and resort- related activities (as opposed to staying at short term vacation rentals or B&Bs in residential or agricultural zones), Residence Inn could establish itself as a preferred choice for those seeking a more relaxed and home-like experience within a resort environment. In trying to reasonably address public comments made on the last time extension request, the Applicant proposes to use the foundation of the partially completed 4 structure and improve upon the overall design of the project through landscaping and recessed verticals. Further, pedestrian improvements along Ali'i Drive and Kahakai Road would also be constructed. Thus, in developing this project, the current decrepit state of the site, which has created some unsafe conditions for people living or visiting this area, would be minimized or perhaps completely eliminated. C. Project Components The basic structure will take on a U-shaped configuration, due in part to the shape of the site. (Figures 1, 2) However, unlike the previously approved plans, while the general configuration of the structure would be the same, the current plan attempts to capture the "Kona Way of Life" as noted in the Kailua Village Design Plan through the use of rock or lava faced material, earth-toned colors, and landscaping. (Figure 3) At the same, it attempts to create a more pedestrian oriented feel from Ali'i Drive through landscaping and shifting traffic more to Kahakai Road. Figures 4, 5, and 6 provide the comparative visuals of the 2017 approved plans with the proposed plans. The project will consist of 100 units consisting of 91 (suites) which will include a kitchen and nine standard guest rooms. The suites will consist of two (2) bedrooms to accommodate families or a larger group. Other amenities will include a dining area where continental breakfasts will be served to guests, an outdoor pool, and a bar. Three (3) stories would be constructed over the existing foundation and subterranean parking area. (Figure 7) Although all three levels would have hotel rooms, the first floor would also include the lobby and retail area; the second, a fitness center, and the third, a dining area. (Figures 8, 9, 10) Consistent with the zoning code, the structures will be less than 40 feet and not exceed 45 foot height limit. (Figures 11, 12) Solar panels are tentatively being considered to be constructed on the rooftops. (Figure 13) As reflected in the basement parking area(Figure 7), it will be setback a minimum of 20 feet from Alii Drive and eight to 20 feet from Kahakai Road. It should be noted that the 2007 permitted foundation and basement area fronting Kahakai Road, which was constructed in 2007 and 2008, resulted in the varying eight to 20 foot setback. However, new improvements above of that foundation/basement area will be at the 20 foot setback area. The side yard setback at the north end will be at least 14 feet. Although the required parking is 117 parking stalls, as proposed, there will be 143 stalls, inclusive of four handicapped and two equipped with electrical chargers. Access to the parking garage will be from Kahakai Road. (See Figure 7) There will also be three loading zones, two along Ali'i Drive and the other 5 along Kahakai Road. Because the parking area will be subterranean, it will not be visible from Ali'i Drive and somewhat visible from Kahakai Road. The Applicant intends to construct a 7-foot wide sidewalk along the property's frontage at both Ali'i Drive and Kahakai Road. The sidewalk fronting Ali'i Drive would be within the existing right-of-way. However,because Kahakai Road has a narrower right-of-way the varies between 30 to 40 feet, the sidewalk would be constructed within the subject property and designated as a public easement, if needed, in the area earmarked as "I 0-foot future right-of-way" on the tax map. The "10-foot future right of way" designation came about as a result of a condition of the Planning Director's approval of the consolidation of the former five lots that made up the subject property. The sidewalk improvements would fulfill the general intent of the condition. Overall, these improvements should help facilitate the safe movements of pedestrians and vehicles in this area, while creating a more pedestrian-friendly environment. (Figure 14) A complete set of the figures are found in Exhibit D. As noted earlier, extensive landscaping will be incorporated within the project, consistent with Planning Department Rule No. 17. Native plants and drought tolerant plant material— such as seashore paspalum—would be planted. (Figure 15, 16, 17)Further, the outdoor lighting will be designed in a manner that will be consistent with Article 9 of Chapter 14-50 of the Hawaii County Code. D. Project Costs and Timetable The cost of this project is estimated at $45 million dollars. Understandably, this is an estimate, and the price will vary depending on material, labor, and other related costs. The applicant hopes to begin construction upon issuance of all required permits within the next year. The anticipated construction completion date is mid 2026. IV. PERMITTING REQUIREMENTS The subject site is zoned Resort (V-.75) or one (1) unit for every 750 square feet. Residential and commercial uses are permitted. The zoning would allow a maximum of 102 units. As such, the proposed development of 100 rooms would be consistent with the resort zoning. However, because the site falls within the boundaries of the Special Management Area (SMA), an SMA Use Permit is required from the Leeward Planning Commission. Although the foundation, retaining walls, and subterranean parking structure were properly permitted and inspected, based on a most recent Alta Survey, it was discovered that portions of the improved area encroach into the 20-foot front yard setback plus the 10-foot future right-of-way line fronting Kahakai Road. As such, a 6 Variance for these "after the fact" improvements will be applied for and acted upon by the Planning Director, subsequent to the outcome of this SMA application. Because the site falls within the bounds of the Kailua Village Special Design District, it may require further review and recommendation from the Kailua Village Design Commission. That Commission provided its favorable recommendation on March 28, 2006. Since the basic design has not been changed, further review— as was determined when the various SMA time extension requests were reviewed— may not be needed. If deemed necessary, this will be done subsequent to the submittal of this application or, if approved,prior to issuance of Final Plan Approval. Subsequent to hopefully the favorable action on this SMA Permit request, in addition to the Variance request, other ministerial permits - such as Plan Approval, Building Permit, Department of Health air quality permit, and the like- will be required. V. INSTITUTIONAL CONSIDERATIONS A. General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site to be within the Resort Node. The proposed development would be consistent with that designation. No General Plan amendment would be required to effectuate this project. B. Kona Community Development Plan Relative to the Kona CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the Kona CDP was developed and adopted by the County Council during the latter part of the year 2008. It was subsequently amended on September 18, 2019. The CDP identified its vision to be "A more sustainable Kona characterized by a deep respect for the culture and the environment...." The subject property is situated to be within the Kona Urban Area and Regional Town Center. As such, the existing resort zoning and requested use are consistent with those designations. 7 C. ZoninQ The County zoning of the site is Resort(V-.75). Based on this zoning, the maximum number of units allowed for this 76,739-square foot site is 102, which is more than what the Applicant is proposing. The proposed project is 100 units. In terms of setback, the minimum requirement is 20 feet from the front and rear property lines, and eight (8) feet for one story and an additional two (2) feet for each additional story from the side property lines. The structure will be set back at least 20 feet from Ah'i Drive and the verticals of the structure will have at least 20 feet from Kahakai Road. As noted earlier, a Variance from the front yard setback along Kahakai Road will be sought to allow the retention of existing and County-approved improvements for a retaining wall, subterranean parking, and foundation. The side yard setback will be at least 14 feet. (See Figure 7) The maximum allowable height is 45 feet. The proposed structure will consist of three (3) stories and subterranean parking, and they will not exceed the 45-foot requirement. (See Figures 11, 12) One hundred forty three (143)parking stalls are being proposed. As outlined in the Zoning Code, 114 stalls would be required for the "suites" and three for the standard guest rooms for a total of 117 stalls for the 100 unit project. The back of the area office is for the staff, while the retail and guests only continental type breakfast areas are not intended to be free-standing operating areas but more to service the guests. As such, the applicant believes those areas are exempt from the parking requirement. D. Other Permits As noted earlier, a setback Variance from the Planning Director will be required to allow the retention of portions of a rock wall, subterranean parking, and foundation. The other required permits will be of the ministerial variety. Some of these include Plan Approval from the Planning Director, Building Permit, water and sewer hook up, and the like. VI. ENVIRONMENTAL CONSIDERATIONS A. Soils It should be noted that the entire site has been bulldozed in the past and more recently improved with a subterranean parking garage. Because the site has already been built up and/or situated within an urban environment, the Land Study Bureau does not have a soil classification of the site. Notwithstanding the above, the US Department of Agriculture Soil Survey Report previously identified the predominate soils overlying the project site as 8 Punalu`u and Waiaha Soil Series. This soil series is characterized by well- drainage, thin organic soils overlying pahoehoe lava bedrock. The surface layer would have been eight (8) inch thick very dark brown muck shallow soil with frequent pahoehoe outcrops. That type of soil type would have been rapidly permeable, where the runoff is medium and erosion hazard slight. The State Department of Agriculture's Agricultural Lands oflfnportance to the State of Hawai'i (ALISH) maps do not offer any rating for this area. B. Elevation The elevation at the Ali'i Drive is about 34 feet, and heading makai, the slope abruptly drops to about 18-24 feet midway and to about 13 feet at Kahakai Road. The topography of the site thus varies considerably, which dictated the design of the building with its subterranean parking. C. Climate Being on the leeward side of the island, the project site is generally sunny in the mornings with occasional afternoon clouds. The rainy season is usually during the summer, with wetter periods from November to January. The average annual rainfall is approximately 20 inches, with pan evaporation estimated at 55 inches per year. D. Natural and Coastal Hazards The Flood Insurance Rate Map (FIRM) designates this area Zone X, areas determined to be outside the 500-year flood plain. It should be noted, however, that the site falls within the Civil Defense Tsunami Evacuation zone. The shoreline is less than 300 feet from the lower portion of the subject site. The US Geological Survey(USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. By way of reference, the City of Hilo is located within Zone 3, while the lower Puna area ranges between Zones 1 and 2. The Building Code designates the entire island of Hawaii in Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazards. E. Flora and Fauna Implications As the site has been fully improved, there is very little vegetation on the site, although there is evidence of introduced vegetation such as the Monkey Pod tree, bougainvillea, and coconut trees. Likewise, as the site falls within a built-up 9 urban area, it does not appear likely that rare or endangered plant life exists on the site. The subject site and much of the surrounding areas have or are developed with structures. As such, it does not appear likely that one would find rare or endangered animal life on the site. The floral and faunal implications should thus be negligible, if at all. F. Archaeolo2icalImplications As the site had been fully disturbed when the original SMA application was considered in 1998 and in subsequent time extensions, no archaeological inventory survey was prepared for the site. In its letter, dated June 21, 2006, the State Historic Preservation Division ("SHPD") gave a determination of "no historic properties will be affected"for a prior grading permit. Subsequently, in a letter dated March 14, 2019, commenting on the last time extension request, the SHPD confirmed the absence of any studies of the subject site. However, while it had no objections to the requested time extension, it requested an opportunity to review any permits involving ground disturbance. (Exhibit D) Notwithstanding the prior comments from SHPD, in being proactive, the Applicant commissioned Kulaiwi Archaeology, LLC to do an Archaeological Assessment("AA") of the site. The June 2023 draft AA found "No archaeological sites or features...within the project area. " Due to the site being completely altered mechanically, the AA concluded that based on the survey results, "No further archaeological work is recommended. " (Exhibit E) During the course of developing the subject site, in the event any inadvertent discoveries of cultural or archaeological features are discovered, work will immediately cease. The SHPD and the County Planning Department will be consulted before work resumes in the affected area. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site. In this situation, the subject site is not adjacent to the shoreline and there were no known trails identified on the subject site. As such, fishing and/or coastal access should not be an issue. 10 It is not known whether the subject or immediate surrounding area was ever used for the gathering of plants by native Hawaiians. However, as the subject site has been entirely mechanically disturbed and currently consists of some incomplete improvements, it would appear very unlikely that the site would serve such a purpose today. Based on the above, it does not appear that the project would have any adverse impact relating to the cultural and historical resources of this area. H. Marine Environment Although the site is not a coastal property, it is proximate to it. As such, the concern for potential runoff and sedimentation associated with the construction and operation of the project will be there. The construction of buildings,roads, and other impermeable surfaces could also have a potential long-term impact. To address these short and long term potential concerns, the Applicant proposes a number of measures. These include: • Not directing any of the stormwater to the ocean. Drywells, subject to the State Underground Injection Well ("UIC") approval process, will be designed to accommodate this stormwater. • Through proper design, excess water will be directed to landscaped areas where the ground is a little more permeable and can absorb the additional water. The County Grading Ordinance, which governs erosion and dust control during construction, will also be complied with. Thus, there should be little, if any potential adverse impact on the marine environment if reasonable precaution is taken during and after the construction period. I. Noise, Air Quality, and Dust The existing noise environment consists of ambient noise levels resulting primarily from traffic and incidentally human activity, wind and foliage, surf, birds, and intermittent flyby events (helicopters and aircraft). In the short-term, the project will generate construction traffic and construction equipment noise. To mitigate these impacts, the Applicant intends to comply with State Department of Health noise regulations. Other mitigations include limiting construction activities to certain periods of the day; requiring all construction equipment to have approved exhaust and muffler systems; and adhering to State DOH blasting measures. In the long term, the noise impacts would be additional traffic and, of course, 11 from the project itself. Due to the resort/residential nature of the project, however, it is not anticipated that the noise level will increase appreciably. The proposed project should not generate any direct long-tenn air quality impacts. The only discernible impact would be associated with vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant particularly with the higher EPA standards for automobile emissions. During the short-term, however, construction dust could affect the area's air quality. Dust control measures would be implemented by the Applicant and/or its contractors, which would include watering, covering of open-bed trucks, taking winds patterns into consideration during earthwork, and initiating the landscaping early. VII. INFRASTRUCTURE CONSIDERATIONS A. Road and Access The subject site borders both Ali'i Drive and Kahakai Road. The County-owned Ali'i Drive, in the area fronting the subject site, has a right-of-way of 50 feet with a pavement width of 24+ feet. While there is no sidewalk along the Drive, there is sufficient room fronting the site for pedestrian movements. The mauka portion, however, has less space for pedestrian movements. Kahakai Road, which is also owned by the County, has a right-of-way that varies between 30 to 40 feet. The first portion of this Road up to the bend, there is a 16+/- foot wide pavement. Beyond that point and running parallel to Ah'i Drive, the pavement reduces to 14 to 16 feet. There are several accesses planned for this project. The arrival area will be from Ali'i Drive; the 124 stall parking area will be via Kahakai Road. Ali'i Drive is fairly straight and level where it intersects with Kahakai Road. As such, there should be adequate sight distance for vehicles exiting Kahakai Road. Further, being within an urban area, the speed limit is 25 mph. The Applicant intends to construct a 7-foot wide sidewalk along both road frontages to enhance pedestrian safety. Given the narrow right-of-way of Kahakai Road, however, the ability to install the standard curb, gutter, and sidewalk along that section is limited. As such, a good portion of the sidewalk improvements will be within the subject property and designated as an easement, if necessary, while the improvements fronting Ali'i Drive would be entirely within the existing road right-of-way. These improvements will not only create a warm ambiance but make the area safer for pedestrian movements. 12 Further, while a number of visitors will be driving to the proposed hotel, the visitor's normal travel pattern does not generally conflict with the normal working and/or commuting traffic. Given the adequacy of sight distance, the 25 mph speed limit, and the planned pedestrian improvements, pedestrian/vehicular conflicts should be minimized. It should also be noted that at the end of Kahakai Road, there is a public shoreline access. A sign to that effect is posted at the intersection of Ali'i Drive and Kahakai Road. The pedestrian improvements should thus help facilitate use of this public shoreline access. In their comments on the last request, the Police Department in its comments of December 19, 2018, did not express any traffic-related concerns. The Department of Public Works ("DPW"), in its last comment (March 13, 2014) on this request,had no comments or objections to it. Its prior comments (August 8, 2008) clarified its position regarding the pedestrian improvements. The DPW specifically noted that: "The street widening and roadside improvements required by this (Condition 6) condition shall be installed along an alignment meeting with the Department of Public Works. Any portion of the subject parcel upon which the improvements to meet this condition are installed, shall be subdivided and dedicated to the County, upon satisfactory completion and prior to the issuance of a Certificate of Occupancy, at no cost to the County." As noted earlier, the Applicant intends to make pedestrian improvements fronting both Ali'i Drive and Kahakai Road. However, given the narrow width of the Kahakai Road right-of-way and the already approved foundations, the details of the sidewalk will have to be finalized with the DPW. B. Water A prior owner has already installed a 12-inch waterline in Walua Road and to the subject property that has since been dedicated to the DWS. That is sufficient to accommodate a fire-domestic meter. The water commitment fees and facilities fee have also all been paid. As a result of these improvements and payments, the site is entitled to 22,000 gallons of water per day ("gpd"). An estimated daily average water consumption level was prepared by an engineer registered in the State of Hawaii. Based on his analysis, inclusive of landscaping, the projected consumption was pegged at 21,022 gallons, which is less than the allotment of 22,000 gpd. (Exhibit F) Thus, there should be sufficient potable water for the proposed project. C. Wastewater The County has a sewer line along Ali'i Drive. The Applicant intends to 13 discharge the proj ect's wastewater into this system. D. Utilities Telephone and electrical services are already available to the site. E. Protective Services Being within an urban area, all of the required police, fire, and related services are available. Police protective services are provided from the stations at Kealakehe located less than three (3) miles from the site and Captain Cook in South Kona. Within five (5)miles from the site, there are three (3) fire stations. These would be at Kailua-Kona, Kealakehe, and Pu'uloa. There is also another station at Captain Cook. Emergency medical and paramedical services are also provided from these stations. The Kona Hospital at Kealakekua is located approximately seven (7)miles from the site and is managed by the State. VIII. OTHER CONSIDERATIONS A. View Plane The subject site is visible from Ali'i Drive and the makai portions of Walua Road. As such, any development of the site will have some measure of visual impact. However, the SMA policies and guidelines relate to views from public roads and not private properties, and if so, whether there are some mitigating factors. In this case, there are intervening structures between the subject site and the shoreline. These structures for the most part are adjacent to the shoreline, and as such they already obstruct much of the coastal views from these roads. As such, the proposed development—while having some measure of visual impact- should not result in the significant removal of any existing coastal visual impact from these roads. Figures 4, 5 and 6 visually depict the approved and proposed structure relative to the Walua Road, Ali'i Drive, and Kahakai Road. While the proposed structure will be visible, its visual impact from public streets or viewing area should not be overly pronounced. For one, the height was slightly reduced; then, too, pedestrian friendly improvements will be made fronting Ah'i Drive and Kahakai Road; and finally, the project use material like lava rock facing and earth toned colors. Given those factors, the proposed project should not create a super imposing feel from Ali'i Drive and blend in with the surrounding area. 14 B. Coastal Access The subject property does not abut the shoreline. Its nearest point is approximately 200 feet from the shoreline. There are other privately owned parcels between the subject property and the ocean. As such, the proposed improvements would have no impact on any existing or planned coastal access in the area. It should also be noted that there is a public shoreline access near the bend of Kahakai Road through the Kona Reef Resort-Condominium project to the south. This access will not be affected by this development, as Kahakai Road will continue to remain open to the public. Further, the planned pedestrian improvements along Kahakai Road should enhance and facilitate overall access to the shoreline in this area. IX. RELATIONSHIP TO SMA OBJECTIVES A. Recreational Resources The proposed improvements should not have any adverse impact on the recreational resources of the area. The property is not coastal property, and there are intervening privately owned properties between the project site and the ocean. There is an existing coastal public access from Ali'i Drive through the Kona Reef Resort-Condominium project located on the south side of Kahakai Road. Thus, the planned pedestrian improvements along Kahakai Road should improve and make the existing access from Ali'i Drive to the shoreline more inviting and safer. Conflicts between pedestrians and vehicles should be less, thus enhancing rather than diminishing the recreational activities in this area. B. Historical and Cultural Resources As noted earlier, the subject site has been altered mechanically with some pervious improvements covering almost the entire site. The SHPD has already issued a"no historic properties affected determination"letter, which has since been supplemented by an Archaeological Assessment (See Exhibit E)which arrived at the same conclusion. Nonetheless, during the further construction of this site, should there be any inadvertent finds, work will immediately cease until clearance from the SHPD and County Planning Department is secured. Relative to the site's potential cultural resources, the site is not a coastal property and does not have a history of providing indirect access to the shoreline. As 15 noted earlier, there are neither any archaeological features on the property nor any native vegetation that would foster gathering of plants for medicinal or food. However, if legitimate claims are made, access will be provided. As such, the development of this site should not have any adverse impacts to native Hawaiian cultural or religious practices. C. Scenic and Open Space Resources As noted earlier, coastal views are already not readily visible from Ali'i Drive or Walua Road due to the existing structures between the subject site and the shoreline. As such, while this project will have some measure of visual impacts, the impacts are not significant from a public highway or public area. However, any development of this site will diminish open space. As such, the goal is to mitigate this impact. In this situation, the structure will be recessed at least 20 feet from Ali'i Drive. That setback, coupled with planned landscaping within and around the project site, and color scheme and construction material should help mitigate the loss of this open space. D. Coastal Ecosystem The proposed improvements should not generate any adverse impacts to the area's coastal ecosystem. As the site is situated—at its nearest point—about 200 feet from the shoreline, any direct interaction between the proposed improvements and the coastal water should not be pronounced, if at all. Further, although the project may increase the volume of rainwater, it will be directed into existing or new drywells on-site and away from the ocean. These drywells will be subject to the UIC permit, which specifically addresses impacts to the groundwater and nearshore water. Then, too, there already is a sewer line that fronts Ali'i Drive. This line will be utilized to accommodate all of the project's wastewater demand. E. Economic Uses With the long-standing vagaries of the global economies and insecurities due in part to the threat of terrorism and health concerns (such as SARS, COVID); the increasing interest rates and seemingly unbridled inflation; and finally tragic disasters like the Maui fires, it should be heartening to still find businesses willing to invest and develop properties within the framework of the County General Plan, existing resort (V-.75) zoning, and other pertinent rules and regulations. The community, in its Community Development Plan, expressed a desire to keep the Village of Kailua-Kona a healthy visitor destination area. Should this project 16 be built, it will transform an unkempt and vacant lot into a first-rate, extended stay hotel that will be operated by Residence Inn by Marriott, a hotel that has the reputation and ability to sustain itself. As noted earlier, the Applicant will be developing a project that is consistent with the existing resort(V-.75) zoning. It is not seeking to increase the density or introduce a use that has not been considered by the County General Plan or Kona CDP. In so doing, it should directly and indirectly generate approximately 135 short-term, full and part-time employment in the construction and construction- related industries. New money will be circulated within the community. Upon its completion, this planned extended stay hotel should generate at least 25- 30 full and part time jobs. Through its extensive worldwide marketing program, it should be in a position to attract visitors—in spite of downturns - and in so doing, help create some stability in the visitor industry. Because of its location within the Village and its pedestrian-friendly improvements, the project should encourage visitors/guests to walk to nearby retailers, thus further promoting the circulation of new money within the community. F. Coastal Hazards Although the site is designated "X" on the Flood Insurance Rate map, it still falls within the Civil Defense Tsunami Evacuation Zone. Although there will be habitable units within the project, with the advanced early warning systems, there should be adequate provisions to address impacts from tsunami (with the exception of locally generated tsunamis). As the site is not located adjacent to the shoreline and over 200 feet away at its closest point, normal winter storm waters should not be an issue for this project. G. Managing Development While this function is more applicable to the "authority" or approving agencies, the request is intended to operate within the confines of the existing Zoning Code. The subject site is zoned V-.75, and the requested uses and design/development parameters (parking, height, setback, etc.)would be consistent with said zoning. However, as noted earlier, there is a potential that a variance from the setback may be needed to accommodate the existing permitted improvements. Overall, then, this project would be consistent with the policy of "us(ing), implement(ing), and enforc(ing) existing law effectively to the maximum extent possible in managing present and future coastal zone management." H. Public Participation There is a statewide public advisory body called Marine and Coastal Zone 17 Management Advisory Group (MACZMAG)that has the task, among other matters, of advising the lead agency(Office of State Plan) on coastal management issues. This includes a direct or indirect review of certain requests that may have statewide coastal zone management implications. Public participation in the review of the perinitting process is also achieved through the posting of sign of the request on the property; as well as sending notices to surrounding property owners of the submittal of an SMA application and another separate notice informing said owners of the date of the Leeward Planning Commission's required public hearing as well as the rights to request for participation via a contested case hearing. L Beach Protection The subject property is not a coastal property and over 200 feet from its nearest point from the shoreline. As such, the policies and objectives relating to this matter do not apply. J. Marine Resources Mitigating measures will be taken during the construction and post-construction period of this project. Erosion control measures meeting with the requirements of the State Department of Health and County DPWs will be developed and implemented,particularly during the construction period. Drywells, if needed, meeting with the UIC requirements of the State Department of Health will be used to help address potential impacts to the groundwater and coastal waters from surface runoff. Then, too, the project's drainage will be directed to the landscaped areas to further minimize the velocity and volume of surface runoff going into drywells. X. SMA CONCLUSIONS Based on the foregoing, it is concluded that the proposed improvements are consistent with the objectives,policies and guidelines of the Special Management Area Rules and Regulations. Specifically: A. The proposed project will not have any substantial, adverse environmental effects. or ecological effect. Any effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interest. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigating measures will be taken to address any potential adverse impacts of this project; 18 B. The proposed uses - as discussed earlier- are consistent with the objectives, policies, and guidelines of the SMA Rules and Regulations; and C. The proposed uses are consistent with the County General Plan, Kona Community Development Plan, and the County Zoning Code. All of those documents earmark the subject site for resort or resort-related uses. The requested long stay hotel would be consistent with the resort designation. No zoning amendment is required to effectuate this request. 19 EXHIBIT A Final Plan Approval June 6, 2007 Harry Kim Mayor Christopher J. Yuen Director '�rf o N►r►` Brad Kurokawa,ASLA.FEED"' Deputy Director County of Hawaii PLANNING DEPARTMENT Aupuni Center• I01 Pauahi Street.Suite J • Hilo,Hawaii 96720 Phone(808)961-8288 • Fas(808)961-8742 June 6, 2007 Dr. William C.Foulk 75-5656 Kuakini Hwy., Suite 301 Kailua-Kona,HI 96740 Dear Dr. Foulk: PLAN APPROVAL APPLIED FOR: 48 Unit Multiple-Family Residential Building with Retail Space TMK:7-5-018:011 We have reviewed and approved the plan for the subject proposed project for FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL, dated 6/6/07, for your file. Please note any conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to occupancy of the project, or as otherwise conditioned. Should you have any questions,please contact Deanne Bugado of our West Hawaii Office at 327-3510. Sincerely, TOPHER J.'YjJEN Planning Director DEB:deb DEB:deb K:\Statli0eanne\Plan Approval s\L.7-S-18-11 Foulk for Grand Kona.doc cc: West Hawaii Office Planning Dept. Exhibit .3 Hawai'i County is an equal opportunity provider and employer COUNTY PLANNING DEPARTMENT FIN AL PLAN APPROVAL APPLICANT: DATE APPROVED: Dr.William C. Foulk 6/6/07 LOCATION: TAX MAP KEY: North Kona 7-5-018:011 PARCEL AREA: ZONE: 1.753 acres V-.75 PROPOSED USE: 48 Unit Multiple-Family Residential Building with Retail Space As Shown on Plan Comments Front Yard: 20'-0" OK, 20'-0"Minimum required Front Yard: 20'-0" OK,20'-0" Minimum required Front Yard: 20'-0" OK,20'-0"Minimum required Side Yard: 20'-0" OK, 14'-0"Minimum required Ht. of Structure: 45'-0" OK,45'-0" Maximum allowed Access to parking: Driveways off of Ali'I Drive and OK, Must comply with the requirements of the Kahakai Road Department of Public Works. Off-Street Parking: 115 stalls with 5 van accessible OK,48 dwelling units @ 1.25 =60 stalls 7,007 s.f/300 =23.3 or 24 TOTAL REQUIRED—84 stalls. Of the proposed 115 stalls 5 must be accessible of which 1 must be a van accessible stall. Loading and Unloading Space: 2- 12'x 50' and 1 - 10'x 22' OK, with 48 units = 1 stall and 7,007 s.£of commercial retail= 1 stalls TOTAL REQUIRED—2 loading stalls of which 1 must be a 12' x 50' stall Density: OK, Fencing and Walls: Material Height Location OK Hawai'i County is an equal opportunity provider and employer Final Plan Approval(TMK:7-5-018:011) 6/6/07 Page 2 Landscaping OK, Complies with Rule No. 17 of the Planning Department's Rules of Practice and Procedure. Others Tax Clearance: OK,per letter of tax clearance from RPT. KVDC OK Special Management Area OK, SMA No. 388 Conditions: 1. Applicant shall comjly with all other applicable laws,rules,regulations and requirements of Hawai'i County 2. Approved parkin to o be paved, striped, and a1212ropriate si nnaage installed prior to issuance of the Certificate of Occu anc. 3. Approved landscaping to be installed and maintained prior to issuance of the Certificate of Occupancy. A / Date 6/6/07 PD 11/99 (MsWord) EXHIBITB Final Plan Approval May 22, 2017 Harry Kim °, Michael Yee r Mayor Director Daryn Aral Dcputy.Direcior West Hawai'i Office East Hawaii Office 7 4—50 4 4 Anc K.eohokalole Hwy • IOI Pauahi Stn:et,Suite 3 Kailua-Kona,Hawai'i96740 County of Hawai 1 Hilo.Hawaii96720 Phone(80&)323-4770 Phonc(808)961-8288 Eull(808)327-3563 PLANNING DEPARTMENT Fan(808)961-8742 May 22,2017 Mr. Michael Shalmy 10600 W. Charleston Blvd. Las Vegas NV 89135 Dear Mr. Shalmy, PLAN APPROVAL APPLIED FOR: Timeshares at Grand Kona Resort TMK: 7-5-018: 011 PLA-17-001427 We have reviewed and approved the plan for the subject proposed project for FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL,dated May 22,2017 for your file. Please note any conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to occupancy of the project,or as othetWise conditioned. Should you have any questions,please contact Terry K.Dunlap of our West Hawaii Office at 323- 4770. HAEL YEE Planning Director TKD/tkd: \'<:ohl4l,,"planning slamTerry AAA-REVIEWS\TMK 7-5-018-011 Grand K.ona Resort\Approval Letter PLA- 17-001427 Grand Kona Resort.doc cc: West Hawaii Office w"'-w eohnlaruunadentcom Ha,-,ai"i Countyis an Equal Oppertund]-Provider and Employea ���" 'ha�s'aiicpttlkiv,euv EXHIBIT D COUNTY OF HAWAII PLANNING DEPARTMENT FINAL, PLAN APPROVAL PLA-17-001427 APPLICANT: DATE APPROVED: EXPIRATION DATE: Diamond Resorts Kona Il Development LLC May 22,2017 May 21.2019 LOCATION: TAX MAP KEY: Northwest corner of Alii Drive& Kahakai road 7-5-018: Ol l PARCEL AREA/ PROJECT SITE AREA: ZONING: Total site: I.77 acres Resort Hotel V.75 PROPOSED USE: four levels of timeshare NUMBER OF UNITS: resort units above an existing concrete parking 46 three bedroom units(including lockofl) garage. Two of which are ADA accessible. As Shown on Plan Comments Front Yard (East 20'-0" OK, Minimum Setback 20'-0" Front Yard (South) 20' OK, Minimum Setback 20'-0 Front Yard (West) 21 OK, Minimum Setback 20'-0" Side Yard (North) 14' OK,Minimum Setback 14'-0" Ht. of Structure: 45' for maximum hei!!ht- OK. 45'-0"Maximum Ht.permitted Elevators and mechanical below an additional l 0' as permitted by 25-4-22 (a). Access to parking:Kahakai Road OK Subject to Public Works requirements Off-Street Parking:Proposed Parking OK,Required Parking is based on 46 three(3)bedroom Standard----------------------------------------- 114 stalls units with lockoffs. Compact--------------------------------------------0 92 rentals x 1.25 spaces per rental= 115 ADA --------------------------------------------------------5 Total spaces provided----------- 119 Loading Space: 10' x 22' & 12' x 50' loading spaces OK, Per prior Plan Approval were previously approved by Plan Approval on June 6,2007. Density 46(3)bedroom units with lockoffs OK, 1.77 x 43,560 sq. ft. =771,012 sq. ft. 46=46 =92 Divided by 750(density for V-.75) = 103 units Final Plan Approval PLA-17- 001427 (TMK:7-5-08: 011) May22,2017 Page 2 of 3 Fencin and Walls: Material N/A OK Height N/A OK Location N/A OK Landscaping Proposed: OK New landscaping surrounding entire project in conformance with Rule # 17. Others Tax Clearance OK, per letter of tax clearance from RPT dated April ----------- 21, 2017 and paid up to June 3 0,2017 Site Drainage Plan OK. Approved by Dent. of Public Works 4/19/17 SMA Permit#388 AoDroved on December OK.Interpreted by Planning Director that they do not 14, 1998 for 48 (2)bedroom units. need to return to the Planning Commission for 46(3) bedroom units since they will he sold as 46 units and parking is adequate to handle the total number of keys. Conditions of Annroval: 1. Aronroved landscaping to be installed and maintained prior to issuance of the Certificate of Occupancy 2. No exterior liahtine fixtures are shown. All exterior li2htine shall comply with Chanter 14,Article 9 (Outdoor Liahtin2)of the Hawai'i County Code.includine shielding direct transmissions to neighboring properties. open sky and public lands. 3. Accessible Parking Spaces shall be designed and installed in accordance with all current Federal and State standards and reauirements for a facility or site. The following links below are provided to assist in determining current Federal and State reouirements for number of stalls. access aisle, striping. si ng_age, and loading zone. These links are not inclusive and are provided by the County for public education and information purposes. The Planning Department makes no representation for the completeness or correctness of this list. State of Hawaii Disability and Communications Access Board: http://health.hawaii.gov/dcab/parking and http://health.hawaii.2ov/dcab/files/2013/05/DCAB-Parking- Brochure-11-29-12A.1df Hawaii Revised Statutes Section 103-50: http://www.capitol.hawaii.gov/hrscurrent/Vo102 Ch0046- 011 5/HRS0103/HRS 0103-0050.htm Hawaii Administrative Rules Title 11, Chapter 219: http://health.hawaii.aov/dcab/files/2013/0I/Hawaii-Administrative-Rules-Title-1 l-Chapter-219- Parkin2-for-Persons-With-Disabilities l.vdf U.S.Department of Justice: https://www.ada.2ov,2010ADAstandards index.ht U.S.Dept.of Housing and Urban Development: http://t)ortal.hud.2ov/hudoortal/HUD'?src=/pro2ram offices/fair housine equal o= Final Plan Approval PLA-17-001427 (TMK:7-5-08: 011) May 22,2017 Page 3 of3 If any of the above federal and state laws recommend and require more stringent a�g standards for persons with disabilities than those contained in the above cited sections, those requirements shall be followed. 4. No Modifications to Plans without Prior Written Approval. All work shown on the development plans covered by this Final Plan Approval shall be completed as shown. No additions, substitutions or alterations to the site,parking, landscaping, or building design plans covered by this Final Plan Approval,nor any modifl-,.ation of the types of uses designated therein,shall be made without prior written aooroval of such chanties by the Planning Denartment. A request for approval of such changes shall be submitted in writing and include scaled plan sheets clearly depicting and specifying all proposed changes. Upon assessing the requested changes.the Director may approve or deny the requested changes or require a new,complete application for Plan Approval where the Director finds the changes to be substantial. Prior to approval of a Certificate of Occupancy(C.O.),the Planning Department may inspect the subject property to verify compliance with the approved plans. A C.O. shall not be U12roved where the buildings_site improvements_landscaping or use plans are found by the Director to be inconsistent with the submittals for which this Final Plan Annroval is issued. S. This Final Plan Approval is valid for two years from the date of approval, and shall expire on May 21.2019. 6. Applicant shall comply with all other applicable laws. rules, regulations and reauirements ofHawai'i County. 7. Prepare an easement for all sidewalks and riahts-of-way,within your orooerty, to be tiranted to the County of Hawaii for public use. This must be complete and accepted by the County of Hawaii then recorded with the Bureau of Conveniences prior to the issuance of certificate of occupancy; Of ing Director �jte -—1a;22, 2017 TKD/tkd: •c.h14I --.planning'>tattvTerryvAAA-REVIEWSvTMK 7-5-018[IT Grand Kona ResortTMJ<.7-5-OJg-OI I GrandK003resortPlan Approval.doc EXHIBITC SPECIAL MANAGEMENT AREA USE PERMIT NO. 388 January 21, 2021 Mitchell D.Roth °' - '; Nancy Carr Smith,Chair Perry Kealoha,Vice-Chair Barbara Defranco Lee E.Lord r / Max Newberg Managing Direcior �'i•• ;f► 'k_►� Mark Van Pernis Michael Vitousek County of Hawaii Faith"Faye"Yates LEEWARD PLANNING COMMISSION Aupum Center • !01 Pauaht Street.Suite 3 - Hilo,Hawai'l 96720 Phone(808)961-8288 • Fax(808)961-8742 JA J 2 J. 2021 Mr.Michael L. [osua Ms.Kimberley W.Yoshimoto lmanaka Asato 745 Fort Street Mall, 17'Floor Honolulu, HI 968I3 Dear Mr.Iosua and Ms.Yoshimoto: SUBJECT: Special Management Area Use Permit No.388(Docket No.98-000007) Applicant: DPM Acquisition LLC dba Diamond Resorts International (former l lteific Monarch Resorts,Inc-) Request: • - ear Time Extension to Comply with Condition No-2 (Time to Complete Construction) Tax Mao Ke_y, 3 7-5-018:011 The Leeward Planning Co i-ssinn at its-dury held public hearing on December 17, 2020, voted to approve the above-referenced request to amend Special Management Area Use Permit (SMA 388) to amend Condition No. 2, which allowed the development of a commercial/condominium complex and related improvements on 76,739 square feet of land. The project site is located on the makai side of Ali' i Drive bounded by Ali'i Drive and Kahakai Road, south of Royal Kona Resort and north of Kona. Reef Condominium, Pua'a 3rd,North Kona, Hawai'i. Approval of this amendment is subject to the following conditions: 1. The applicant, its successor or assigns shall be responsible for complying with all of the stated conditions of approval. 2. Construction of the proposed development shall be completed within 5 years from the effective date of this third amendment, in accordance with the following schedule: a) Application for Plan Approval shall be submitted to the Planning Department no later than January 30, 2022; b) Application for Building Permit shall be submitted no later than January 30, 2023; and c) Construction shall commence no later than January 30, 2024. Failure to comply with this schedule Hawaii Coumy is an Equaf Opportunity Provider and Employer Mr.Michael L. iosua Ms.Kimberley W. Yoshimoto Imanaka Asato Page 2 shall result in the automatic nullity of this permit, except that if the project is substantially constructed but not completed, a time extension to complete construction may be granted by the Leeward Planning Commission. 3. The applicant shall provide a site maintenance and safety program to the Planning Department for review and approval within 60 days of the effective date of this third amendment. In the development of this program, the applicant shall make reasonable efforts to consult with neighboring residents by providing a copy of the draft program by mail or email to the Kona Reef Owners' Association and individuals that testified verbally or in writing at the October 15, 2020 Planning Commission hearing and/or the December 17, 2020 Planning Commission hearing for feedback in preparation of the program submitted to the Planning Department for approval. Said program shall include a discussion of the consultation process, an analysis of the need for an interim pedestrian walkway fronting the property's road frontages; implementation timetable; and contact information of the responsible person or company.This program shall be in force until physical construction commences. 4. A sewer line shall be installed to tie in with the Ali'i Drive Interceptor Sewer meeting with the approval of the Department of Environmental Management. 5. Ali'i Drive and Kahakai Road shall be improved along the property's frontage with curb, gutter, and sidewalk construction, pavement widening, drainage improvements, and relocation of utilities along the Ali'i Drive and Kahakai Road frontages meeting with the approval of the Department of Public Works. The street widening and roadside improvements required by this condition shall be installed along an alignment meeting with the approval of the Department of Public Works. Any portion of the subject parcel upon which the improvements to meet this condition are installed, shall be subdivided and dedicated to the County, upon satisfactory completion and prior to the issuance of a Certificate of Occupancy, at no cost to the County. 6. Should any remains of unidentified historic sites such as rock walls, terraces, platforms, or human burials, lava tube or cave systems be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 7 If the applicant should require an additional extension oftime,the applicant shall submit the request to the Planning Commission for appropriate action Mr.Michael L. losua Ms.Kimberley W.Yoshimoto lmanaka Asato Page 3 Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate procedures to revoke the permit. [Note: Ramseyer version available upon request.] This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Approval of this permit is based on the reasons given in the attached Findings Report. Should you have any questions,please contact Jessica Andrews of the Planning Department at 961-8155. Sincerely, ■ ■ ; n — S-.,sZ 1//21/2021 1 9:34 PM HAST aflIOE61g f 1Etrr tlh,(--A'lr Leeward Planning Commission LDPMAcquisi I ionAmendSMA.f88\pc Enclosure: PC Findings Report cc w/enclosures: Department of Public Works Department of Water Supply County Real Property Tax Division-Hilo Department of Environmental Management GIS Section Plan Approval Section DPM Amend SMA 01/17/202\JMA COUNTY OF HAWAPI PLANNING COMMISSION FINDINGS DPM ACQUISITION LLC,dba DIAMOND RESORTS INTERNATIONAL (FORMERLY PACIFIC MONARCH RESORTS,INC.) AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT NO.388 Based on the following findings, an amendment to Condition No. 2 (time to complete construction) of Special Management Area Use Permit No. 388 is hereby approved, to allow the development of a commercial/condominium complex and related improvements on 76,739 square feet of land. The property is located on the makai side of Ali'i Drive bounded by Ali'i Drive and Kahakai Road, south of Royal Kona Resort and north of Kona Reef Condominium, Pua'a 3rd,North Kona,Hawai"i, TMK: 7-5-018:01 I. The applicant is requesting a five-year time extension to comply with Condition No. 2 (time to complete construction) of Special Management Area Use Permit No. 388, which was approved on December 14, 1998, to allow the development of a commercial/condominium complex, with 7,007 square feet of retail space, forty-eight (48) 2-bedroom condominium units and related improvements on approximately 76,739 square feet of land. Final Plan Approval for the project was issued on June 6, 2007. On September 19, 2009, the Planning Commission granted a five-year extension of the time to complete construction. On May 15, 2014, another amendment was approved to allow a five-year time extension or until May 15, 2019, to comply with Condition No. 2. The most recent Plan Approval, dated May 22, 2017, approved four levels of timeshare resort units above an existing concrete parking garage. The proposed development will consist of forty-six(46) 3-bedroom units with 119 parking stalls and perimeter landscaping. Previously, the total combined area of 76,739 square feet consisted of parcel numbers 11, 16, 26, 78, and 80, and portions of property (parcel numbers 11, 78 and 80) were used for a mini golf facility. Since that time, the parcels have been consolidated into one parcel totaling 76,739 square feet. Condition No. 2 states: "Construction of the proposed development shall be completed within 5 years from the effective date of this amendment." The applicant cites the reasons for the delay since the approval of the previous time extension amendment request, which include fiscal challenges with the previously proposed design of the project that make it impossible to meet the current deadline to complete construction. After assuming ownership of the property in 2013, Diamond Resorts had the opportunity to conduct a feasibility study to determine the current actual cost for the original design of the project. The study revealed that the actual cost exceeded the budget allotted for the project by a range of 20 to 30 million dollars. The applicant has stated that the design is currently being modified to make it economically feasible for build out and completion. The redesign effort has caused significant delays that have led to this time extension request. Several building permits have been issued and final inspections completed for construction of retaining walls, structural columns for the foundation and an elevated concrete slab. An electrical permit was issued and final inspection completed for the installation of empty electrical conduit. Construction is currently on hold pending the approval of the amendment request to SMA Use Permit Condition No. 2 for a time extension to complete construction. Additionally, the applicant states that the design is currently in the process of being modified. Final plan approval stipulates that there shall be no modifications to plans without prior wrinen approval of such changes by the Planning Department. The current plan approval expired on May 21,2019. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and are not the result of their fault or negligence. According to the applicant, there were numerous reasons for the delay, which include fiscal challenges with the previously proposed design of the project that make it impossible to meet the current deadline to complete construction. After assuming ownership of the property in 2013, Diamond Resorts had the opportunity to conduct a feasibility study to determine the current actual cost for the original design of the project. The study revealed that the actual cost exceeded the budget allotted for the project by a range of 20 to 30 million dollars. The applicant has stated that the design is currently being modified to make it economically feasible for build out and completion. The redesign effort has caused significant delays that have led to this time extension request. Therefore, the non-performance was a result of conditions that could not have been foreseen by the applicant and are not the result of the applicant's fault or negligence. Granting of the time extension would not be contrary to the General Plan, Kona Community Development Plan or Zoning Code. The General Plan designation for this area is Resort Node,which allows for a mix of visitor-related uses such as hotels,condominium-hotels {condominiums developed and/or operated as hotels), single-family and multiple-family residential units, golf course and other typical resort recreational facilities, resort commercial complexes and other support services. Only Major Resort Areas are identified as Resort Nodes on the LUPAG Map. The property is zoned Resort-Hotel District (V-.75). The Kona Community Development Plan (CDP), adopted in 2008, includes the subject property in the Urban Area. The granting of the time extension would not be contrary to the objectives and policies of General Plan, the Kona CDP or the Zoning Code. Granting of the time extension would not be contrary to the original reasons for the granting of the Special Management Area Use Permit. The original reasons for the approval of Special Management Area Use Permit No. 388, and its amendments, are still applicable today and the request is not contrary to these reasons. Based on the discussion above, the request for a 5-year time extension to Condition No. 2 (time to complete construction) of SMA Use Permit No. 388 would not be contrary to the General Plan or Zoning Code nor the original reasons for granting of the permit. This approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. -2- At their December 17, 2020 meeting,the Leeward Planning Commission voted to change Condition No. 2, from what the director recommended, in order to establish intermediate construction deadlines. The objective was to require that the applicant meets each successive deadline and shows substantive progress towards completing the project. The Commission also added Condition No. 3 in order to establish a site security and maintenance program to address public testimony. Additionally,the condition was added to require that the applicant contacts and addresses the concerns of surrounding property owners and public testifiers. Based on the preceding findings, the proposed development will not have substantial adverse impacts on the environment, nor will its approval be contrary to the objectives and policies of Chapter 205A, HRS, relating to Coastal Zone Management and Rule No. 9 of the Planning Commission relating to the Special Management Area. -3- EXHIBITD STATE HISTORIC PRESERVATION DIVIVSION APPROVAL LETTER March 14, 2019 xl ref- i••: li•l��. ARo 1 2019 navmv,rcr su?.ANNEo.002..s..JJr. r--.,• """ GOVER.NOROFffAWAU T�1 17 '{�'�►'~� UWX - tH.:'::),•:,II�;•'JJ z J 1 1 .�� ft.:19 Sg• / C��YZ —� ROB£RT EPIlASJ7D.9••-}" PLANNit C Df."'ARTM L KALIfEN f;-� g LIFOP 'L rY .- P d/ y -y _F\/ COUNTY OF HAWAII , oEPUT� t� ATICIU.SOUICES £! „ ?.q •9 ` BOAIMAa DocEANu EAHON BUREAUOFaJNNEYANCES- -- STATE OF HAWAII ` U-6,,',I;N'r d 'r�+ealfla+'r°h \� J�iCCT�7• .,•---..,L. : .. DEPARTMENT OF LAND AND NATURAL RESOURCES mSrOU:PRESravA.Ii:I,r KNuIOI A V.I,t ISi A'I?ILISIRV[CXINNIMIA • LAND - -- STATE HISTORIC PRESERVATION DIVISION ---.TA1J,PARKS KAKUHIHEWA BUILO[NG 601 KAMOKILA BLVD,STE SSS KAPOLEI, HAWAII 96707 ., ,�•��„�� • - ,• March 14,2019IN REPLY REFER TO: Michael Yee,Planning Director Log No.2018.02925 County of Hawaii- Planning Department Doc No.1902GC26 101 Pauahi St.,suite 3 Archaeology Hilo- Hawai'i 96720 Email:christian.kaX(&_hawaiicountv.gov Russell Y.Tsuji,Land Administrator Land Division,Department of Land and Natural Resources P.O. Box 621 Honolulu,Ill 96809 Email;Dar]ene.K.NakamuraLahawaii. ov Dear Mr.Yee and Mr.Tsuji: SUBJECT: Chapter 6E-42 Hi-.toric Preservation Review- Special Management Area(SMA)Use Permit No.388(Docket No.98-000007) Request for Time Extension to Comply with Condition No.2(Time to Complete Construction) Pua'a ycIAhupua'a,North Kona District,Island of Hawai'i TMK:(3)7-5-018:011 This letter provide-sthe State Historic Preservation Division's(SHPD's)review of the subject application received by our office on December 12, 2018. The applicant/owner, DPM Acquisition LLC, dba Diamond Resorts International,requests a 5-year extension to comply with Condition No.2 of SMA Use Permit No.388(Docket No. 98-000007),within the 1.735-acre property identified as TMK:(3)7-5-018:011. The submittal indicates that the current owners acquired the property in 2013 from Pacific Monarch Resort, Inc. After assuming ownership of the property, Diamond Resorts uncovered fiscal challenges with the previously proposed design for the development of a commercial/condominium complex and related improvements. Diamond Resorts indicates that it is impossible to meet the current deadline to complete construction by May 15,2019.Per the submittal,three time extensions have been granted to SMA 388 as follows: I. In 2002,the Planning Director granted an initial administrative time extension to December 13,2008, to complete construction; 2. On October 6, 2008, the Commission granted a 5-year time extension to December 13, 2013, to complete construction;and 3. On June 14,2014,the Commission granted a third time extension to May 15,2019. A review of SHPD records indicates that numerous archaeological studies have been conducted along Ali'i Drive near the current project area. These studies documented numerous traditional and historic properties including, habitation complexes, platforms,lava tubes(probable sleeping or storage area);discontinuous wall segments,burial platforms, agricultural remnants, and permanent habitation sites. Additionally, our records indicate that no archaeological inventory survey has been conducted for the subject parcel. 124402 Michael Yee and Russell Tsuji March 14,2019 Page2 Based on the information provided the SHPD has no objections to the project proponents request for a time extension. However,SHPD requests the opportunity to review any permits involving future ground disturbances associated with development of the subject project property. Please contact Dr.Susan A. Lebo,Archaeology Branch Chief,at{808)692-8019 or at Susan.A.Lebotai)bawaii.cov for any questions regarding this letter. Aloha, ,1/aJt Wlttr Alan S.Downer, PhD Administrator,State Historic Preservation Division Deputy State Historic Preservation Officer cc: public works(&,,hawaiicountv.uov Dlanninu a hawaiicounty.uov J •• _ -MA-IM0H o � EXHIBITE DRAFT ARCHAEOLOGICALAS SE S SMENT TMK: (3) 7-5-018: Ol l Kulaiwi Archaeology, LLC June 2023 Report KA-0061-061423 DRAFT ARCHAEOLOGICAL ASSESSMENT TNIK: (3) 7-5-18: 011 PUA'A 3rd AHUPUA'A NORTH KONA DISTRICT ISLAND OF HAWAI'I By: Solomon Kailihiwa, M.S., Juliana Kailihiwa, B.A., and Dave Henry, B.S. Prepared for: Baywood Hotels 7300 Blanco Rd.,Ste 701 San Antonio,TX 78216 June 2023 KULAIWIARCHAEOLOGY , LLC Archaeological,Cultural, and Historical Resource Management Services P.O.Box 1213,Captain Cook,Hi 96704 Phone:808-493-8 8 84 TMK: (3)7-5-18: 011 Project KA-061-061423 INTRODUCTION At the request of Nick Naik of Baywood Hotels, Kulaiwi Archaeology, LLC has prepared an archaeological assessment for the 1.753-acre parcel TMK: (3) 7-5-18: 011 situated in Pua'a 311 Ahupua'a, North Kona District, Island of Hawai'i(Figures 1 and 2). The objective of the survey was to satisfy historic preservation regulatory review requirements of the Department of Land and Natural Resources-Historic Preservation Division (DLNR-SHPD), as contained within Hawaii Administrative Rules, Title 13, DLNR, Subtitle 13, State Historic Preservation Rules (2003). No archaeological sites or features were identified during the survey, therefore the project is documented as an archaeological assessment pursuant to Chapter 13-284-S(SA). As required, this report contains a description of the project area, background and field methods. Project Area Description The project area is an irregularly-shaped 1.753-acre area located in Pua'a 3'd Ahupua'a between 10 and SO feet elevation above mean sea level. It is bordered on the north by the Royal Kana Resort Tennis Club, on the east by Ali'i Drive, and along the west and south sides by Kahakai Road. Figure 3 shows the eastern side of the project area fronting Ali'i Drive and Figure 4 shows the southern side of the project area along Kahakai Road. The soil within the project area consists of Waiaha-Punaluu-Lava flows complex 2-10% slopes. It includes Waiaha medial silt loam, Punaluu series soil, and pahoehoe outcrop (usda.gov 2022). Waiaha medial silt loam consists of 8 inches of medial silt loam over 7 inches of extremely cobbly medial fine sandy loam above pahoehoe bedrock. Punaluu series soil consists of 6 inches of decomposed plant material over pahoehoe bedrock. The project area has been completely graded and mechanically altered. The vegetation is currently maintained with herbicide. Rainfall in the vicinity of the project area averages ca. 40 inches per year(Juvik and Juvik 1998:57). Methods The fieldwork portion of the project was conducted by Kulaiwi Archaeology, LLC Principal Investigator Solomon Kailihiwa, M.S. and Senior Archaeologist Juliana Kailihiwa, B.A. on May 30, 2023. Approximately 4 person hours were required to complete the survey. The archaeological investigation of the project area consisted of a 100% surface examination of the parcel. Ground surface visibility throughout the parcel was excellent. No subsurface testing was conducted and no cultural remains were ecovered for analysis. KULAIWI ARCHAEOLOGY I TMK. (3)7-5-18. 011 ProJeCt KA-061-061423 HAM HONMAA Ir/( WAIMEA I( ` HILO ry Y `Q r KAIWA W T• i"+ 4 1{�A�AKo KcaAion P OA PAHALA Ka' ua- Aala,o �► *wx �.�� Kolima v , 9 r x BM ! z 7 �, IAA LUA • .� , 1, Laniak a r . .,•• '.Cem Gern Onao Bay r- ,k �l tKalae — ..... C� Paakai m y�� . : •. ��i WT ockst cs.• Water, N v% lcanks Project area M Hiilcre ->F Park 0 1 DOOm . Figure 1. Portion of 1996 USGS 7.5'Kailua Quadrangle showing project location(obtained from usgs.gov). KULAIWI ARCHAEOLOGY 2 TMK. (3)7-5 18 011 Project KA-061-061423 N "N A MEMEMEMEMEEf- Figure 2.TMK(3)7-5-18 showing location of project area. KULAIWI ARCHAEOLOGY 3 TMK: (3)7-5-18. 011 Proiect KA-061-061423 x i Figure 3. Eastern side of project area fronting Nil Drive,view to the north. ■ii Figure 4. Southern side of project area fronting Kahakai Road,view to the north. KULAIWI ARCHAEOLOGY 4 TMK: (3)7-5-18: 011 Project KA-061-061423 ARCHAEOLOGICAL AND HISTORICAL BACKGROUND Historical Documentary Research The project area is located in Pua'a 316 Ahupua'a at approximately 10-50 feet elevation (Figure 5). The land of Pua'a originates at the shoreline of Oneo Bay near Kalae Pa'akai, and extends inland approximately 6,500 meters(4-miles)to 3,200 feet elevation. Pua'a is divided into three division {Pua'a I't,2nd and 3'd), with Pua'a 1 It bordered by'Auhaukea'e 2nd to the north and Pua'a V bordered byWai'aha 1"to the south. According to Pukui and Elbert (1986), Pua'a references pigs, a Polynesian introduction to the islands. One reference cited by Maly (1996) notes that the ahupua a from Lanihau to Puapua'a, including Pua'a, provided the food and natural resources to support a 131'century high chief named Pili-a-Ka'aiea (Pili). Maly translated portions of Ka 'ao Ho'oniva Pu'uwai No Ka-Miki(The Heart Stirring Story of Ka-Miki)a legendary account of two supernatural brothers, Ka-Miki and Maka-'io/e, who traveled around the island of Hawai'i. The account was published in serial form between 1914 and 1917 in a Hawaiian newspaper, Ka Hoku o Hawaii.According to Maly,the account was recorded by Hawaiian historians John Wise and J.W.I. Kihe. Based on Maly's translation and study of the account: The story is set in about the 13th century, in the time of Pili-a-Ka'aiea(Pili), sovereign chief of all Kana, the narrative identifies the lands between Lanihau (Kailua) and Puapua'a as an integral component of Pili's royal domain. Pili was a great advocate of contests in debating,fighting,and contests of physical strength, and Hinakahua at Puapua'a was the site of the chiefs longhouses and contest field,which supported these activities.While Pili was at Hinakahua he was supported by the agricultural and natural resources of the surrounding ahupua'a,including Kahului,Wai'aha, Pua'a, Auhaukea'e, Hinaloli (Hienaloli), Honua'ula, Keopu, Moeauoa, and Lanihau. Pili's royal compound was at Niumalu, his canoe fleets were harbored at Oneo,and his wealth-houses(where tribute was kept until it was needed) were situated at Ahu'ena(Lanihau).{Maly 1996:A-2) The importance of the project area vicinity to the Hawaiian royalty continued into the post-Contact period. In her later years, Queen Emma,wife of Alexander Liholiho(Kamehameha 11),had a residence and associated gardens in inland Wai'aha, adjacent to Pua'a 3 to the south. Her residence is depicted on Emerson's 1880s map of Kailua, presented as Figure 6 Error! Reference source not found.below. This map depicts Queen Emma's house in the inland portion of the ahupua'a. Early events documented in the Kona regional traditional history are associated with 'Umi-a-Liloa who united Hawai'i Island through conquest and moved the royal center from Hamakua to Kana (Kamakau 1961). The area lies within the realm of the traditional Hawaiian political authority that was centered in the Kailua-Keauhou area from at least the 15th century to the reign of Kamehameha 1.With the arrival of Kamehameha I and his court in Kana,the area between Kamakahonu (on the north side of the present- day Kailua pier) and Puapua'a became an extended royal center, a hub of activity that focused on the support of the king and his large court. According to Kamakau(1961:221-222): ...at Kamakahonu could be seen at night the sparkle of lights reflected in the sea like diamonds, from the homes of the chiefs from Kahelo[in Puapua'aiki] to Lanihau.The number of chiefs and lesser chiefs reached into the thousands. KULAiWiARCHAEOLOGY 15 TMK. (3)7-S 18 O11 Project KA 061-061,123 mnn,.r 76W 3000 320y comou.heo,.-�I•••�oo�m ZxW xaop � � 0 , a�a�ommiss�oa-wam - Q.d:1.K.'ahamana H J,way KfiaCai-HiBnW WRoad PPIAG boa Rw -'" � _ ..�--'-- - - 21010 MIEN AL0ll 6 �1�.^'-` -- .--- -f -xEAE 1 i. p' ''+ --�'S�__� �_-� •'mn � 1�.•`- \ r,Ala �1 C ---".\.�._.. W Af`AHA 1 '--M - A Z I KAHUEUx � < w' T _ y�- 1 Nmrvl3oul -- K►NU`Ul, x^NLL4U1 2 l 1 Norm,(—Setfdoaa F '!Qrrrc Kua Lim wgo-w 0 1000m Figure 5. Ahupua'a boundaries,Land Commission Awards(adapted from USGS 19967.5'Kailua Quadrangle). KULAIWIARCHAEOLOGY 1 6 TMK: {3)"/-5 18 011 Project KA-061-061423 L G ib Ar �, Z c .' u..�/ I f /e,, �. CA- kA wo � e3��£/ O - Lam, �/ L s5sa c,.r'.. `` `�• .Y j5f�)/D��,�erah%£ •/�(- 1 �y.•9 L O rIJ�-i ,- 6 -�-'.F� �,•Z �a �% N ��N y a i ��' ( B°9C5 ��..✓.. JCre—_pap t`�--^~���' �'i� iG.Jm �' .,..,<...a. i ,�-"+eet°` �n I -!'.• t ...r-- Gr+^f�,.r' p ti A?� -: 14 �'.ae+s••, "' �keac`_„ �.. queen Emma's House =' r a,ea.y �r. f„w:ff - �aPo�.�fea or.°f .Pp/MK%rw q ,. Grz;za-�'rrc ^`n. r" A Y .. etc x°?'e A Project Area t. /ry.� K A N •(.ems/� HiHawaii Belt Road xbr,.,uvar ae r yF.h 4 L�j7° o Forest Boundary 71 r9 J -t 15g3 N,- xeavtrc p A.✓<vx rjO 4M� g1i3�'{���.fl�'a !.yn�2i3�f� 4 Figure 6.Portion of Emerson's 1800s Register Map 111280(obtained from DAGS). KULAIWI ARCHAEOLOGY TMK: (3)7-5-18: 011 Project KA-061-061423 The earliest detailed historic account of the area south of Kailua Town comes from English missionary William Ellis who visited the area in 1823. Leaving Kairua[Kailua], we passed through the villages thickly scattered along the shore to the southward.The country around looked unusually green and cheerful,owing to the frequent rains, which for some months have fallen on this side of the island.Even the barren lava,over which we traveled,seemed to veil its sterility beneath frequent tufts of tan waving grass,or spreading shrubs and flowers. The sides of the hills, laid out for a considerable extent in gardens and fields, and generally cultivated with potatoes, and other vegetables, were beautiful. The number of heiaus, and depositories of the dead,which we passed,convinced us that this part of the island must formerly have been populous.The latter were built with fragments of Java, laid up evenly on the outside, generally about eight feet long,from four to six broad, and about four feet high. Some appeared very ancient, others had evidently been standing but a few years.(Ellis 1963:72-3) Schilt(1984)summarized Kailua's early historic period. In the late 1700s to early 1800s, Kamehameha monopolized foreign commerce including the provisioning of trading and whaling ships and, beginning in 1811, the sandalwood trade. The first missionaries arrived in Kailua in 1820, but only stayed a few months. They returned in 1823 and were given land to establish missions and by 1825,schools.The gradual shift from subsistence farming to a market economy began with the introduction of coffee, corn, pumpkins, cotton, pineapple, and Irish potatoes in the 1820s to 1840s. Introduced early historic crops cultivated in the vicinity of Kailua below 500 ft elevation included melons,cabbage, onions, oranges, and tobacco.The introduction of cattle ranching and commercial coffee production in the mid-1800s caused further change to the traditional agricultural system. Cattle ranching in Kona began in the early 1800s although free ranging cattle became a problem in the area soon after they were introduced. According to Kelly: Cattle, introduced to Kona by Vancouver in 1794, became a nuisance later,when their numbers increased.They fed on grass of the ku/a and from time to time on the thatch of Hawaiian homes and on vegetables in their gardens.The open upland fields,bounded only by low earth and stone walls,were in full cultivation in the 1850s. (Kelly 1983:76) In the 1840s, political acts of the Hawaiian Kingdom government would change the land tenure system in Hawai'i. All lands were segregated into one of three categories: "Crown Lands" owned by the occupant of the throne, "Government Lands" controlled by the state, and Xonohiki Lands" controlled by the chiefs; and "were all subject to the rights of native tenants" {Chinen 1958:29, Beamer 2014:143). In 1846, King Kamehameha III appointed a Board of Commissioners commonly known as the Land Commissioners, to "confirm or reject all claims to land arising previously to the 101h day of December, AD 1845." Notices were frequently posted in The Polynesian (Moffat and Kirkpatrick 1995); however, the legislature did not acknowledge this act until June 7, 1848 (Chinen 1958:16; Moffat and Kirkpatrick 1995:48-49) and the act is known today as The Great Miihele. In 1850, the Kingdom government passed laws allowing foreigners to purchase fee simple lands (Speakman 2001:91). The Kuleana Act of 1850 allowed for fee simple land ownership by commoners. The Waihona 'Aina (2000) Mahele Database; which is a compilation of data from the Indices of Awards (Indices 1929), Native Register (NR n.d.), Native Testimony {NT n.d.), Foreign Register (FR n.d.) and Foreign Testimony (FT n.d.); lists 14 Land Commission Award (LCA) parcels that were claimed in Pua'a 1, 2 and 3, all of which were awarded (Table 1). The entire land of Pua'a 1 was awarded to Lota Kapuaiwa Kalanimakua (Kamehameha V) under LCA:7715:13. Of the 13 remaining claims, six are located in the seaward portion of Pua'a below approximately 100 feet elevation (LCAs 4140, 7074,7078,7080,7081, KULAIWI ARCHAEOLOGY 1 8 T M K: (3)7-5-1 8: 01 1------------------------------------------------------------ PI-oject KA,061-061423 7968), and six are located in the inland portion of the area, along the inland and seaward sides of the Hawaii Belt Road, at elevations ranging from approximately 1,350 to 1,500 feet. The remaining claim (LCA 10267) has parcels in both the inland and seaward portions of Pua'a. This pattern of coastal house lots and associated upland agricultural parcels is seen throughout the Kona region. This coastal/upland relationship is described by Borthwick et al. below: This Mahele induced pattern reflects the traditional Hawaiian settlement pattern where permanent habitation was concentrated at the coast and subsistence oriented agricultural pursuits extend up slope in a zonal pattern based on the correlation between rainfall and elevation. Traditionally there was a continuum of utilization through the zones (Kula, Kalu'ulu, Apa'a,and Ama'u).However,because of restrictions of the Kuleana Act itself,claimants were only awarded certain specific lots.Thus,the mid-1800's settlement pattern,as evidenced by the LCA data, included permanent habitation coastal house lots with upland agricultural lots.The upland lots,however,were separated by a considerable expanse of land that had formerly(traditionally) been an integral part of the agricultural system which provided the necessary mix of subsistence oriented crops. (Borthwick eta[. 1997:10) Table 1. Land Commission Awards in Pua'a. LCA Claimant Ahupuaa Iii Royal Patent Claim awarded Date Rec'd Giver Acreage Contents of claim 4140 Kamanawa Pua'a 1 nd 2152 Yes nd Parents 2.1 House lot 6181 Iwaiwa Pua'a 3 Kamuku 8031 Yes 1819 Parents 1.56 nd 6241 Kanaka makua Pua'a 3 nd 8071 Yes nd nd 1.38 House lot 7074 Kanewahilani Pua'a 1 nd nd Yes 1845 nd 0.18 House lot 7076 Kupihe Pua'a 2 Ohiki 6105 Yes nd Grandparents 1.1 1 kihapai 7078 Keulua Pua'a 2 nd 4357 Yes Kam I times nd 0.76 House lot House I o t 7080 Kahaulelio Pua'a 1 nd 8521 Yes nd Maukas 1.79 7081 Kaiweikui Pua'a 3 Haulea nd Yes nd Maukas 0.37 House lot 7481(in Kalae Pua'a 3 Kamuku 3682 Yes 1838 Lumaawe 1.61 2 kihapai proiect are 7715:13 Lota Kapuaiwa Pua'a 1 nd 7845 Yes 1850 order of King nd Kai ani makua 7951 Kanewa(wahine) Pua'a 2 Kamuku 6106 Yes 1819 Waiau 0.88 nd 7968 Kahaunapa Pua'a 1 Kealaloa, 6188 Yes nd Parents 0.26 2 house lots Maunui (enclosed) House lot 10267 Molowaole Pua'a 2 Ohiki 5000 Yes 1847 Kamanawa 0.69 (enclosed),1 kihapia F10270 Mailou Pua'a 2 Ulumoe, 8050 Yes 1824 konohiki 1.0 nd Kaawa nd-no data Excluding the large claim to Kamehameha V, the awarded parcels range from 0.18 to 2.1 acres in area with an average of 1.05 acres.The claim testimonies refer to four cultivated parcels referenced as kihapai i TMK: (3)7-5-18: 011 Project KA-061-061423 claims,with enclosures surrounding the house lots mentioned in two claims. There are seven associated iii mentioned in testimony consisting of Kamuku, mentioned three times, Ohiki, mentioned twice and Haulea,Kaawa, Kealaloa, Maunui, and Ulumoe each mentioned once. LCA 7481 is located in the southern portion of the project area. This was awarded to Kalae as Royal Patent 3682 and consisted of a 1.61-acre claim comprised of two partially cultivated land sections. This area is currently covered by an asphalt parking area. Figure 6 is a portion of J.S. Emerson's 1800s Register Map 1280 of Kailua Town and vicinity obtained from the Archives Division of the Hawai'i Department of Accounting and General Services (DAGS; http://ags.hawaii.gov/survey/map-search). The map shows the seaward boundary of the inland forest was at approximately 600 ft elevation in the project area vicinity. The path of the current Mamalahoa Highway(Hawai'i Belt Road) is also shown in this map,indicating the road was in use atthis time. The Figure 6 map also depicts land grants in the area. Grant 1744 to Kahaunae comprises the seaward portion of Pua'a 2 with the inland portion consisting of Grant 982 to Naipu Wailuna and Grant 926 to Pupule. Pua'a 3 was awarded to J. Marechel as Grants 863 and 2120. The current project area is located seaward of Grant 2120 to Merechel. Commercial sugar cane cultivation in the Kailua area was attempted in the late 1800s but was abandoned by the mid-1920s (Kelly 1983).The Kona Sugar Company was established in 1899 and built the first mill in 1901 in upland Wai'aha overlooking Kailua. Figure 7, also obtained from DAGS, is a portion of the 1928 USGS Kailua Quadrangle. This map depicts the mill situated above the Kahului-Hienaloli Road at approximately 700 ft elevation.According to Maly,the sugarcane fields"... extended south from Wai'aha to Holualoa-Kaumalumalu,on fee and leasehold lands.With the success of the sugar crop,the plantation fields were soon expanded south in favorable localities, including the kula lands between Honalo and Kalukalu-Onouli" (Maly 2001:283). A railroad line, constructed to transport sugar cane to the mill originated in Honuaula Ahupua'a and extended 11 miles to the south where it terminated in Keopuka in South Kana (see Figure 7). Construction of this substantial railroad line began in 1901 by the West Hawai'i Railway Company (Conde and Best 1973). According to Burtchard: ...during its short life span the sugar line was most impressive,at least architecturally.The stone work used to span ravines and other irregularities in Hualalai's rough western slope provides a number of excellent examples of dry-laid dressed stone masonry over a rubble core berm.The constructed berm ranges from less than one to as much as 15 m (SO feet)in height.The stone work in this feature is uniformly well executed.In recognition of the historical significance of the rail line, the site is listed on the Hawaii Register of Historic Places (Site 50-10-37-37-7214). (Burtchard 1996:49) Despite the efforts required to construct the mill and railroad line, the venture was not successful. "The railroad record disappears in 1918 and the sugar company went into receivership in 1926" (Burtchard 1996:49). Figure 7 also indicates that the Mamalahoa Highway and Hualalai Road were in use in 1928. Cattle ranching and coffee cultivation continued during the late 1800s and 1900s. The Figure 7 1928 USGS quadrangle map shows numerous houses along the shoreline inland of Kailua and Oneo Bay and along the inland and seaward sides of the Mamalahoa Highway. KULAIWI ARCHAEOLOGY 1 10 TMK ( 3)7-5-1 K - 0 11 Project KA-06 1-06 1 423 ,. Nr awau it a ����..���...11 e f. r LAII \ XN ,gu,e 7. Po,Uon ofl928 USGS K.al lua Quadrangle(obtained from"DAGS). KULAIWI ARCHAEOLOGY i 11 TMK. (3)7-5-18: 011 Project KA-06 1-061 423 Figure 8 is a portion of an aerial view of the project area vicinity taken on October 1, 1954 by the U.S. Geological Survey and obtained from the University of Hawai'i at Manoa online library (http://magis.manoa.hawaii.edu). This image indicates that at least portions of the parcel are heavily vegetated and do not appear to have been subjected to widespread clearing. By the 1970s, the rapidly developing tourism industry began to transform the region's land use from ranching and commercial agriculture, except coffee production,to subdivisions, resorts,and commercial establishments. r , t r ref' ? d FYi `iG ? .rr ,r' � � S,A: t .. -:r�' �� y �r , r. �m5 m �� s r y-�5 }gyp !� i.,•, r3 r a a !tt 4 CAR ?! !.r `Sf � t; �, x" �[• t�°�.. :�'4 \�! i`�s��*r� "tsayt����• a�,�^i.:� ' H p�a�,s drr�,so 1h s!4 ` a r �f •,k�' �^s'�,,.• �.'T � �gg�iTf�,��'7 �1ti�-tl�� ����� �'�s , > •K B E. .♦ •' "gym fi -. v`'i .! � ,,r ri A a R.. �+�f u.3 m fi �.^ R k 'Y 3 ��\,� ; �'��,Its 1•��S a'k' %S�it:p� � i� r'. ,� m➢ty ) ! � 4 slit }� 4i' y4 �� 1 4 i e 4yy gg i ,1:�f}, R '! it j }'1 a"�"Ss Xs� •�`!Su JS y' F r/ v Ya "r#' sr�' �,z+ i x r . ?,yS{ mF:iirt .`..prof Figure 8. Portion of October 1, 1954 aerial view of project area vicinity(obtained University of Hawaii at Manoa online library). FINDINGS No archaeological sites or features were identified within the project area. The project parcel was subjected to grubbing,grading, and partial building construction prior to the current study.An SHPD letter dated June 21, 2006, {Log No: 2006.1947, Doc No: 0606JT53; see Appendix A)to Pacific Monarch Resort gave a determination of"no historic properties will be affected"for a prior grading permit. The letter lists "previous grubbing/grading has altered the land" and "This area was previously graded for a miniature golf course and was recently grubbed under permit#91428"as the rationale for the determination. The fieldwork for this study confirmed that the project area has been completely mechanically altered. Figure 9 is an American Land Title Association/National Society of Professional Surveyors(ALTA/NSPS) KULAIWI ARCHAEOLOGY 1 12 I A u 14 u, Figure n 10 Figure ALTAINSPS LAND 77TIE SURVEY .'VW'S70WNG 8cing the lt7 Nl>ld of Lot 4 M sh—on Uop S of Land Clu 10 Applcata)i 1728, and -i7 R-:IAo82,'ffi-oA 21 ........... We'dYlh He,.,i SHFE7 7 OF 2 Fil.,9.December V, ZOZZALTA'NSPSIi1 dT!tl-Slln,,M,igby\4,,Th.—A KIJLAPS T 0CHAlk DLD(IY 113 TMK. (3)7-5-18. 011 Project KA-061-061423 map by Wes Thomas Associates dated December 16,2022, showing the current state of the project area. Structural fill has been added to the western portion of the project area to create a level ground surface across the parcel. Figures 10 through 13 are photographs of the current conditions on site. The building site is currently accessed from the south side of the parcel through a chain link fence into a corridor where a drywell has been constructed between two concrete underground parking structures (Figure 10). Concrete underground parking structures are present along the north, east, and south sides of the project area (Figures 11 and 12). A series of 18 concrete footings dominate the eastern side of the interior courtyard (Figure 13). Figure 14 shows an overview of the interior courtyard area from its northern extent. The absence of archaeological sites within the parcel is due to the fact that it has been completely altered mechanically. No further archaeological work is recommended based on the survey results. M I' 3 fg 1 i k r Figure 10. Overview of project area interior from southern access point,view to the north. KULAIWI ARCHAEOLOGY 114 TMK. (3)7-5-18: 011 Project KA-061-061423 KK r ; - _p� Figure 11. Interior of concrete underground parking structure at southwest corner of parcel,view to the west. }y, e Emil er� n R Figure 12. Interior of concrete underground parking structure along eastern side of parcel,view to the north. KULAIWI ARCHAEOLOGY 115 .w :;� •� e. y 5.,,. �,. 4ee� q.:•r je_ p.� 3 ��'e �twv�i- R' ei 9�r� �.1.� _ rt�' +.,'�"'�.-., �FX� �,a✓sa°,Li �� `uw� �a���s,fxt:'. "s A 4' c .�^` �§��:�a� �.�. 1 d k�.�.��"i4.��.yti�• �w� �C.��'� ���a :ra45.y�` svY �A' r d A P•rk`�4�y^e�"'�*�` 4�s j� s�`� �MFg 1w�nLM � rr.�d �� ,Er � � ��L� �"t' ;';..' N�, :��� .G ..SFr �,�5..' J •��.�"��`'l�.�a"� �2 £rY��',.'d"�" ����'�w� v��,*1,`t TMK: (3)7-5-18: 011 Project KA-061-061423 REFERENCES Archives Division of the Hawai'i Department of Accounting and General Services. 2023 www.ags.hawaii.gov/survey/map-search Beamer, Kamanamaikalani 2014 No Makou Ka Mana Liberating a Nation. Kamehameha Publishing 2014, Honolulu, HI. Borthwick, D.,R. Chiogioji, B.Colin,and H. Hammatt 1997 Archaeological Inventory Survey of a 7-acre Parcel at Pahoehoe, Hawai'i (TMK: 7-7-08:20, 31,and 100). Cultural Surveys Hawai'i report prepared for Mr. John Kingman. Burtchard, G. 1996 "Population and Land-Use on the Keauhou Coast: the Mauka Land Inventory Survey, Keauhou. North Kana, Hawaii Island, part I: Narrative." IARII, Honolulu. On file at DLNR-SHPD. Chinen,Jon J. 1958 The Great Mahele: Hawaii's Land Division of 1848. University of Hawaii Press,Honolulu. Conde,J.C., and G.M.Best 1973 Sugar Trains:Narrow Gauge Rails of Hawaii. Felton, California: Glenwood Publishers. County of Hawai'i Real Property Tax and TMK Maps 2022 www.hawaiicounty.gov DLNR(Department of Land and Natural Resources) 2003 Hawai'i Administrative Rules,Title 13, Department of Land and Natural Resources, Subtitle 13, State Historic Preservation Division Rules. Ellis,W. 1963 Journal of William Ellis, Narrative of a Tour of Hawaii, or Owhyee. Honolulu:Advertiser Publishing Co. FR n.d. Foreign Register of Kuleana Claims Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawaii State Archives. FT n.d. Foreign Testimony Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawaii State Archives. Kamakau,S. 1961 Ruling Chiefs of Hawati. Honolulu:The Kamehameha Schools Press. Kawachi,C.T. 1989 An Upland Habitation and Agricultural Complex in North Kana, Hawai'i Island. Master's thesis, Department of Anthropology, University of Hawaii. KULAIWI ARCHAEOLOGY 1 17 TMK: (3)7-5-18: 011 Project KA-061-061423 Kelly,M. 1983 Na Mala O Kona. A History of Land Use in Kona, Hawai'i. Departmental Report Series 83-2. Department of Anthropology, B.P. Bishop Museum, Honolulu. Prepared for the Department of Transportation, State of Hawai'i. Maly, K. 1996 Appendix A- Historical Documentary Research. Archeological Inventory Survey, Hienaloli 3 and 4, North Kona District, Island of Hawai'i (TMK: 7-5-11:2) by Henry, J.D., T.R. Wolforth, and P.H. Rosendahl. PHRI Report 1348-032996. Prepared for Maryl Development, Inc. 2001 HE WAHi MO'OLELO NO NA'AINA,A ME NAALA HELE I HEHi'IA, MAI KEAUHOU A I KEALAKEKUA, MA KONA, HAWAI'I. A Historical overview of the Lands and Trails traveled between Keauhou and Kealakekua, Kana, Hawaii. Kumo Pono Associates report Moffat, Riley M. and Fitzpatrick, Gary L. 1995 Surveying the Mahele:Mapping the Hawaiian Land Revolution.Palapafa iiina. Editions Limited, Honolulu. NR n.d. Native Register of Kuleana Claims Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands Manuscript. Hawaii State Archives. NT n.d. Native Testimony Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawaii State Archives. Pukui, M.K.,and S. Elbert 1986 Place Names of Hawaii. Honolulu:University of Hawai'i Press. Schilt,A. 1984 Subsistence and Conflict in Kana, Hawai'i. An Archaeological Study of the Kuakini Highway Realignment Corridor. Departmental Report Series 84-1. Department of Anthropology, B.P. Bishop Museum, Honolulu. Prepared for Department of Transportation, State of Hawai'i. Speakman, C.E.,Jr. 2001 An Informal History of the Hawaiian Island. San Rafael: Pueo Press. United States Geological Society(USGS) 2023 www.usas.aov University of Hawai'i at Manoa online library 2022 http://magis.manoa.hawaii.edu Waihona'Aina Corporation 2000 The Mahele Database,Waihona.com KULAIWI ARCHAEOLOGY 1 18 TMK- (3)7-5-18: 011 Prolect KA-061-06 1 423 APPENDIX A pflulAOUM ( `d OINLIHDI CM WATD tJ _ c, atn . VD 0 i 1 .. ",.c.J'CinHCA- y, � STATE OF HAWAII „Q: n uu irn.culoo DEPARTNIENT OF LAND NIT NAtWRAL RESOURCES Dnou✓-::..ul.m ,.,'� I', STATEHISIORIC PRESERVATIO DIVISION IWUV.Pon�nu p::uyl-111tIIIIWIl 601 KAMOKiL.A CODU:VAIIP.IOOYI 13' mm..us KAPOLE HAwA11967Q7 June 21,2006 Pacific Monarch Resort LOG NO:2006.1947 c/o EM Rivera&Sons DOC NO;0606JT53 P.O.Box 9031 Archaeology Kailua-Kona.HI 96745 To whom it may concern: SUBJECT: Chapter 6E-42 Historic Pnservatioo Review- Grading Permit Pua'a J"'Ahupua'a,North Kou District.Island of Hawaii TMK:(3)7-S-018:11,16.26,711,and 80 This project proposes grading 1.25 acres. We believe that no historic propertie.i will be affected by this uudertakjng because: a)intensive cultivation has altered the land b)residential development/urbaniZJUionlw altered the land C8J c) P"'vious grubbing/grading has altered the Land d)an acceptable archaeological assessment or inventory survey found no historic properties e)this project has gone through the historic review process,and mitigation has been completed 181 0 other.This area was previously gradtd for a miniotuu go j couru and was recently grubbed under permit#91418. fin the event of lava tube brualahroughs or that historic resources_including human skeletal remains,arc identified during the construction activities,all work needs 10 cease in the immediate vicinity of the find. the find needs to be protected from additional disturbance,and the State Historic Preservation Division, Hawa,i i Section.needs to be contacted immediately at(808)327-369 1. Aloha, rnl�-e( }ti P to Historic Preservation Division JT ,JU(- '- 0 Ivl,l() KULAIWI ARCHAEOLOGY 119 Statement to the Planning Commission, County of Hawaii Re: Shoreline Area Management Use Pennit No. 388 September 11, 2020 Imanaka Asato, LLLC represents DPM Acquisition LLC. dba Diamond Resorts International (referred to hereinafter "the applicant") in support of the applicant's request to extend Special Management Use Permit No. 388 C'SMA 388") for an additional five-year period. The extension request was submitted to the County of Hawaii Planning Department (the "Department") on November 13, 2018. However, the processing of the application was paused when the Department inquired about the status of a 30-foot lava tube previously found on the site. SMA 388, as previously amended, sets forth six (6) conditions upon which the Hawaii County Planning Commission's (the "Commission") approval was based, including Condition No. 5 which states that: "[sJhould any remains of unidentified historic sites such as rock walls, terraces, platforms, or human burials, lava tube or cave systems be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DNLR-HPD) shall be notified. " The condition further states that, "[sJubsequent work shall proceed upon an archeological clearance from the DNLR-HPD when it finds that sufficient mitigative measures have been taken." The applicant's records indicate that the prior owner cleared the tube, filled it with engineered fill and concrete, and redesigned the tube along with the building to allow for potential differences in compaction. The Department consequently required a determination and/or recommendation issued from the Department of Land and Natural Resources-Historic Preservation Division ("SHPD", for the subject lava tube's engineered fill action in order to continue its review of the application. Throughout 2019 and into 2020, the applicant made numerous attempts to engage in discussions with SHPD to obtain the required statement. Ultimately, it is through discussions initiated by the Department on the applicant's behalf (and related to several other matters) that resulted in SHPD submitting a letter to the Department in January of 2020 indicating that it had "no objections" to the filling of the lava tube. The applicant received a copy of the SHPD letter a few months later. Thereafter, the SMA 388 extension request was tentatively scheduled for the April 16, 2020 hearing, but was then subsequently postponed due to issues related to the COVID-19 pandemic. In coordination with the Department, the hearing date was finally confirmed for October 15th, 2020. The appbcant would like to thank the Department for its assistance and perseverance in acquiring a response from SHPD, and would also like to thank the Commission for its patience 1 EXHIBITF WATER USE CALCULATION PROPOSED RESIDENCE INN PROJECT TMK: (3) 7-5-018: 011 Ramon Velazquez, P.E. Septernher 5, 2023 RAMON VELAZQUEZ, PE 5.32 CASCADE CIRCLE #104 Casselberry, FL 32707 VOICE: 770-319-7400 MEMORANDUM TO: FROM: Deparo:nentofWate.tSupply- Iuy Velazquez County of Hawaii RVFJ..AZOLIEZLct S.AVANTENG.CDM LOCATION: DATE: 345 Kekuanaoa St,Suite 20 September 5,2023 Hilo,HI 96720 808-961-8070 RE: SAVANT REFERENCE NUMBER: Residence Inn JJC.B WH-001 Kailua-Kona,HI- Estimated future water consumption NOTES/COMMENTS: Objective: Calculations for estimated future water consumption Type 'A' units will have maximum 2 occupants Type'B' units will have a maximum of occupants Type 'C' uhits will have maximum of 6 occupants 33 Type 'A' Rooms @ 65.24 Gpd= 2,152.92 Gpd & 66 occupants. 62 Type 'B' Rooms@ 130.48 Gpd = 8,089.76 Gpd & 248 occupants 5 Type'C' Rooms@ 195.72 Gpd = 978.60 Gpd & 30 occupants. 344 occupants@ 25 Gpd for amenity** usage = 8,600 Gpd. 2,153 Gpd + 8,090 Gpd + 979 Gpd + 8,600 Gpd = 19,822 Gpd. Irrigation will utilize 20 sprinkler heads having a flow rate of 1 GPM. Sprinkler heads will be cycled on twice per day for a duration of 30 Min per cycle. 20 sprinkler heads * 1 GPM * 30 Min * twice a day= 1200 GPO 19,822 Gpd+ 1.200 Gpd = Total Daily Estimated usage of 21,022 Gpd. Page 1 of 3 These calculations have been provided using sound engineering practices and supported by 12 months of water billing for a property of similar occupancy. Billing may be provided upon request, however, detailed below for your convenience is a consolidation of said usage. IIWater consumed in Date gallons during Average Gallons Range this cycle Per Day Average Gallon s Per Room 031512019 422900 04/15/2019 365200 11781. 79 ::._/1612019 318800 10993 73 06114120'! 9 303300 9478 63 07/16/2019 292500 9750 65 08/15/2019 290000 9063 60 09/16/2019 334000 11517 77 1 011512019 334800 _ 11160 74 11/15/2019 232800 8315 56 5/13/219 203400 ?1641 41 01/15/2020 216800 74761 50 .8944 ( - 0211312020 2862001 60 * Gpd per room determined by occupant. Occupant, during their stay, assumed to flush 1.28 gpf water closet 4 times, shower for 10 mins @ 2.0 gpm, utilize kitchenette sink for 5 mins @ 1.5 gpm. Total consumption per occupant, per day, during the time in their room throughout their stay, assumed to be 32.62 Gpd. ....Amenity defined as house&guest laundry, pantry kitchen, & pool. Page Z of3 G. V �q� Cr LICENSED ;y PROFESSIONAL " ENGINEER No. 15099•M ; .It U Thank you, Ray Velazquez,PE (770)319-7400 SAVANT Engineering UC Page 3 of3 RO-a.-Tz PROJECT LOCATION 4q ISLAND OF HAWAII GEINTRAL LOCATioN.Wp 7.� F1 t-1 14, � / r4M_z� Walua Road PROJECT LOCATION Royal Kona Resort R. ,•10 Kona Reef CY Ic Figure I 03 Zz �O N�N •Q LL Q 06 Q (c) f I x IW jw :> F cr. "". 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Sako Mayor �o.�� •' Finance Director f.•N�M ,TE OF•MF'�' County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hativai`i 96720-4679 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Keohokalole HAvy. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Date: 10/02/2023 Tax Map Key: (3) 7-5-018-011-0000 To: Planning Director From: Real Property Tax Office Subj: Request for Comments and/or Review Comments from the Appraisal Section: ❑ Property is receiving agricultural use value ❑ Property is dedicated to agricultural use ❑ Possible rollback taxes ❑ There are no comments at this time Remarks: N/A Appraiser to Contact: SHANNON ARQUITOLA Phone: (808) 961-8320 Comments from the collection section: ❑ Status of real property taxes: ❑ Current ❑ Delinquent /Amounts $19, 917.36 (this amount good till the end of October 2023).. Amount includes tax, penalty & interest up to Remarks: Balance left for 2022-2 and 2023-1 unpaid Collection personnel to contact: Karen Visaya, Tax Clerk Phone: 808-96182-90 Planning Depi. Exhibit. 2 Hawai`i County is an Equal Opportunity Provider and Employer Jk%Y 9F•1#.4y� Mitchell D.Roth Ramzi I.Mansour i Director Mayor Lee Lord Brenda Iokepa-Moses p �'u Director Managing Director De County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawai'i 96720•cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Directu"'d`''.�� r— Q UIC, �tf Department of Environmental Management DATE: October 10, 2023 SUBJECT: Special Management Area Use Permit Application(PL-SMA-2023-00003 8) Applicant: Kona Hawaii Development LLC Request: To Develop a 100-Room Hotel Building and Related Improvements Tax Map Key: (3) 7-5-018:011; N. Kona, Hawaii The Solid Waste Division has reviewed the subject application and has provides the following comments (Contact the Solid Waste Division for more details): • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. • Ample room should be provided for rubbish and recycling. • Submit Solid Waste Management Plan in accordance with attached guidelines. The Wastewater Division has reviewed the subject application and provides the following comments (contact the Wastewater Division for details): • Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. • Applicant shall conduct a sewer study in accordance with the applicable wastewater system design standards prior to approval to connect to the County sewer system. • Applicant shall provide such sewer line or other facility improvements as the Director may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. Plann-Ing Dr7p _ Exhi it .__ 3 County of Hawaii is an Equal Opportunity Provider and Employer �V OF ��N.... .H� / Mitchell D.Roth y, - Ramzi h Mansour Di Mayor^ i r g ectoi^ Brenda Ioltepa-Moses Lee Lord •'�ri'o;N';�•`' Managing Director Deputy Dhvelor County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 -Hilo,Hawaii 96720 -cohdem@hawaiicounty.gov Ph: (808)961-8083 -Pax: (808)961-8086 May 5, 2023 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing Solid Waste Management Plans, for which special conditions are placed on developments. The Solid Waste Management Plan will be used to (1) promote and implement recycling and recycling programs; (2)predict the waste generated by the proposed development to anticipate the impacts on County Solid Waste Management Facilities; and(3)predict the additional vehicular traffic being generated because of waste and recycling transfers. A State of Hawaii licensed engineer or architect shall prepare a suitable Solid Waste Management Plan for review by the Department of Environmental Management, REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste that may be generated: e.g., analysis of anticipated waste volume and composition. This includes waste generated during the construction and operation or maintenance phases, Waste types shall include(but not be limited to): A. Organics (including food waste and green wastes); B. Construction and Demolition materials; C. Paper(including cardboard); D. Metal (including ferrous and non-ferrous metals); E. Plastic; F. Special(including ash, sludge, treated medical waste,bulky items, tires); G. Hazardous (including paint,vehicle fluids, oil,batteries); and H. Glass. 2. Indicate onsite source separation by waste type, e.g., source separation bins for glass, metal,plastic, cardboard, aluminum, et cetera. Provide ample space for rubbish and recycling. 3. Identification and location of the proposed waste reduction, waste re-use,recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of vehicle Hawaii County is an Equal Opportunity Provider and Employer 2023 Solid Waste Management Plan Guidelines Page 2 of 2 movements and associated routes that will be used to transport the waste and recycled materials. 4. The report will include identification of any impacts to County-operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. S. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A Solid Waste Management Plan will be prepared for all developments including but not limited to projects that are required to perform an EA, EIS, or Special Use Permit, as defined under the policies of the Department of Environmental Management. 2, The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan,besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer or architect will draft and certify in writing the Solid Waste Management Plan as complying with applicable Federal, State, and County of Hawaii Solid Waste laws,regulations, and administrative rules. Should you require additional information,please contact the Solid Waste Division at swd@hawaiicounty.gov or at(808) 961-8270. CONCUR: Ir4dae&pa-Moses DEPUTY DIRECTOR (For Ramzi I. Mansour, DIRECTOR) Oh N AT6•%.S 19I DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAI`I "F�iaaao; 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808)961-8657 October 13, 2023 COH PLANNING DEPT OCT 17 2023 PM2:05 TO: Mr. Zendo Kern Director REC'D HAND DELIVERED Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000038) Applicant: Kona Hawaii Development LLC Request: To Develop a 100-Room Hotel Building and Related Improvements Tax Map Key 7-5-018:011 We have reviewed the subject application and have the following comments. Please be informed that the subject parcel is served by an existing 12-inch service lateral which can accommodate a fire-domestic meter. This service allows an average usage of 22,000 gallons per day. The Department requests that the applicant to submit detailed water usage calculations for the proposed project, prepared by a professional engineer licensed in the State of flawai`i, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute (GPM), and the total estimated maximum daily water usage in gallons per day, including any irrigation/landscaping/non-potable use. We request that assurance be provided by the developer that water usage will not exceed the above allotment of water. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:klcm Planning Dept. copy Mr. Sidney Fuke, Planning Consultant r- Kona flawai`i Development LLC Exhibit 4 Water, Our%ost (Precious Resource . . . Xa rWaiA Kane . . . The Department of Water Supply is an Equai Opportunity provider and employer JOSH GREEN, M.D. of KENNETH S. FINK, M.D,MGA, MPH E............9 GOVERNOR OF HAWAII �r/' ysv"'may DIRECTOR OF HEALTH KE KIA'AINA0 KA MOKU'AINA0 HAWAI'I yf +. 33aa KA LUNA HO'OKELE e�'o.utarao'�' STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HI LO, HAWAI 196721-0916 MEMORANDUM DATE: September 25, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000038) Applicant: Kona Hawaii Development LLC Request: To Develop a 100-Room Hotel Building and Related Improvements Tax Man Key: (3) 7-5-018:011; N. Kona, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health "Standard Comments" regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and proiect owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all Planning Dept. Exhibit _ 5 Zendo Kern September 25, 2023 Page 2 of 4 airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: hl!ps:Hhealth.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.Gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: hops://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at hllps:Hhealth.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Zendo Kern September 25, 2023 Page 3 of 4 Safe Drinking Water program: hgps:Hhealth.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: hgps:Hhealth.hawaii.gov/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: hgps:Hhealth.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at doh.wwb(audoh.hawaii.gov. Sanitation/Local DOH Comments: 1. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 2. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure,place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure, site, or vacant lot. A demolition or land clearing permit is required prior to demolition or clearing. Zendo Kern September 25, 2023 Page 4 of 4 3. All Food Establishments needs to meet the requirements of Chapter 50, Food Safety Code. Please call our office (Ph. 933-0917 Hilo, 322-1508 Kona) for consultation and additional information. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAI I DATE: October 23, 2023 790"W0449 f1 TO: Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000038) Applicant: Kona Hawaii Development LLC Request: To Develop a 100-Room Hotel Building & Related Improvements T M K: 7-5-018:011 We have reviewed the subject request and provide the following comments: 1. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code (HCC). 3. Construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets. 4. DPW's current sidewalk is 8-feet wide rather than the proposed 7-foot wide sidewalk. 5. Recommendations from the 2008 and 2014 memos are still applicable. Questions may be referred to Robyn Matsumoto at 961-8924. Phan Fxhibii 6 County of Hawaii is an Equal Opportunity Provider and Employer � ;95.. STATE OF HAWAI`I JOSH GREEN, NO. '�. OFFICE OF PLANNING SYLVIALUKE ° LT.GOVERNOR & SUSTAINABLE DEVELOPMENT MARYALICE EVANS gINTERIM DIRECTOR 235 South Beretania Street,6th Floor, Honolulu, Hawai'i 96813 Telephone: (808)587-2846 Mailing Address: P.O. Box 2359, Honolulu, Hawai'i 96804 Fax: (808)587-2824 Web: https://Oanning.hawaii.gov/ DTS 202309251409NA Coastal Zone Management Program October 23 2023 Environmental Review Mr. Zendo Kern, Director Program Department of Planning Land Use Commission County of Hawaii East Hawaii Office Land Use Division 101 Pauahi Street, Suite 3 Special Plans Branch Hilo, Hawaii 96720 State Transit-Oriented Attn: Alex Roy Development Statewide Geographic Dear Mr. Kern: Information System Subject: Special Management Area Use Permit Application (PL-SMA-2023- Statewide 000038) to Develop a 100-Room Hotel Building and Related Sustainability Branch Improvements, North Kona, Hawaii; Tax Map Key: (3) 7-5-018: 011 Thank you for the opportunity to provide comments on the Special Management Area (SMA)Use Permit Application (PL-SMA-2023-000038), transmitted via memorandum dated September 22, 2023, to develop a 100-room hotel building and related improvements on a 1.76-acre parcel, located on the makai corner of Kaheka Road and Ali`i Drive,North Kona, Hawaii. According to the subject application, Kona Hawaii Development, LLC using the same footprint of a partially completed project, proposes to develop a 91-room suite with a kitchenette and 9 standard quest rooms, consistent with the site's Resort(V- .75) zoning in which one unit for every 750 square feet residential and commercial uses are permitted. The SMA Use Permit(SMA 98-7) originally issued to allow the development of a 48-room hotel/condominium project on the site was nullified on January 30, 2023, due to failure in compliance with the time performance condition. The proposed three-story building will not exceed 45-foot height limit, and the basic structure will take on a U-shaped configuration, due to the shape of the parcel. The proposed hotel development will provide 143 parking stalls, including 4 handicapped and 2 equipped with electrical chargers, which will meet the minimum requirement of 117 parking stalls. The hotel will create a pedestrian oriented environment from Ali`i Drive through the landscaping, and shifting traffic more to Kahakai Road. Once completed, the hotel would be operated as a Residence Inn by Marriott. Planning a pi. Exhibit 7 Mr. Zendo Kern October 23, 2023 Page 2 The property is approximately 200 feet from the shoreline, immediately south of the Royal Kona Hotel and north of the Kona Reef Resort Condominium. The elevation at Ali`i Drive is approximately 34 feet, and heading makai. The National Flood Insurance Rate Map designates the subject area as Zone X, areas determined to be outside the 500-year flood plain. The cost of the project is estimated at$45 million dollars. The construction is anticipated to be completed by 2026. The Office of Planning and Sustainable Development has reviewed the subject SMA Use Permit application, and has the following comments to offer: 1. SMA Use Permit(SMA 98-7)was previously granted to allow the development of a 48-room hotel/condominium project at the site. Given the increase in the scope of development from 48-room hotel/condominium to 100-room hotel, the OPSD recommends that the new SMA Use Permit Application assess potential cumulative impacts on the coastal area from the proposed 100-room hotel development, to include the adjacent development of the Royal Kona Hotel and the Kona Reef Resort Condominium. 2. The OPSD concurs that the application needs to mitigate view impacts from the proposed hotel development from the line of sight toward the sea from the state highway nearest the coast by restricting the height of the building structure, and using material like lava rock facing and earth tone colors to blend in with the visual character of the surrounding area. If you have any questions regarding this comment letter,please contact Shichao Li of our office at(808) 587-2841 or by email at shichao.li@hawaii.gov. Sincerely, MnAikU- Mary Alice Evans Interim Director S�car�y-0 JOSH GREEN,M.D. DAWN N.S.CHANG GOVERNOR KE KIA'AINA 8 '�� ^fib CHAIRPERSON KENNETH S.FINK,M.D.,MCA,MPH NEIL J.HANNAHS `r AURORA KAGAWA-VIVIANI,PH.D. WAYNE K.KATAYAMA PAUL J.MEYER LAWRENCE H.MIIKE,M.D.,J.D. STATE OF HAWAII KA MOKU'AINA'O HAWAII M.KALEO MANUEL CTUR DEPUTY D IRECTO R DEPARTMENT OF LAND AND NATURAL RESOURCES I KA'OIHANA KUMUWAIWAI 'AINA COMMISSION ON WATER RESOURCE MANAGEMENT I KE KAHUWAI PONO P.O.BOX 621 HONOLULU,HAWAII 96809 October 19,2023 REF: RFD.6145.8 TO: Zendo Kern, Planning Director County of Hawai'i, Planning Department FROM: M. Kaleo Manuel, Deputy Director Commission on Water Resource Management SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000038), Kona Hawai'i Development LLC FILE NO.: RFD.6145.8 TMK NO.: (3)7-5-018:011 Thank you for the opportunity to review the subject document. The Commission on Water Resource Management(CWRM)is the agency responsible for administering the State Water Code(Code). Under the Code, all waters of the State are held in trust for the benefit of the citizens of the State, therefore all water use is subject to legally protected water rights. CWRM strongly promotes the efficient use of Hawaii's water resources through conservation measures and appropriate resource management. For more information, please refer to the State Water Code, Chapter 174C, Hawaii Revised Statutes, and Hawaii Administrative Rules, Chapters 13-167 to 13-171. These documents are available via the Internet at http://dlnr.hawaii.gov/cwrm. Our comments related to water resources are checked off below. 0 1 We recommend coordination with the county to incorporate this project into the county's Water Use and Development Plan. Please contact the respective Planning Department and/or Department of Water Supply for further information. ❑ 2. We recommend coordination with the Engineering Division of the State Department of Land and Natural Resources to incorporate this project into the State Water Projects Plan. ❑ 3. We recommend coordination with the Hawaii Department of Agriculture (HDOA)to incorporate the reclassification of agricultural zoned land and the redistribution of agricultural resources into the State's Agricultural Water Use and Development Plan (AWUDP). Please contact the HDOA for more information. x] 4. We recommend that water efficient fixtures be installed and water efficient practices implemented throughout the development to reduce the increased demand on the area's freshwater resources. Reducing the water usage of a home or building may earn credit towards Leadership in Energy and Environmental Design (LEED)certification. More information on LEED certification is available at http://www.usgbc.org/leed. A listing of fixtures certified by the EAP as having high water efficiency can be found at http://www.epa.gov/watersense. 5. We recommend the use of best management practices(BMP)for stormwater management to minimize the impact of the project to the existing area's hydrology while maintaining on-site infiltration and preventing polluted runoff from storm events. Stormwater management BMPs may earn credit toward LEED certification. More information on stormwater BMPs can be found at http://planning.hawaii.gov/czm/initiatives/low-impact-development/ 6. We recommend the use of alternative water sources,wherever practicable. 0 7. We recommend participating in the Hawaii Green Business Program, that assists and recognizes businesses that strive to operate in an environmentally and socially responsible manner. The program description can be found online at http://energy.hawaii.gov/green-business-program. x1 8. We recommend adopting landscape irrigation conservation best management practices endorsed by the Landscape Industry Council of Hawaii. These practices can be found online at http://www.hawa iiscape.com/wp-content/u ploads/2013/04/L ICH_Irrigation_Conservation_BM Ps.pdf. Planning Depi. Exhibit 8 Zendo Kern Page 2 October 19,2023 9. There may be the potential for ground or surface water degradation/contamination and recommend that approvals for this project be conditioned upon a review by the State Department of Health and the developer's acceptance of any resulting requirements related to water quality. ® 10. The proposed water supply source for the project is located in a designated water management area, and a Water Use Permit is required prior to use of water. The Water Use Permit may be conditioned on the requirement to use dual line water supply systems for new industrial and commercial developments. © 11. The Hawaii Water Plan is directed toward the achievement of the utilization of reclaimed water for uses other than drinking and for potable water needs in one hundred per cent of State and County facilities by December 31, 2045 (§1 74C-31(g)(6), Hawaii Revised Statutes). We strongly recommend that this project consider using reclaimed water for its non-potable water needs, such as irrigation. Reclaimed water may include, but is not limited to, recycled wastewater,gray water, and captured rainwater/stormwater. Please contact the Hawai'i Department of Health, Wastewater Branch, for more information on their reuse guidelines and the availability of reclaimed water in the project area. © 12. A Well Construction Permit(s)is(are)are required before the commencement of any well construction work. © 13. A Pump Installation Permit(s)is(are)required before ground water is developed as a source of supply for the project. ❑ 14. There is(are)well(s)located on or adjacent to this project. If wells are not planned to be used and will be affected by any new construction, they must be properly abandoned and sealed. A permit for well abandonment must be obtained. ® 15. Ground-water withdrawals from this project may affect streamflows,which may require an instream flow standard amendment. ® 16. A Stream Channel Alteration Permit(s)is (are)required before any alteration can be made to the bed and/or banks of a steam channel. © 17. A Stream Diversion Works Permit(s)is(are)required before any stream diversion works is constructed or altered. 0 18. A Petition to Amend the Interim Instream Flow Standard is required for any new or expanded diversion(s)of surface water. ❑ 19. The planned source of water for this project has not been identified in this report. Therefore,we cannot determine what permits or petitions are required from our office, or whether there are potential impacts to water resources. X® OTHER: While the SMA application report indicates that the water commitment fees and facility fees have been paid (to DWS), the Commission has concerns on whether existing DWS capacity can meet the additional proposed demand of 22,000 gpd for this proposed project. Should any new water source (wells)development be necessary to meet this demand, the Commission has concerns about new source development impacts to any native Hawaiian traditional and customary rights in the area as well as impacts to groundwater dependent ecosystems that may be affected. New source development would require Commission permits and approvals. If you have any questions, please contact Neal Fujii of the Commission staff at(808)587-0216. JOSH GREEN,M.D. v9'9.� "; DAWN N.S.CHANG r GOVERNOR I KE KIA'AINA CHAIRPERSON SVLVIA LUKE Je, BOARD OF LAND AND NATURAL RESOURCES i u 1 �' COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNORS KA HOPE KIA`AINA c" y MANAGEMENT STATE OF HAWAI`I I KA MOKU`AINA`O HAWAI`I DEPARTMENT OF LAND AND NATURAL RESOURCES KA`OIHANA KUMUWAIWAI `AINA �t"tN 47f d'13W� LAND DIVISION P.O. BOX 621 HONOLULU, HAWAII 96809 October 20, 2023 County of Hawaii Planning Department via email: glanningohawaiicounty.gov Attn: Mr. Alex Roy 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Roy: SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000038) Request to Develop a 100-Room Hotel Building and Related Improvements located at North Kona, Island of Hawaii; TMK: (3) 7-5-018:011 on behalf of Kona Hawaii Development LLC Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division-Hawaii District on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamuranhawaii.gov. Thank you. Sincerely, Ru" (411 7—Yl yl/ Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Planning Crept Exhibit _.__ JOSH GREEN,M.D. pie t" sv ��I DAWN N.S.CHANG GOVERNOR I KE KIA'AINA ¢' CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKE r COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA A x' V M 7` MANAGEMENT w P � *faqq STATE OF HAWAII ( KA MOKU`AINA`O HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES KA`OIHANA KUMUWAIWAI `AINA LAND DIVISION P.O.BOX 621 HONOLULU, HAWAII 96809 September 25, 2023 MEMORANDUM FROM: T$ DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division ( LN .ENO hawaii.gov) X Div. of Forestry & Wildlife (rbyrosa.t.terrag ,o awaii.gov) Div._ of State Parks X Commission on Water Resource Management ( LNR.CWRM awaii.gov) _Office of Conservation & Coastal Lands X Land Division— Hawaii District (gordon.c. eit(Qhawaii.gov) Aha Moku Advisory Committee TO: FROM: Russell Y. Tsuji, Land Administrator kPasea TS41 SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000038)— Request to Develop a 100-Room Hotel Building and Related Improvements LOCATION: North Kona, Island of Hawaii; TMK: (3) 7-5-018:011 APPLICANT: County of Hawaii on behalf of Kona Hawaii Development LLC Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by October 20, 2023. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura awaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. ( � ) Comments are included/attached. Signed: 4r Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Oct 6,2023 Attachments cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Special Management Area Use Permit Application (PL-SMA-2023-000038)— Request to Develop a 100-Room Hotel Building and Related Improvements Location: North Kona, Island of Hawaii TMK(s): (3) 7-5-018:011 Applicant: County of Hawaii on behalf of Kona Hawaii Development LLC COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area(high-risk areas). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT) (fhat.hawaii.gov) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139. o Kauai: County of Kauai, Department of Public Works (808) 241-4849. Signed: � r CARTY S. CHANG, CHIEF ENGINEER Date: Oct 6,2023 S.�'..�• .:"4 JOSH GREEN,M.D. 1P•'`,+s sa r'y DAWN N.S.CHANG GOVERNOR I KE KIA'AINA CHAIRPERSON j 41P BOARD OF LAND AND NATU FAILRESOURCES SYLVIA LUKECOMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA eE £? MANAGEMENT Na O � a STATE OF HAWAI`I I KA MOKU`AINA`O HAWAI`I DEPARTMENT OF LAND AND NATURAL RESOURCES Sate of Ha`+a KA`OIHANA KUMUWAIWAI `AINA LAND DIVISION P.O. BOX 621 HONOLULU, HAWAII 96809 November 3, 2023 County of Hawaii Planning Department via email: planning(@hawaiicounty.gov Attn: Mr. Alex Roy 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Roy: SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000038) Request to Develop a 100-Room Hotel Building and Related Improvements located at North Kona, Island of Hawaii; TMK: (3) 7-5-018:011 on behalf of Kona Hawaii Development LLC Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated October 20, 2023, enclosed are comments from the Division of Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamura(d)-hawaii.gov. Thank you. Sincerely, 6/ Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Planning Depi. 10 JOSH GREEN,M.D. DAWN N.S.CHANG GOVERNOR I KE KIA'AINA y•' CHAIRPERSON yt ' BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKE "ll •; COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR KA HOPE KIA'AINA eyt MANAGEMENT o sand and F¢ 9io STATE OF HAWAH KA MOKU`AINA`O HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Sate of H&I KA`OIHANA KUMUWAIWAI `AINA LAND DIVISION P.O. BOX 621 HONOLULU, HAWAII 96809 September 25, 2023 MEMORANDUM FROM: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGRCa)-hawaii.gov) X Div. of Forestry &Wildlife (rubyrosa.t.terrago(d-)hawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(a)hawaii.gov) _Office of Conservation & Coastal Lands X Land Division — Hawaii District (gordon.c.heit(a)-hawaii.gov) Aha Moku Advisory Committee TO: Russell Y. Tsuji, Land Administrator 's SeGC S�vl SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000038) — Request to Develop a 100-Room Hotel Building and Related Improvements LOCATION: North Kona, Island of Hawaii; TMK: (3) 7-5-018:011 APPLICANT: County of Hawaii on behalf of Kona Hawaii Development LLC Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by October 20, 2023. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura(a)hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. (m) Comments are included/attached. Signed: Print Name: JASON C.MISAKI, Acting Widlife Prog. Mgr. Division: Forestry and Wildlife Date: Nov 1,2023 Attachments cc: Central Files JOSH GREEN,M.D. aE O F H,y DAWN N.S.CHANG GOVERNOR KE KIA'AINA CHAIRPERSON p y + j99 9 BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKE f COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR KA HOPE KIA'AINA MANAGEMENT G4 i w LAURA H.E.KAAKUA l tl� FIRST DEPUTY �e q c`- M.KALEO MANUEL "�, .• DEPUTY DIRECTOR-WATER a� AQUATIC RESOURCES STATE OF HAWAI'I I KA MOKU`AINA`O HAWAI`I BOATING AN OFOCEAN T ON BUREAU OF CONVEEYANCEYANCES COMMISSION ON WATER RESOURCE y�tk �2 DEPARTMENT OF LAND AND NATURAL RESOURCES MANAGEMENT � O CONSERVATION AND COASTAL LANDS KA`OIHANA KUMUWAIWAI `AINA CONSERVATION AND RESOURCES t� ENFORCEMENT ENGINEERING FORESTRYAND WILDLIFE DIVISION OF FORESTRY AND WILDLIFE KAHOOLAWEISLANDRESERVET PRESERVATION 1151 PUNCHBOWL STREET, ROOM 325 LAND HAWA�� STATE PARKS HONOLULU, HAWAII 96813 November 1, 2023 Log no. 4271 MEMORANDUM TO: RUSSELL Y. TSUJI, Administrator Land Division FROM: JASON C. MISAKI, Acting Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Request for Comments on the Special Management Area Use Permit Application- Request to Develop a 100-Room Hotel Building and Related Improvements, Hawai'i The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) has received your request for comments on the Special Management Area Use Permit Application (PL-SMA-2023-000038), requesting to develop a 100-room hotel building and conduct related improvements at the site located in Kailua Village in Pua'a, Kona, on the island of Hawai'i; TMK- (3)7-5-018.011. The proposed project is located on the makai corner of Kaheka Road and Ali'I Drive and encompasses 1.76+ acres. The project site is located 200 feet from the shoreline, with other privately owned parcels between the project site and the ocean. ASMA Permit (SMA 98-7 and later assigned 388) was issued for a 48 hotel/condominium project-, the land was cleared, and the foundation and basement area were permitted and constructed over time. However, the SMA permit was automatically nullified around January 30, 2023, due to its time performance non-compliance. The proposed project would use the same footprint, foundation, and basement area, but would develop a 91-room suite with a kitchenette and 9 standard guest rooms., all consistent with the site's Resort (V-. 75) zoning. Once completed, the hotel would be tentatively operated as a Residence Inn by Marriott. DOFAW concurs with the measures included in the SMA permit application to use Best Management Practices during and after construction to contain any soils and sediment with the purpose of preventing damage to near-shore waters and marine ecosystems as well as using native plants for landscaping when possible. DOFAW recommends the following measures be included in the permit application to avoid construction and operational impacts to State-listed species. The State listed `ope`ape`a or Hawaiian Hoary Bat (Lasiurus cinereus semotus) could potentially occur at or in the vicinity of the project and may roost in nearby trees. Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup-rearing season (June 1 through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall should not be disturbed, removed, or trimmed. Barbed wire should also be avoided for any construction because bats can become ensnared and killed by such fencing material during flight. Artificial lighting can adversely impact seabirds that may pass through the area at night by causing them to become disoriented. This disorientation can result in their collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used be fully shielded to minimize the attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season, from September 15 through December 15, when young seabirds make their maiden voyage to sea. If nighttime construction is required during the seabird fledgling season (September 15 to December 15), we recommend that a qualified biologist be present at the project site to monitor and assess the risk of seabirds being attracted or grounded due to the lighting. If seabirds are seen circling around the area, lights should then be turned off. If a downed seabird is detected, please follow DOFAW's recommended response protocol by visiting https-//dlnr.hawaii.gov/wildlife/seabird-fallout-season/#response. Permanent lighting also poses a risk of seabird attraction, and as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird-friendly light styles that also protect seabirds and the dark starry skies of Hawaii please visit https-//dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. The State listed `io or Hawaiian Hawk (Buteo solitarius) may occur in the project vicinity. Prior to undertaking vegetation clearing, DOFAW recommends that pre-construction surveys of the area be conducted by a qualified biologist following appropriate survey methods' (Gorressen et al., 2008) to ensure no Hawaiian Hawk nests are present, which may occur during the breeding season from March to September. The survey should be conducted at least 10 days prior to the start of construction. If an `io nest is detected, a buffer zone of 100 meters (330 feet) should be established around it where no construction shall occur until the chick or chicks have fledged, or the nest is abandoned. DOFAW staff should be immediately notified. If adult individuals are detected in the area during construction, all activities within 30 meters (100 feet) of the bird should cease. Work may continue when the bird has left the area on its own. The endemic pueo or Hawaiian Short-Eared Owl (Asio flammeus sandwichensis) could potentially nest in the project area. Before any potential vegetative alteration, especially ground-based disturbance, we recommend that line transect surveys are conducted during crepuscular hours through the project area. If a pueo nest is discovered, a minimum buffer distance of 100 meters from the nest should be established until chicks are capable of flight. Gorresen, P. M., R. J. Camp, J. L. Klavitter, and T. K. Pratt. 2008. Abundance, distribution and population trend of the Hawaiian Hawk: 1998-2007. Hawaii Cooperative Studies Unit Technical Report HCSU-009. University of Hawaii at Hilo. 53 pp., incl. 8 figures, 3 tables & 1 appendix. The project area is within the range of the state-listed Blackburn's Sphinx Moth (Manduca blackbumi) or BSM. Larvae of BSM feed on many nonnative hostplants, which include tree tobacco (Nicotiana glauca), that grow in disturbed soil. We recommend contacting the Hawaii Island Branch DOFAW office at (808) 974-4221 for further information about where BSM may be present and whether a vegetation survey should be conducted to determine the presence of plants preferred by BSM. DOFAW recommends removing plants less than one meter in height or during the dry season to avoid harm to BSM. If you intend to either remove tree tobacco over one meter in height or to disturb the ground around or within several meters of these plants, they must be thoroughly inspected by a qualified entomologist for the presence of BSM eggs and larvae. DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil and plant material may contain detrimental fungal pathogens (e.g., Rapid `Ohi`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coqui Frogs, etc.), or invasive plant parts (e.g., African Tulip, Octopus Tree, Trumpet Tree, etc.) that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at (808) 933-3340 to help plan, design, and construct the project, learn of any high-risk invasive species in the area, and ways to mitigate their spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. Due to the arid climate and risks of wildfire to listed species, we recommend coordinating with the Hawaii Wildfire Management Organization at (808) 850-0900 or admin@hawaiiwildfire.org, on how wildfire prevention can be addressed in the project area. When engaging in activities that have a high risk of starting a wildfire (i.e. welding in grass), it is recommended that you: o Wet down the area before starting your task, o Continuously wet down the area as needed, o Have a fire extinguisher on hand, and o In the event that your vision is impaired, (i.e. welding goggles) have a spotter to watch for fire starts. We appreciate your efforts to work with our office for the conservation of our native species. These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Myrna N. Girald Perez, Protected Species Habitat Conservation Planning Coordinator at (808) 265-3276 or myrna.girald-perez(a-)-hawaii.gov. Sincerely, JASON C. MISAKI Acting Wildlife Program Manager Sid Fuke From: Sid Fuke <sidneyfuke@g mail.com> Sent: Saturday, October 21,2023 8:40 AM To: 'Judy Mahoney' Cc: 'Roy, Alex'; 'Heidi Ruffner'; 'BJ Patel'; nick.naik@baywoodhotels.com;'Dwight Bailey' Subject: FW:Final Draft Response to Judy Mahoney Attachments: Elevations 2 (Mahoney).pdf;Elevations (Mahoney).pdf Aloha Judy, Mahalo for your comments, and I apologize for not getting back to you sooner. I wanted to confer more with the owner and its architect before responding. Further, please note that I am copying Mr. Alex Roy, the County Planner assigned this application for his information and review, as well as to assure that this email trail will be part of the public record. A copy is also being provided to the person you contacted, Ms. Heidi Ruffner, as well. I realize that your existing views will invariably be somewhat obstructed by the project. While working within the footprint and the existing foundation, the applicant and its architect tried its best to see how much of the height could be reduced from the previously approved plan. As depicted on the attached comparative elevations,although the current project resulted in some reduction, it will still obstruct your view and thus probably may not be considered significant. Given that,their attention focused on tweaking the previously approved design. This was done by creating a design that was more in harmony with the context of the site using materials-like natural lava rock veneers similar to the existing mass retaining walls; using a lighter,earth-tone color scheme; and incorporating landscaping to help mitigate(not eliminate) its visual impact from not only surrounding properties like yours, but also from Ali'i Drive and Kahakai Road. You can get a general sense of the color scheme and landscaping in Figures 3-6 of the September 14 notice you received in the mail. While there may be disagreements regarding how"height" is defined, please note that the plans must still be reviewed both by the Planning Department and Building Division of the Department of Public Works. Their review- and it is their call -will assure that the project does not exceed the maximum height limit of 45 feet, as defined by both the Zoning and Building Codes. If it does,the project will have to be slightly modified or adjusted to meet that requirement. However, at this stage, it is the applicant's understanding that the preliminary plans, as prepared by its architect, meet the height requirement. And yes,since the existing foundation/footing is intended to be used, it will be treated as"as built". Even considered as"as built", however, it will still have to be evaluated by the appropriate professional (like a structural engineer)as part of the building permit process to assure its condition and conformity to prevailing codes. Any upgrades or needed improvements to the"as built" portion will have to be reflected and included in the overall building permit plans for the project. While the proposed project will unfortunately obstruct your existing view, its height will be in accordance with the allowable height limit of the Zoning Code, which in this instance is 45 feet. Please note that in the final design process,the architect and/or developer would be more than happy to meet with you to see what other reasonable non-height but "design-related"suggestions you might have to help mitigate the visual impact of the project from your home. Should you wish for such an engagement, I will be happy to coordinate such a meeting prior to the plans being finalized for building permit processing. Thank you very much! Sid Fuke From:Judy Mahoney<iamahonev78na amail.com> Sent:Saturday, October 14, 2023 12:15 AM To: sidnevfukena amail.com Subject: Re: TMK:7-8-018:011 1 Planning Dep"i. Exhibit 11 On Fri,Oct 13,2023, 3:28 PM Judy Mahoney<iamahonev78na amail.com>wrote: Aloha Sid..... Per our conversation this morning, the above property building as proposed will be 60 ft on makai side on Kahakai Rd as the existing cement garage structure is already 20 ft tall.Although the new revised structure is better, the Alii Dr side picture is misleading as existing cement garage is only 10 ft there.The property slopes down making the existing cement structure 20 ft tall on makai side Kahakai Rd & building on top of it another 40 ft will make the hotel 60 ft & perhaps more with elevator tower. Totally unacceptable. If built as diaaramed.it will be taller than Kona Reef& Hale Kona Kai which are directly adjacent to proposed property on Kahakai Rd on front & side. The subj proposed hotel building will block the horizon views of Kana Mansions condo complex directly across from Alii Rd up the hill on Walua Rd. I request that the planning commission & architect review their proposal & make the adjustments accordingly. The grade level zone should not start on top of cement structure as it would be in violation of Kona building zone of 45 ft as 60 ft is unacceptable for already established surrounding neighborhoods here of 50 yrs. Also,not sure if existing cement garage structure built 50 yrs ago is sound as it always has puddles of water on top even when not raining as seen from my 1 st floor condo lanai at Kana Mansions on Walua Rd... remembering the Florida condo building collapse of only couple of years ago. Mahalo for your time&consideration to amend proposal to meet request. I look forward to hearing from you soon on this major issue. Judy Mahoney Kana Mansions 2 From: Sid Fuke To: "Judy Mahoney" Cc: "Roy.Alex" Subject: RE:Architect project protested Date: Friday,November 3,2023 7:26:57 AM Aloha Judy, As noted earlier, the applicant's proposed structure will have to comply with the County's height requirement of 45 feet for the Resort zone. While the applicant and its architect believe that the structure's proposed height falls within that limit, that determination will ultimately be made by the County during the detailed construction plan review/approval process. If it is determined that the proposed plan exceeds the maximum allowable height, the applicant will have to modify its plans accordingly. We would also like to add that, as noted in my earlier response to you, the proposed height would be actually a little lower than the previously approved plans. While your visual obstruction concern is understandable, the applicant wishes to emphasize that it is only designing something that is or will be consistent with the construction and land use rights conferred by the Zoning Code relative to height and uses. Again, please note that this email thread will be shared with Mr. Alex Roy, the planner with the County Planning Department for its information and appropriate action. Mahalo! Sid From:Judy Mahoney<jamahoney78@gmail.com> Sent: Friday, October 27, 2023 4:38 PM To: Sid Fuke<sidneyfuke@gmail.com> Subject: Architect project protested Aloha Sid... I would like to suggest that if one looked toward ocean from Alii Dr you could see that Hale Kon Kai condos are 2 units taller than cement garage but are actually a 4 units tall complex which would make Marriott hotel taller Hale Kona Kai making grade level more than 45 ft allowed by law. Please add this to your conversations with community agents of authority as our established neighborhood is deeply affected by devaluing our property by causing view obstruction. Mahalo nui loa... Judy Mahoney KONA MANSIONS Walua Rd Planning Dept. Exhibit 12 From: Sid Fuke To: "Pete Vann" Cc: "Roy.Alex" Subject: RE:7-8-018:011 Residence by Marriott Date: Friday,November 3,2023 7:12:46 AM Aloha Peter, Sorry for this somewhat belated response,as I needed to confer with the applicant and confirm some matters. At any rate,we appreciate your comments. In response,please note that because of the potential conflict between vehicles and pedestrians as you aptly pointed out,the applicant intends to construct sidewalks along the property's frontage of both Ah'i Drive and Kahakai Road. As part of this improvement,plans will have to be prepared and submitted to the County Department of Public Works for its review and approval. Should the County require streetlights fronting those improved areas,they will be installed. At this time,we cannot speak to the allowance or disallowance of street parking fronting those streets,as that would ultimately be the call of the County. Finally,the applicant appreciates your comment regarding the potential of the parking garage being used by the houseless. It was a definite problem prior to the installation of fences around the unimproved parking area. Once improved,however,the project will have its own security to minimize use of the parking area for authorized vehicles only and not a shelter for the houseless. Again,thank you very much for your comments. Please note that this email thread is being shared with Mr. Alex Roy,the staff planner with the County Planning Department for its information and appropriate action. Mahalo 1 Sid Fuke -----Original Message----- From:Pete Vann<konapete5I(a gmail.com> Sent:Friday,October 27,2023 1:18 PM To: sidneyfuke@gmail.com Subject:TMK: 7-8-018: 011 Residence by Marriott Sent from my iPhone 75-5868 Alii Drive Kailua-Kona Aloha Sidney, I can see a Very Big Problem with the traffic flow on Kahakai Road:No sidewalk,single lane when parking on Kahakai Road,bad lighting,power poles and when the surf is up the Locals park their cars on Kahakai Road for Honl's Beach Park. The Royal Kona Resort has Luau 3 times a week,plus one free concert per week. Street parking on Kahakai Road is always full. Also just a Heads Up,the Homeless will really take advantage of your Parking Garage. Aloha Pete and Claudia Vann Konapete5I(a gmail.com 920 499 6061 Planning Qapi. DeVera, Ashley From: kimiko knight <kknight48@yahoo.com> Sent: Tuesday, October 3, 2023 3:52 PM To: Planning Internet Mail Subject: Special Management Area Use Permit Application Kona Hawaii Development, LLC, TM K:7-5-018: 011(PL-SMA-2023_000038) Subject: Special Management Area Use Permit Application Kona Hawaii Development, LLC, TMK:7- 5-018: 011(PL-SMA-2023_000038) I am forwarding the letter I had sent to Mr. Alex Roy. Dear Mr. Alex Roy, We received the Notice letter of submittal of the above permit today. We live at Alii Cove and we are just concerned about the increase of the traffic if you permit the construction since there will be hotel rooms of 100 and plus the workers. As it is, as you know Alii Drive is congested from time to time and I hope you would consider when there will be the emergency evacuation order. As it happened in Lahaina, Maui, recently, if something happens, the evacuation won't be smooth. I hope you would keep in mind of the traffic problem on Alii DR. Thank you for your consideration, in advance. Sincerely, Kimiko Knight Alii Cove, FF-21 75-5919 Alii Dr. Planning Depi. Kailua Kona, HI 96740 Exhibit 14 SidneyFuke, Planning Consultant P.O.Box •Hilo,Hawaii 96720 Planning•variance•Zoning Cell:(808)98 989-0640 •Subdivision• Land Use Permits E-mail:sidneyfuke@gmall.com Environmenlal Reports October 24,2023 Mr.Zendo Kem,Director Planning Department COUNTY OF HAWAPI 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kem: Subject: SMA Request(PL-SMA-2023-000038 Kona Hawaii Development, LLC Kailua-Kona. North Kona Hawaii. TMK: 7-5-018:011 This is in response to written comments from the Department of Water Supply ("DWS")and Department of Environmental Management,dated October 13,2023,and October 10, 2023, respectively. While County water is available, the DWS has requested the submittal of an anticipated maximum daily water use calculation by a Hawaii-licensed engineer and submit it to the Department of Water Supply for its review and approval. Please note that such a report(attached)was made a part of the application. Based on this analysis, inclusive oflandscaping,the projected consumption was pegged at 21,022 gallons, which is less than the allotment of 22,000 gpd. Thus, there should be sufficient potable water for the proposed project. If an updated analysis is requested by the DWS, it will be provided. The DWS also requested "assurance" that water usage will not exceed the allocated amount. The applicant intends to work within the allotted amount through its installation of xeriscape landscaping as well as installation of water conservation plumbing fixtures, where appropriate. Further, the applicant is fully aware that the DWS already has the authority, under its Sections 3-2 and 3-11(2) to suspend and/or terminate service. Specifically, Section 3-11(2) states that"Water Service may be discontinued for any ofthe following reasons... (d) Wasteful use of Water. Where negligent or wasteful use ofwater exists on arty premises, the Department may discontinue service ifsuch conditions are not corrected within a reasonable time...." Understandably,the applicant can ill afford to have water service terminated, which should provide sufficient financial incentive to adhere to its allotment. The DEM required the submittal of a Solid Waste Management Plan for its review and approval. That will be done prior to the issuance of Final Plan Approval and accordingly implemented. It also noted that its Wastewater Division required that the project connect to the existing public system. As part of this connection requirement, it Planning Depi. Exhibit -__-.15 Mr.Zendo Kern,Director October 24,2023 Page2 will prepare the appropriate sewer study and design the system to meet DEM's requirements. It will subsequently make the necessary facility improvements to allow for the orderly connection and use of the system in conjunction with the building permit phase. We trust that this adequately addresses the agencies' comments. If not or ifthere are further comments,please feel free to contact this office. Many thanks! V{ely, S 1 M Planning Consultant Enclosure Copy- Kona Hawaii Development, LLC w/enclosure via email RAMON VELAZQUEZ, PE 532 CASCADE CIRCLE 9104 Casselberr . FL 32707 VOICE: 770-319-7400 MEMORANDUM TO: FROM: Deparoment ofWate t Supply- luy Velazquez County of Hawaii RVF.L.A7,OITE2"\VANTENG.CDM LOCATION: DATE: 345 Kekuanaoa St,Suite 20 September 5,2023 Hilo,HI 96720 808-961-8070 RE: SAVANT REFERENCE NUMBER: Residence Inn JJC.B WH-001 Kailua-Kona,HI- Estimated future «aterconsumption NOTES/COMMENTS: Objective: Calculations for estimated future water consumption Type 'A' units will have maximum 2 occupants Type'B' units will have a maximum of occupants Type'C' uhits will have maximum of 6 occupants 33 Type'A' Rooms@ 65.24 Gpd= 2,152.92 Gpd& 66 occupants. 62 Type'B' Rooms@ 130.48 Gpd = 8,089.76 Gpd&248 occupants. 5 Type'C' Rooms@ 195.72 Gpd= 978.60 Gpd& 30 occupants. 344 occupants@ 25 Gpd for amenity** usage = 8,600 Gpd. 2,153 Gpd + 8,090 Gpd+ 979 Gpd +8,600 Gpd= 19,822 Gpd. Irrigation will utilize 20 sprinkler heads having a flow rate of I GPM. Sprinkler heads will be cycled on twice per day for a duration of 30 Min per cycle. 20 sprinkler heads * 1 GPM * 30 Min* twice a day= 1200 GPO 19,822 Gpd+ 1,200 Gpd= Total Daily Estimated usage of 21,022 Gpd. Pagel of 3 These calculations have been provided using sound engineering practices and supported by 12 months of water billing for a property of similar occupancy. Billing may be provided upon request, however, detailed below for your convenience is a consolidation of said usage. Water consumed in Date gallons during Average Gallons Range thiscycle Per Day Average Gallons Per Room 03,1512019 422900 13..§ 42 91 04/15/2019 365200 11781 79 iiuLl'21212 318800 10993 73 06114120'! 9 303300 9478 63 07/16/2019 292500 9750 65 08/15/2019 290000 9063 60 09/16/2019 334000 11517 77 011512019 334800 11160 74 11/15/2019 232800 8315 56 E/13/2 19 203400 ?164 41 01/15/2020 216800 7476 50 8944 0211312020 286200 60 Gpd per room determined by occupant. Occupant, during their stay,assumed to flush 1.28 gpfwater closet 4 times, shower for 10 mins@ 2.0 gpm, utilize kitchenette sink for 5 mins @ 1.5 gpm. Total consumption per occupant, per day, during the time in their room throughout their stay, assumed to be 32.62 Gpd. ....Amenity defined as house&guest laundry, pantry kitchen, & pool. Page Zof3 1Q-- LICENSED PROFESSIONAL ENGINEER No, 1-5099-NI fl t1- Thank you, Ray Velazquez,PE (770)319-7400 SAVANT Engineering UC Page3 of3 SidneyFuke, Planning Consultant mic P.O.Box 1345•Hilo,Hawai'i 96720 Planning•Variance•Zoning Cell:(808)989-0640 subdivision-Land Use Permits E-mail:sidneyfuke@gmail.com Environmental Reports November 10,2023 Mr.Zendo Kem,Director Planning Department COUNTY OF HAWAI'I I01 Pauahi Street Hilo, HI 96720 Dear Mr. Kem: Subject: SMA Request(PL-SMA-2023-000038 Kona Hawaii Development, LLC Kailua-Kona.North Kona Hawaii.TMK: 7-5-018: 011 This is in response to seven agencies and one public comment to date regarding the subject application. In response to those comments, please note the following: a. In its memo of October 20, 2023, the Engineering Division of the State Department of Land and Natural Resources ("DLNR") outlined the permitting requirements if the property fell within a Special Flood Hazard Area(high risk areas). In this case,the property is designated"X" areas outside of the 500-year storm, and thus the cited regulations do not apply. b. DLNR's Hawai'i District Land Division (October 11,2023)had no comments. c. In its November 1, 2023, memo, DLNR's Division of Forestry and Wildlife ("DOFAW")concurred with the SMA's earlier condition in the use of "Best Management Practices during and after construction to contain any soils and sediment with the purpose of preventing damage to near-shore waters and marine ecosystems as well as using native plants for landscaping when possible. " The project will be applying Best Management Practices and use as much as possible native plants that need little water for landscaping. The applicant is also aware of the need to respect and protect the Hawaiian Hoary Bat,Hawaiian Hawk,Hawaiian Short-eared Owl,and even the Blackburn Sphinx Moth. The suggested measures or recommended mitigation for all four species such as timing the removal of any trees on the property, evaluating the presence of any Hawaiian Hawk nests, or conducting a vegetation survey assume the site consists of trees and/or other type of vegetation. In this case,the site is devoid of any vegetation and consists of a partially completed foundation. As such, the suggested mitigation or measures should not be applicable. However, the comment relative to the potential effect of the project's lighting on Newell's Shearwater is pertinent. Accordingly, as already required by the Planning Depi. Exhibit _._. 16 Mr.Zendo Kem,Director November 10, 2023 Page 2 County of Hawai'i's lighting ordinance, the lights will be shielded. During the construction phase, no nighttime work requiring outdoor lighting is being planned, particularly between September 15 to December 15,which is the seabird fledging season. However, if there is a need for nighttime construction, it will adhere to DOFAW's recommendation of having a qualified biologist at the site "to monitor and assess the risk of seabirds being attracted or grounded due to the lighting" and subsequently follow the DOFAW's appropriate "response protocols. " The applicant is mindful of the potential spread of detrimental fungal pathogens and pests, like the Little Fire Ants and Coqui Frogs, which are problems for the community and will be for the project. As such, the project's landscape architect and contractor will consult with the Big Island Invasive Committee "to help plan, design, and construct the project, learn of any high-risk invasive species in the area, and ways to mitigate their spread. " Finally,on the matter of risks of overall wildfire prevention and especially to the endangered and native species noted above, this should not be a concern. As noted earlier, the site is devoid of vegetation. d. Relative to the State Commission on Water Resource Management ("SCWRM") comments of October 19, 2023: • The project has received a commitment or allocation of22,000 gpd from the County Department of Water Supply ("DWS"). It has already provided the project's maximum daily water use calculation prepared by a Hawaii registered engineer. Based on this analysis, DWS will determine whether the project needs to be adjusted to assure the allocated amount is not exceeded. • The applicant is aware that securing additional water from the DWS is not feasible. Notwithstanding that limitation but also in keeping with its philosophy of creating a"green"project, the project will install water efficient fixtures as well utilize landscape irrigation conservation best management practices that has been endorsed by the Landscape Industry Council of Hawaii. Further, through proper design, excess water will be directed to landscaped areas where the ground would be a little more permeable and can thus absorb the additional water. • To minimize ground or surface water impacts,any drywell to address on-site generated water will require an Underground Injection Control permit from the State Department of Health. That permit will specifically address those concerns. Mr.Zendo Kem,Director November 10, 2023 Page 3 e. The State Department of Health ("DOH")in its memo of September 25, 2023, outlined the necessity to comply with its noise and fugitive dust requirements. The applicant and/or its contractor will comply with those requirements. Further, as drywells will be needed to address site-generated water, the permit requirements of the National Pollutant Discharge Elimination System (NPDES) and Underground Injection Control (UIC)will be secured. As there will be food service, the appropriate sanitation requirements will be met. That review will occur during the building permit process. f. In its letter of October 23,2023,the State Office of Planning and Sustainable Development offered two comments. • Relative to the'potential cumulative impacts on the coastal area"that would "include the adjacent development of the Royal Kona Hotel and the Kona Reef Resort Condominium", there are future permitting obligations that will specifically address that, where, if needed, appropriate mitigations will need to be taken. Specifically, as noted in response to the DOH, these permits are the Underground Injection Control (UIC) and National Pollutant Discharge Elimination System (NPDES)permits. Very briefly, the NPDES permit is the result of the Federal Clean Water Act which is designed to prohibit the discharge of pollutants through a point source (potentially like the project site)into the water- ground or coastal. It will include limits on what could be discharged as well as how the discharge is being monitored. The Environmental Protection Agency has delegated the permitting responsibility to the DOH. Likewise,the genesis of the UIC program is the Federal Safe Drinking Water Act. It is a program designed to protect the quality of Hawai'i's underground sources of drinking water by preventing injection wells(like drywells used to dispose of site-generated water) from contaminating underground sources of drinking water. That program is also administered by the DOH. • The OPSD also concurred that the view plane was to be taken from the "state highway" and with the "use oflava rockfacing and earth tone colors to blend in with the visual character of the surrounding area." Please note that for the purpose of the view plane analysis, Ali'i Drive (which is a County and not State Road)was used. The closest State Highway or Road is Kuakini Highway, and the project site is situated makai of that Highway. g. The County Police Department_in its memo of October 17,2023,noted that it had "no comments or objections to offer at this time." Mr.Zendo Kem,Director November 10, 2023 Page 4 h. In an email, dated October 3, 2023,a member of the un blic expressed concern about overall traffic,especially when there is a need for emergency evacuation. That is understandable. As noted in the application, the request is for a SMA Permit and not a zone change. As such,the zoning code's concurrency requirement for a traffic impact analysis report is not required. Further relative to the SMA permit,based on the Topliss v. Hawai'i County Planning Commission decision of the State Intermediate Court of Appeals,the Court opined that traffic is relevant only if the request is shown to have a substantial adverse effect on the coastal environment, and as such, should not be used as a basis to deny the SMA permit. In this case, the project is not adjacent to the shoreline and does not compromise coastal use. As a matter of fact, it should enhance coastal use by making pedestrian improvements along Kahakai Road. Notwithstanding the above, the project has been designed per the previously approved plans, to have only drop offs at Ali'i Drive with vehicular parking access from Kahakai Road. To mitigate their impact,traffic/road improvements- including the provision of sidewalks - would be constructed fronting the properties. In the event there is a need for evacuation, the established governmental protocols for evacuation will be adhered to. As most tsunamis are the result of seismic activities across the ocean, there is usually sufficient evacuation warning. There is a siren nearby, and unlike residences, management can and would compel its guests to evacuate for any type of emergency, be it from wildfire, tsunami, or flood. However, in the event of a locally generated tsunami - as it happened in the Tohoku region of northern Japan in 2011 - there would understandably be little evacuation time. Evacuation time would be limited, and regrettably,it would be something that cannot be avoided. Whether this project consists of 10, 48, or 100 (which is consistent with the zoning)rooms/units, having an areawide emergency evacuation plan, complete with designated and alternative routes for residents, guests, and stakeholders, would be appropriate. While such a plan could not be found on the website of the County Civil Defense Agency, if appropriate and desired,the applicant would be willing to work the County Office of Civil Defense on this. Mr.Zendo Kem,Director November 10, 2023 Page 5 We trust that this response adequately addressed the noted comments. If not or if there are questions on this matter,please feel free to contact me. Thank you very much! t \et,\V SIDNEY ;UKE Planning Consultant Copy- Kona Hawaii Development,LLC w/enclosure via email SidneyFuke, I'lanntng Consultant P.O.Box)98 •Milo,Hawaii 96720 •Planningis+Variance-Ld •Zoning Cell:(808)989-Ofi40 •Subdivision•Land Use Permits AOF €_ �� ���� •Environmental Reports November 8, 2023 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAFI 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kern: Subject: SMA Request (PL-SMA-2023-000038 Kona Hawaii Development, LLC Kailua-Kona North Kona Hawaii TMK: 7-5-018: 011 This is in response to comments from the Department of Public Works Engineering Division(DPW), dated October 23,2023,regarding the subject application. • DPW confirmed that the site is designated Zone X, area outside the 500-year floodplain, on the Flood Insurance Rate Map. Unlike other properties which are subject to flooding, this site does not fall in such a category, and as such, is consistent with SMA policies relative to coastal hazard. • Notwithstanding this designation,the applicant, as part of the Plan Approval and Building Permit processes,will prepare a concept and subsequently construction type drainage plan for the review and approval of the DPW. The plan will be consistent with Chapter 10 of the Hawaii County Code relative to Erosion and Sediment Control and implemented in conjunction with the construction of the proj ect. • Appropriate permits for work within the County rights-of-way will be secured from the DPW. This will also include the construction of driveway accesses and sidewalks. • DPW noted that its sidewalk standard is eight and not seven feet as proposed by the applicant.While an 8-foot wide sidewalk is possible fronting Ali'i Drive given its existing 50-foot wide right-of-way,it is unfeasible along the project's Kahakai Road frontage. Kahakai Road has a relatively narrow right-of-way that varies between 30 to 40 feet.Further,the project is not in a position to provide additional setback along this Road, inasmuch as it will be using an existing, County- approved foundation. Planning Dees. Exhibit 17 Notwithstanding those limitations but recognizing the importance of having safe pedestrian movements in this area, the applicant has proposed a 7-foot wide sidewalk fronting Kahakai Road that will be partially constructed within the Mr. Zendo Kern,Director November 8, 2023 Page 2 project site. If needed, this area can be designated as an easement to be maintained by the project. As noted earlier,the sidewalk fronting Ali'i Drive, however, will be constructed within the existing right-of-way. Construction plans for these improvements will be submitted to the DPW for its review and approval and subsequently completed prior to issuance of the project's occupancy permit. •In DPW's comments of August 8, 2008, DPW recommended that'The street widening and roadside improvements required by this condition shall be installed along an alignment meeting with the Department ofPublic Works.Any portion of the subject parcel upon which the improvements to meet this condition are installed, shall be subdivided and dedicated to the County,upon satisfactory completion prior to the issuance ofa Certificate ofOccupancy, at no cost to the County. "As noted above,the improvements fronting Ali' i Drive will be made within the existing right-of-way. However,because of the constraints noted along the project's Kahakai Road frontage,while that section of the pedestrian way within the project site could be subdivided and dedicated to the County,the other option would be the creation of an easement.Whether an easement or subdividing and dedicating the strip of land,the result is still the same. However, the easement would be less complicated, and the project would now be in a position to maintain the walkway, In its comments of March 13, 2014, DPW stated that it had "no comments or objections to the request." We trust that this adequately addresses DPW's comments. If not or if there are further comments,please feel free to contact this office. Many thanks! S l�e£� i `� V� U-11) SIDNEY M. FUKE Planning Consultant Copy—Kona Hawaii Development,LLC w/enclosure via email Sid Fuke From: Sid Fuke <sidneyfuke@gmail.com> Sent: Monday, November 20, 2023 9:56 AM To: 'Judy Mahoney' Cc: 'Roy, Alex' Subject: View Plane Comment- Hawaii Development LLC Attachments: Mahoney-View to Shoreline (Nov 20,2023).pdf, Mahoney- Existing View to Shoreline.jpg Aloha and good morning,Judy: I am sorry for not getting back to you sooner,as I was working with the owner and its architect to address your view concerns. In that regard, please find attached the photo you emailed me and the architect's rendition of the proposed structure relative to your unit. Looking at the photo you provided—which is on the first or ground level and identified as"Mahoney— Existing View to Shoreline"-it appears that you do not have a view of the shoreline. This is due in large part to the existing Hale Kona Makai condominium,which fronts the shoreline and obstructs the shoreline view of also the proposed project . However, it appears that from your unit,you do have a narrow offshore off shore coastal view,most of it at the north or Kailua end of the Hale Kona Makai condominium. Using your photo,the architect superimposed the project which is identified as"Mahoney—View to Shoreline (Nov 20, 2023)". It shows the approximate height/dimension of the project. As you can see, the proposed project will be slightly higher than the Hale Kona Makai condominium, while extending a few feet more at the north end. While the project will result in some visual obstruction of your offshore coastal views, it appears that your existing visual "window" at the north end will be only slightly and not totally closed. In closing, while your concerns could not be accommodated, please understand that the applicant relied on the property's long-standing resort zoning and its height and density limitations and planned its project accordingly- It also looked at what was previously approved (but not completely constructed) and tried to improve upon it. This was done through the proposed use of earth-toned colors and material (such as lava facing) and native landscaping that, in the end, it believes would be more in keeping with the character of Kailua Village. It also will provide sidewalks with landscaping fronting Ali'i Drive and Kahakai Road, making it conducive and safer for walking. Please note that I am copying this to the County planner(Alex Roy)so that your comments and this response can be taken into consideration by the Department and Commission and made a part of the public record. Again,thank you very much for sharing your concerns/comments and feel free to contact me if you have any questions on this matter. Have a Happy Thanksgiving! Sid Planning Dep',i. Exhibit __-.18 A v I { x T+fkYR•� '�� d�`" *� r � v ,�(4` 1 SSww�Vim_ J.effip� Z". ytOIJ IZI 1�. CIA 1 ay^ 9s,{, P - P,,• a.��£`yS,� J '�L .5 � y+'3 �'�.. '�'� , c Y� " �r p _.-• =ti f ,a' � J ai'.'a+ -�. IT"Jai j�' �1�,�P w'�rw4ry - � ���/�• 4y (� 1� rid' - Pl u'�7Rp F •i .u,', yn:s ' SidneyFuke, Planning Consultant P.O.Box 1345•Hilo,Hawai'i 96720 •Planning•Variance•Zoning Cell:(808)989-0640 Subdivision-Land Use Permits E-mail:sidneyfuke@gmail.com Environmental Reports October 16,2023 Mr.Zendo Kern,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Dear Mr. Kern, Subject: Special Management Area Use Permit Application(PL-SMA-2023-000038) Applicant: Kona Hawaii Development, LLC Kailua Villages Pua'a 3L North Kona-Hawafi-TMK 7-5-018:011 This is in response to comments from two surrounding property owners- Jana Cook and Jan/Richard Dodge - (hereinafter referred to as "SPO") who own unit(s) within the Hale Kona Kai Condominium, located makai of the proposed project. We appreciate the opportunity to respond to their comments and have copied them with this response via email. Inasmuch as this response is directed at the public comments, it will include information that you and your staff are already most conversant with. PERMITTING REQUIREMENTS First of all,we would like to emphasize that the zoning of the site is Resort(V-.75), consistent with the General Plan"Resort" node. As such, the proposed hotel is a permitted use. However,because the site is situated within the Special Management Area("SMA") district,the proposed project must still be reviewed against the policies and guidelines of the SMA and then decided upon by the Leeward Planning Commission. Accordingly, if not for the site being within the SMA district,the request would have been processed administratively only through the Plan Approval process. This is a process that requires your office to review the details of the project for compliance with the height, parking, use, and other requirements of the Zoning Code. Although the applicant believes and subsequently represents in its application that the proposed project's density (100 units), maximum height of 45 feet,and 143 parking stalls are consistent with the Zoning Code,it is still subject to your confirmation; and if not, adjustments will have to be made prior to issuance of Final Plan Approval. However, because the site is situated within the SMA boundary,a request must be evaluated against the policies and guidelines for Major SMA Permit. As such,the responses to the public comments have been structured accordingly. Planning Dept. Exhibit 19 Mr.Zenda Kern, Director October 16, 2023 Page 2 PUBLIC COMMENTS In summary,the comments are a)design implications from Kahakai Road, looking mauka from the Hale Kona Kai Condominium and height; b)increased density and adequacy of parking; c) accuracy of the landscaping plans; d) noise impact to the Hale Kona Kai Condominium; e)traffic safety along Kahakai Road; and f) adequacy of infrastructure. Design Implications: While the SMA policies and objectives discuss visual impact, they are directed at coastal visual impacts from "public views." Specifically, the relevant objective as outlined in Chapter 205-A-2(b)(3)(B), HRS states "Ensure that new developments are compatible with their visual environment by designing and locating those developments to minimize the alteration ofnatural landforms and existing public views to and along the shoreline. "(Emphasis added)As such, as the "public" view of the shoreline from this project is Ali'i Drive, the renderings included in the application (and notices to SPO) reflected primarily those views and not Kahakai Road. If this project were situated on the makai side of Kahakai Road, like the Hale Kona Kai Condominium, a visual analysis from Kahakai Road would have been done. Notwithstanding the above and for your and the SPO's information and use, the architect has prepared a modified outline of the approximate outline of the existing Hale Kona Kai Condominium relative to the proposed elevations on the building's western fac;:ade. The architect also prepared two rough draft images of views looking both north and south along Kahakai Road. (See Attached) Relatedly, the applicant concedes that any structure on that property- be it 25,40, or the maximum 45-foot height limit- will change the character of an area and create some shadow. In this case,the proposed project is designed to be within the maximum 45-foot height limit. While different parts may exceed that limit when measured from the existing grade, the Zoning Code provides for those differentials,which must be confirmed and approved by your office at both the Plan Approval and Building Permit processes. While not directly relevant to the SMA policies and objectives, in reviewing the SPO comments, the architect noted as follows: "The only openings facing east on the existing building are the entry doors. I would assume that the balconies are not allowed to be used as patio areas because they are most likely considered exterior egress balconies and must remain clear. Although the building will cast additional shadows onto Kahakai Road, the existing concrete parking structure and retaining wall already cast shadows into the Hale Kona Kai parking area under the building and along Kahakai Road as does Hualalai around the summer solstice and Mauna Loa around the winter solstice based upon the sun's azimuth and angle at those times of year. As for airflow, the majority of the frontage is unchanged, and the presence of the realty office maintains a corridor for both sun and wind that is uninterrupted back to the fa<;ade of the proposed building which is approximately 250 from the fa<;ade of the Hale Kona Kai building." Mr.Zendo Kem,Director October 16, 2023 Page 3 Density and Parking: The proposed project is being represented as a 100-room hotel. During the course of the Plan Approval and Building Permit processes, if it is determined that there are more than 100 units, there will be a need to amend the SMA permit. Further, the existing resort(V-.75) zoning caps the density at 102 units. Anything in excess of that would require not only a new or amended SMA permit but,if more than 102 units, a zone change. This is a process that the applicant does not want to go through. On the matter of parking, the title sheet did erroneously indicate 145 parking stalls; however,the proposed number is 143. Again, while the actual number will have to be further ascertained during the Plan Approval and Building Permit processes,without which neither of those approvals can be secured, a revised sheet is attached for your use and information. (Attached) Accuracy of LandscapingP lan: Again, while not specific to the SMA Policies and Objectives,the landscaping must conform to the requirements of Planning Department Rule No. 17. The proposed landscaping plan is admittedly conceptual at this stage,yet has been prepared with Rule No. 17 in mind. Like the other aspects of the project-height, density,parking, etc. - the landscaping plan will still have to be reviewed and acted upon in conjunction with the Plan Approval process. Notwithstanding that requirement and in response to the SPO comments, the architect noted the following: "This was an unintentional omission as it was not shown on the survey and not included in our CAD drawings. There was no intention to deem this a buffer area as it is an existing building/development with no changes to the property planned. As stated before, we will take the additional time to add this building and its paved parking area to the plans. To the best of our knowledge, there are no outdoor spaces or openings on the east side of Hale Kona Kai that would be impacted by any noise generated offsite from a distance of 200 '-250." The architect then proceeded to prepare the attached revised rendering of the landscaping plan relative to the existing office building is attached for your and the SPO information. (Attached) Noise: Again, while not necessarily an SMA issue, relative to the SPO's noise concern associated with the vehicles, most of the parking will be inside the structure. The open area will be used primarily for guest registration. The architect also noted that the Hale Kona Kai building does not have many openings on the mauka side facing Kahakai Road and the proposed project. As such, that building's fire related walls should aid in suppressing any significant external n01 se. Kahakai Road: As reflected in the renderings and the application, the applicant intends to improve the frontages with sidewalks along Ali'i Drive and Kahakai Road to make it more pedestrian-friendly. This will make it easier and safer for users of the shoreline as well as guests or homeowners along Kahakai Road. Mr.Zendo Kem,Director October 16, 2023 Page4 Infrastructure: The applicant included an evaluation of the adequacy of the potable water needed for the project in the application, a copy of which is attached. That evaluation essentially concluded that potable water from the County system is sufficient. Please note that, in the end, the project would be able to use only the amount of water allocated by the County Department of Water Supply ("DWS"). The DWS will do its own evaluation and must approve the water system adequacy and design as part of the building permit review process. Likewise, the project will connect to the County sewer line fronting Ali'i Drive. Like the DWS, both the County Department of Environmental Management and State Department of Health must review and approve the wastewater system prior to issuance of a building and/or occupancy permit. I trust that this adequately responds to the public comments to date. If not or if there are additional public and/or agency comments, please let me know. Thank you very much! Sincerely, Planning Consultant Enclosures Copy- Mr.Nick Naik,Kona Hawaii Development, LLC w/enclosures Jana Cook-jcook23I La2att.net w/enclosures Jan/Richard Dodge-infoLa konamazine.com w/enclosures 1 &a B)-YWOOD Residence iN--r fl,pL!..11.0 5- HOTELS — — KAILUA-KONA,HAWAII PERSPECTIVES VIEWS 10111123 x -77 :.,,' � � gd '�'y ate' � J• � �^�: a ' 'btjr " i J a,. ;'. i T jj w 1 1 1 �. IV s J Y RAMON VELAZQUEZ, PE 532CASCADE CIRCLE #104 Casselberry.PL 32707 VOICE 770-319-74-00 MEMORANDUM TO: FROM: Department of Water Supply- Ra}•Vclazqucz County of Hawaii Rv'EL\ZOUEZ&.SAVANTENG.cm..r LOCATION: DATE: S45KclruanaoaS Suire20 September 5,2023 Hilo,HI 96720 808-961-8070 RL: SAVANT REFERENCE NUMBER: Residence Inn JJC.BWH-001 Krlua-Kona,HI- Estimated future warercoosumptioo. NOTES/COMMENTS: Objective:Calculations for estimated future water consumption Type 'A' units will have maximum 2 occupants Type'B' units will have a maximum of occupants Type 'C' units will have maximum of 6 occupants 33Type'A' Rooms@65.24 Gpd=2,152.92 Gpd &66 occupants. 62 Type'B' Rooms@ 130.48 Gpd=8,089.76 Gpd&248 occupants- 5 Type'C' Rooms @ 195.72 Gpd== 978.60 Gpd&30 occupants. 344 oc.cupants @ 25 Gpd for amenity- usage= 8,600 Gpd_ 2,153 Gpd+ 8,090 Gpd+979 Gpd +8,600 Gpd= 19,822 Gpd. Irrigation will utilize 20 sprinkler heads having a flow rate of 1 GPM. Sprinkler heads will be cycled on twice per day for a duration of 30 Min per cycle. 20 sprinkler heads* 1 GPM*30 Min*twice a day=1200 GPD 19,822 Gpd+ 1,200 Gpd= Total Daily Estimated usage of 21,022 Gpd. Page 1 ofa These calculations have been provided using sound engineering practices and supported by 12 months of water billing for a property of similar occupancy. Billing may be provided upon request, however, detailed below for your convenience is a consolidation of said usage. Wa.t.er consumed in Date gallons during Average Gallons N§b§by Per Day veal a anons PerRoom 03/15/2019 422900 _ 136 42 _ _ _ 91 I�ty��9 365200 11781, 79 �ZO 9 318800 10993 73 I _06/1412019 303300 9478 63 07O8 292500 9750 65 08/15/2019 290000 9063 60 09/16/2019 334000 11517 77 1011512019 334800 11160 74 11/15/2019 232800 8315 56 12/13/2019 203400 61641 41 01/15/2020 216800 74761. 50 02/1312020 2 8 6 2❑0! g944'. 60 * Gpd per room determined by occupant. Occupant, during their stay, assumed to flush 1.28 gpf water closet 4 times, shower for 1 o mins @ 2.0 gpm, utilize kitchenette sink for 5 mins @ 1.5 gpm.Total consumption per occupant, per day, during the time in their room throughout their stay, assumed to be 32.62 Gpd. Amenity defined as house & guest laundry, pantry kitchen, & pool. Page Z of3 Q,N ' ..gip �� LICENSED * PROFESSIONAL ENGMEER Ma.3 5099-M F lank your Thankyou, 770)319-7400 0SAVM LLC Page 3 of3