2024-02-28 PL-CCH-2023-000019 Jana Cook Additional Testimony

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Again, we believe this large number of potential guests was deliberately withheld from the information packet in order to conceal the true number of guests, staff members, and the resultant impact on the amount of car and pedestrian traffic. Furthermore, as of late December, we were unable to find a Traffic Impact study from the Applicant. We believe that the Applicant should be required to submit a traffic impact study and agree to pay for the recommended/required traffic control accommodations. At a minimum,we request that 3-way "STOP"signs, overhead street lights, and pedestrian crosswalks be installed at the intersection of Kahakai Road and Ali'i Drive to provide greater traffic control and increased safety to drivers and pedestrians. 3) Currently,there is "Public Beach Access"that leads from Kahakai Road across Kona Reef Property to the ocean shoreline in back of the Kona Reef Condominiums. This 10-foot wide pedestrian access area across the Kona Reef property was delineated by a Settlement Agreement dated May 12, 1984 between the County of Hawaii,the Kona Reef AOAO, and 2 other entities who no longer exist and/or do not have standing. Much has changed since the Settlement Agreement was enacted 40 years ago. According to the Hawaii Tourism Authority, the number of visitors to Kona has increased by—50%. Meanwhile, the shoreline behind the Kona Reef has undergone significant erosion as evidenced by the undermining and partial collapse of the ground on the southwest corner of the property. This erosion poses a significant safety hazard and has required installation of physical barriers to prevent pedestrians from further exacerbating the erosion or, worse yet, sliding down the unstable platform onto the rocky beach below. In 2021,the Kona Reef AOAO requested permission from the HI County Planning Department permission to shore up its fragile grounds by installing a subterranean sea wall and the request was denied. As a result,the erosion continues unabated, increasing the potential risk to an ever-increasing number of pedestrians. Given that the proposed 100-room hotel does not have a beachfront, we expect that many of the 344 guests would stray off the designated 10-foot wide pedestrian "public beach access" and trespass onto Kona Reef property. This is already happening with many non-resident visitors who treat Kona Reef property as their personal beachfront- spending the day lounging in our lawn chairs, hosting large parties, playing bongo drums, etc. Allowing the 344 guests from the proposed hotel to similarly trespass on the Kona Reef property would dramatically and negatively impact our quality of life and property values. While the terms of the Settlement Agreement may have been reasonable 40 years ago, the persistent erosion and increased number of pedestrians now pose a substantial safety risk for which the Kona Reef AOAO should not be held liable. For these reasons, we request that, if the proposed building is approved, the Kona Reef AOAO be released from the terms of the 1984 Settlement Agreement and no longer be required to provide public beach access through its property. Please let us know if you have any questions or would like additional information. Thank you for your consideration. Sincerely, Judith Ruffner Eric J. Schindwolf 2