HomeMy WebLinkAboutCOM 0601.005 2020-2022 Ashley L. Kierkiewic
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Council Member Fax:(808)961-8912
District 4 Puna +? ;. ashley.kierkiewicz@hawaiicounty.gov
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IIAWAVI COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street * Hilo,Hawaii 96720
MEMORANDUM
DATE: March 1, 2022CD
4r.
TO: Maile David, Council Chairperson
And Members of the Hawaii County Council
FROM: Ashley L. Kierkiewicz, Council Member .>
SUBJECT: Supplemental Material-Bill No. 115
Please see the attached letter as supplemental material to be presented with Bill No. 115 during the March
8,2022,Planning Committee meeting.
Mahalo.
AKlj s
Cornni N o.
Rif. T0.
Serving the Interests of the People of Our Island Ref. TO: _
Hawai`i County is an Equal Opportunity Provider and Employer
i n yFuk , Planning ConSUltant
100 Pauahi Street,Suite 212®Hilo,Hawaii 96720 e Planning®Variance a Zoning
Telephone:(808)969-1522 Cell:(808)989-0640 =Subdivision®Land Use Permits
E-mail:sidfuke@hawaiiantel.net ®Environmental Reports
HAND DELIVERED
March 1, 2022
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Ms. Ashley Kierkiewicz, Chair
Planning Committee
COUNTY OF HAAI'I `®
25 Aupuni Street --
Hilo,Hawai'i 96720
Honorable Chair Kierkiewicz:
Subject: Response to Sierra Club's Letter—Kumu Hou (Bill No. 115)
Please find attached a letter/memorandum, dated March 12022,to you and the other
members of the Council Planning Committee from Dr. Ann Bouslog of PBR Hawaii &
Associates, Inc. responding to a letter from the Hawaii Island Group of the Sierra Club.
We trust that this sufficiently addresses contents of the letter, as well as Councilmember
Villegas follow up questions. If not, please note that Dr. Bouslog will be present at the March S
meeting and would be more than happy to field any follow up questions.
Thank you very much!
Sincerely,
SIDNEY M. FUKE
Planning Consultant
Enclosure
Copy—All Councilmembers wl enclosure via email
Mr. John Plunkett, Waikoloa Land Company wl enclosure via email
Dr. Ann Bouslog, PBR Hawaii wl enclosure via email
MEMORANDUM
DATE: March 1, 2022
PBH
R AWAII TO: Planning Committee, County Council, County of Hawai'i
&LASSOCtNTES, INC. c/o Ms. Ashley Kierkiewicz, Chairperson
P.STAEF DUNCAN,ASLA
FROM: Ann M. Bouslog,Ph.D. /PBR HAWAII
RUSSELL Y.I.CHUNG,FASLA,LEED-AP BD–C
VINCENT SHIGEKW-L SUBJECT: SIERRA CLUB LETTER RE KUMU HOU AT WAIKOLOA
Sen hy
GrANT T_a)[L1RAKA,%Tr,AICR LEED'AF BDC
Aloha Chairperson Kierkiewicz and members of the Planning Committee,
KDAr MIKAXII YUEN,LEED-AP BD+C
Waikoloa Land Co. (WLQ and its planning team received the February 21, 2022 letter
TONIS HlZELL,AICP from the Sierra Club,Hawaii Island Group on February 22. Because of its late receipt,
we were unable to respond at the February 22 Planning Committee hearing, but do so
CATIE CULLISOK UCP
here.
TFION[AS S_XXTETF–K,FASLA
Ow"'In—D7m,s I. Impact of potable and brackish water use on nearshore environments — Dr.
NV,ERANK BRANDT,FASLA, Steve Dollar,principal of Marine Research Consultants, Inc., studied the potential
impacts of Kumu Hou on nearby marine environments. Dr. Dollar coordinated his
research with Mr.Tom Nance(see below)to understand the interactions of natural
R_kYMOND T.RIGA,ASLA
processes, Kumu Hou's potable and brackish water requirements, and its plans for
2�IARC SHRVATNU,ASLA wastewater use. The study concludes that:
DACHENG DONG,LEED'AP * Kumu Hou will not add to any potential for impacts to endangered or
AAociero Prmdpal
protected marine species.
ANN MIKIKO ROUSLOG,PhD 0 Kumu Hou is expected to benefit nearshore water quality because by
Di vetor enabling less nutrient inputs to the ocean,owing to reductions in irrigation
RAXISAY R_X-TAU
M
Cultm,al needs after the repurposing of the nine golf fairway areas.
NIlCAH,McxPLLEK ASLA,LEED'AP
Dr. Dollar also commented that the U.S. Environmental Protection Agency (EPA)
NATHALIE RAZO has not classified the marine waters adjacent to Waikoloa Beach Resort as being
S,W es data regarding
impaired. Rather,the State Department of Health (DOM compares
GRACE ZHENG,ASLA.LEElY GA,SITES"AP nearshore waters to benchmark averages that are set by the EPA, and labels areas
as"impaired"wherever data suggest an exceedance. However,Dr.Dollar indicates
ETSUYO KILA Assedwe it is widely understood that those averages do not always make sense in West
GREG NAV_A1 Hawaii, as it appears that high levels of groundwater discharge resulting from
Assacfrr� rainwater very far from the shoreline lead to unusual baseline nutrient loads in this
NICOLE SNVANSOK ASLA area.
As,Ocwfc
2. Effluent from the Waikoloa Wastewater Treatment Plant(WWTP)—Mr. Tom
I00I 1li,41(T strea,SWL,650
H*R_,WU,Hj�,,"0�""S 13-j4$1 Nance, hydrogeologist at Tom Nance Water Resource Engineering, studied the
T,T z i,�18).3?I_ I potential impacts of Kumu Hou on water resources. At full build-out and
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E-mail: yFadminL?pbrhwcaii.com occupancy,it is estimated that Kumu Hou will produce 0.25 million gallons per day
(MGD)of domestic wastewater. It would be treated to R-1 (tertiary) quality at the
Hawaii Water Service Company's wastewater treatment plant. All of this treated
wastewater would be reused for golf course irrigation on the remaining 27 golf
holes.
PLANNING LANDSCAPE ARCHITECTURE - ENVIRONMENTAL STUDIES - ENTITLEMENTS ; PERMITTING - GRAPHIC DESIGN
I
Planning Committee, County Council, County of Hawaii,
c/o Ms. Ashley Kierkiewicz, Chairperson
SUBJECT: SIERRA CLUB LETTER RE KUMU HOU AT WAIKOLOA
March 1, 2022
Page 2 of 3
The golf courses are, and will continue to be, irrigated by a combination of R-I treated
wastewater and brackish groundwater. Mr.Nance concluded that the addition of Kumu Hou's
treated wastewater to that mix will have two significant environmental benefits:
• It will reduce the pumpage of brackish groundwater from the 'Anaeho'omalu Aquifer
System by the amount of the treated wastewater addition.
• Experience with golf courses throughout the State of Hawaii(State)has shown that the
nutrients necessary for turf grass growth are far more efficiently taken up when provided
in the irrigation water on a daily basis rather than in periodic fertilizer applications.
Increasing the wastewater content in the irrigation water will translate into less fertilizer
use and less leaching of nutrients into the groundwater moving beneath the golf course
that ultimately discharges into the marine environment.
3. Use of underground injection wells by WWTP - The WWTP has one disposal well. It is
operated under UIC Permit No. UH-2294 and the permittee is the Hawaii Water Service
Company. Since the WWTP's conversion to R-1 treatment was completed in 2013, use of
this well has been very infrequent. Essentially all of the treated wastewater is used for golf
course irrigation. The addition of the Kumu Hou project will not change this in any way.
The disposal well is currently operated in compliance with the permit requirements,including
water quality analyses and annual status report testing. If and when the State DOH requires
an NDPES permit for continued use of the disposal well,the Hawaii Water Service Company
will obtain that permit.
Affordable housing commitment—Waikoloa Beach Resort has been designated for economic
production and resort use by the State and County for decades. The first State Land Use
Commission decision and orders was granted in 1968; subsequently, the Resort has been
granted County zoning, General Plan, and Special Management Area approvals, including last
year's action by the Leeward Planning Commission.
Waikoloa Beach Resort has served this mission,and created some 5,000 jobs that support local
families along the way. It has done so with private infrastructure and utilities that were
developed and continue to be maintained at no cost to the County,while still welcoming public !
access. These contributions would not have been possible had the development had a primary
resident focus rather being a source of revenues attracted from outside of the local community.
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Nevertheless, and despite having already satisfied its regulatory requirements for affordable
housing, WLC is very cognizant of today's need for more affordable housing solutions. In
consideration,WLC has taken the unprecedented step of proposing affordable workforce rental
homes on zoned property within the Resort. Instead of pursuing more income-producing
activities on such lands, WLC has offered to provide a site for not less than 140 affordable
workforce homes within the Resort,along with the necessary off-site infrastructure,at no cost
to this affordable housing mission. WLC has consistently represented that this housing would
be maintained as affordable for a minimum of 65 years,with 60%of units targeting households
earning no more than 60% of the Area Median Income (AMI) and the balance targeting
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Planning Committee, County Council, County of Hawaii,
c/o Ms. Ashley Kierkiewicz, Chairperson
SUBJECT: SIERRA CLUB LETTER RE KUMU HOU AT WAIKOLOA
March 1, 2022
Page 3 of 3
households earning no more than 120% of AMI. These representations have been offered in
writing, in the draft condition presented to the Planning Committee.
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4. Affordable housing condition—As noted, WLC has offered a condition to the rezoning of
the Kumu Hou Project District (addressed by Bill 115), with intent to codify the number of
units, their market orientation, and duration. The 2021 SMA approvals for this area require
that occupancy permits for the affordable housing development must be obtained no later than
an occupancy permit for any timeshare development within the Kumu Hou Project District.
The newly proposed condition reiterates this.
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5. Encumbrance of contributions to the Waikoloa Foundation — WLC's draft condition
pertaining to the Waikoloa Foundation requires that the applicant record a covenant at the
State Bureau of Conveyances, that this covenant runs with the land, and ensures the
contribution of a share of timeshare revenues derived from the Kumu Hou Project District.
WLC and its legal counsel are aware of the Hokulia case, and will take steps to ensure that
Kumu Hou Project District's condition can be fulfilled.
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Moreover, in its draft condition,WLC has offered to allow the County to designate a share of
such contributions to support affordable housing and/or tourism management initiatives at its
discretion.
6. Conveyance of the Kings' Trail to NPS — As noted in its proposed new condition, the
applicant is willing to offer at no cost any of its ownership of that portion of the King's Trail
that bisects the Waikoloa Beach Resort to the appropriate entity of the State and/or Federal
government.
7. Classification of 264 timeshare units (Bill 112)—Former County Planning Director Chris
Yuen's October 11, 2007 letter clarified that timeshare units developed pursuant to existing
residential zoning shall be considered residential and not resort units.
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Thank you for allowing us to respond to the Sierra Club letter.I'd be pleased to address any further
questions you or other Committee members may have on this topic, before or during the next
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hearing on March 8th.