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HomeMy WebLinkAboutCOM 0601.005 2020-2022 Ashley L. Kierkiewic Z Office:(808)961-8265 Council Member Fax:(808)961-8912 District 4 Puna +? ;. ashley.kierkiewicz@hawaiicounty.gov ire oF.N►..N 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 �w 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 F 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. i 4 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 i 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 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. i I 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. I 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. j 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. 3 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 i hearing on March 8th.