HomeMy WebLinkAboutPL-SMA-2023-000038 01.31.24 JUDITH RUFFNER & ERIC SCHINDWOLF TESTIMONY Araujo, Jaclyn
From: Heidi Ruffner <ja ruff ner@outlook.com>
Sent: Wednesday, January 31, 2024 7:17 AM
To: LPCtestimony
Cc: Roy, Alex; Kern, Zendo;Jackson, Maija; Eric Schindwolf(ejschin@outlook.com)
Subject: Testimony regarding SMA Permit Application PL-SMA-2023-000038 (for 2/15/24 LPC
Meeting)
Attachments: Ruffner Schindwolf SMA Testimony 1_9_24 West.pdf, USPS Receipts to HCPD.pdf
Dear Leeward Planning Commissioners,
Please see our attached testimonial letter regarding SMA Permit Application PL-SMA-2023-000038.
Please note that hardcopies of this letter were delivered to the Leeward Planning Commission at the County of Hawaii
Planning Department addresses in both Kailua-Kona and Hilo on January 11, 2024(7 days before the public hearing) per
the attached USPS Priority Mail tracking receipt. However, to date, neither copy of our testimony letter has been
uploaded to the LPC Board Packets. Our testimonial letter regarding this important issue appears to have been
misplaced or disregarded by the Planning Department for 3 weeks and that greatly concerns us. We nearly missed our
opportunity to express our concerns to the LPC and wonder if other residents have experienced similar obstacles.
Nevertheless, we are grateful to have the opportunity to weigh in on this important issue and thank you for your service
to our community.
Sincerely,
Judith A. Ruffner, Ph.D.
EricJ. Schindwolf
Owners, Kona Reef D8
Email: jaruffner@outlook.com
Mobile: 505-220-1274
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23 Nature Pointe Drive
Tijeras, NM 87059
January 9, 2024
Leeward Planning Commission
County of Hawaii, West Hawaii Office
74-5044 Ane Keohokalole Highway
Kailua Kona, HI 96740
Re: SMA Use Permit Application (PL-SMA-2023-000038) TMK: 7-5-018:011
Dear Leeward Planning Commission,
Thank you for the opportunity to provide feedback on the recent SMA Use Permit Application (PL-SMA-
2023-000038) to be discussed at a Public Hearing on January 18, 2024.
For the past 7 years, we have owned a condominium located at 75-5888 Ali'i Drive (Kona Reef), D-8 in
Kailua Kona which is located diagonally across Kahakai Road from the proposed 100-room hotel
described in the SMA application. We have reviewed the information packet provided by the Planning
Consultant and have several questions and concerns regarding the proposed building that we hope you
will consider and address:
1) The building site is located on a slope as the Planning Consultant knows well. While the
proposed building will only be 40 feet tall as viewed from Ali'i Drive (maximum allowable height
is 45 feet), it will be substantially taller(-65 feet) on the makai (west) side of the building as
viewed from Kahakai Road (see attached photos). Those of us who live immediately beside
(Kona Reef Condominium residents) or behind the building (Hale Kona Kai Condominium
residents, 1 homeowner, and 1 business owner) would literally be overshadowed by this
massive structure.
We note that neither the actual height of the building on the makai side, nor artistic renderings
of the resultant narrow canyon this building would create along Kahakai Road are included in
the information packets provided by the Planning Consultant. We believe this information was
deliberately withheld in order to downplay the huge impact this proposed building would have
on adjacent residents. Furthermore, allowing a building that would be taller than the maximum
allowable height of 45 feet around the majority(>60%) of its perimeter would set a dangerous
precedent for the approval of future buildings. Exactly how much of a building would need to
be in compliance with building regulations in order to be approved? For these reasons,we
respectfully request that the maximum height of the building be limited to 45 feet as
measured from the lowest ground level on Kahakai Road.
2) The proposed building plans indicate that the entrance/exit for the hotel would be on the south
side of the building onto Kahakai Road. Presumably, many of the cars would exit to the left
(east-bound) up the hill to the intersection of Kahakai Road and Ali'i Drive. There is already
substantial car and pedestrian traffic at that 3-way intersection. Furthermore, it is hazardous for
cars to turn from Kahakai Road onto Ali'i Drive because the cross-traffic does not stop, the
speed limit is 35 mph, and the visibility is very limited due to adjacent structures and vegetation.
While the Planning Consultant mentions that the proposed structure would be a 100-room
hotel, he fails to mention that the total number of guests would be 344 at full occupancy(we
had to find this number on Exhibit F, Water Use Calculation Report of the SMA application.)
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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
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Photo 1: View of the property from the SW corner of Kahakai Road showing the slope of the
proposed construction site. The applicants are proposing to construct their 40 foot tall building
on top of this already-existing foundation and basement which are already over 20 feet tall
along the west section of Kahakai Road.
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Photo 2: Existing structure as viewed from the west section of Kahakai Road. The applicants
propose to build their 40 foot tall building on top of this existing foundation and basement. The
resultant building would measure —65 feet tall on its west side along Kahakai Road.
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Photo 3: View of Kahakai Road facing north with Hale Kona Kai Condominiums on left and
proposed building site on right. A 40-foot-tall building constructed on top of the existing
structure would tower over the adjacent residences and this narrow passageway that barely
accommodates 2 lanes of traffic and serves as a busy pedestrian thoroughfare.
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