HomeMy WebLinkAbout2024-02-28 PL-CCH-2023-000019 Jana Cook Additional Testimony From: Jana Cook
To: Jackson. Maiia; Roy.Alex;LPCtestimonv; Kern.Zendo; Dacavanan. Melissa;Jan Dodge
Subject: Fw: Written Testimony for Kona Hawaii Development Application
Date: Wednesday, February 28,2024 12:47:05 PM
Attachments: Ruffner Schindwolf SMA Testimony 1 9 24(1).odf
Letter to Planning Commission-20240118.odf
Dodge-LPC Testimony 20240103.odf
Aloha, Maija,
I am following up on this email which was sent on January 18, 2024.
The attached letter from Ms. Ruffner and Mr. Schindwolf has now been uploaded for inclusion in the
written testimony.
There is a letter attached from me that is clearly addressed as written testimony for the Leeward Planning
Commission regarding tomorrow's hearing on the Kona Hawaii Development project. While my initial
email inquiry to Mr. Roy from October has been now included, this letter which was written after much
more research and review has not been included. Please ensure that this letter with my concerns is
made available to the Commission.
I have also added an email that was forwarded to me from Ms. Jan Dodge, another owner at Hale Kona
Kai. She had sent an email to Mr. Roy in October which is still not included in the information provided to
the Commission. This email is referenced in the response from Mr. Fuke to both myself and Ms. Dodge
and that response is actually included in the Background Report, but neither of the original emails that he
was responding to were included. My email is now in the list of documents, but that of Ms. Dodge from
October nor the follow up letter she sent in January are included. Admittedly, there is a typo in the email
address from January 3 and I am not certain if Ms. Dodge sent this to any other email address, but it
should also be included in the information under review by the Commission.
I look forward to an acknowledgement that this email has been received and the written testimony will be
provided to the Commission.
Mahalo,
Jana Cook
951-833-6126
----- Forwarded Message-----
From: Jana Cook <jcook231 @att.net>
To: Maija Jackson <maija.jackson@hawaiicounty.gov>
Sent: Thursday, January 18, 2024 at 01:14:24 PM CST
Subject: Written Testimony
Good morning, Maija,
I have attached my letter of written testimony to be shared with the Commission.
Going back to my concerns about what has been omitted from the reports being sent to the Commission -
neighbors talk. In our conversations with our neighboring board at Kona Reef, the attached letter was
shared with our board at HKK with concerns from owners at Kona Reef. This letter is not included with
the current Board Packet and it has at least one significant issue that is of major concern to Kona Reef. I
have reached out to the sender, but it is a bit of a game of tag going through the association management
company, so I don't know if they are aware it isn't included and whether you can forward it having
received it from a third party.
Mahalo,
Jana Cook
951-833-6126
23 Nature Pointe Drive
Tijeras, NM 87059
January 9, 2024
Leeward Planning Commission
County of Hawaii, East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, HI 96720
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.)
1
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.
4
Jana Cook
421 East Broad Street,Suite 4-100 75-5870 Kahakai Road Unit 509
Mineola,Texas 75775 Kailua-Kona,Hawaii
951-855-6126 JCook251@att.net
January 18, 2024
Honorable Members of the Commission,
As a long-time owner at Hale Kona Kai, I appreciate the opportunity to address the Commission
regarding the proposed development at Ali'I Drive and Kahakai Road.
Please note that I am not opposed to the development of the property. The unfinished project
has been a blight on the community for far too long. However, the development must be done
in a manner that is healthy for the entire community, the Kahakai Road neighborhood, and
even for the applicant and any future operator of the proposed business.
I have many concerns about the background report which seems incomplete with the
anticipated negative impacts glossed over or omitted from the report. I urge the Commission
to reject this report, returning it to the applicant to provide complete, detailed elevations and
diagrams of the proposed project. For example, omitted are complete elevations of the west
and north side of the complex which would give a full aspect of how the proposed building will
change the entire atmosphere of the neighborhood. The proposed 40' structure on top of the
existing retaining wall and parking garage will be massive and loom over the narrow Kahakai
Road.
A primary concern is the room construction. The provided diagrams show 100 rooms with Type
A, B, C and D configurations. By my count there are 51 rooms in the Type C configuration which
are two-room suites with three entry doors. Such construction will allow these rooms to be
rented as two separate rooms and have the effect of creating a 151-room hotel.
In the Estimated Future Water Consumption Report completed by Ramon Velazquez, PE, there
are only Type A, B and C units, with Type D omitted. The Type C unit is listed as a maximum of 6
occupants, but it only calculates for 5 Type C units, not 51. By my calculations, this changes the
maximum total occupancy from 344 guests to 452 guest and places Total Daily Estimated water
usage at 28,874 gallons, not the 21,022 gallons listed in the report. This is approximately 25%
above the water use of 22,000 gallons per day supported by the previously permitted and
installed water connection.
The parking provided on site is only 143 spaces. With spaces reserved for check-in, handicap,
staff and other hotel parking, this is completely inadequate for the estimated occupancy of the
hotel. This will significantly intensify parking in the area which is already impacted by visitor
parking for the Royal Kona, Huggo's and other high usage facilities in the area.
While it was deemed in 2018 that no traffic study was required for 48-unit condominium
complex, the change to a 100-room hotel is a significant intensification of the vehicle and
pedestrian traffic in the area. Kahakai Road is designated as two-lanes and 25 mph, but this is
not the de facto use today. With the heavy pedestrian traffic it already experiences, Kahakai
Road has a maximum speed of 15 mph, two cars passing requires careful cooperation of both
drivers and there is heavy use for service and delivery vehicle at the existing hotel and
restaurants. A traffic study must be completed to determine the best management of the
current and additional traffic from holiday drivers unfamiliar to the area.
I also have significant concerns about the noise which will be created in the U-shaped
configuration of the hotel with high walls on each side. This will contain and focus sound from
the outdoor recreation area of the hotel and direct it toward the west, directly toward the Hale
Kona Kai property. Mitigation must be put in place through landscape, building design and
event limitation to lessen the sound which will leave the property and disrupt the quiet nature
of the already existing properties.
It is these concerns and others that have motivated me to file the Petition for Standing in a
Contested Case. It is my desire to work with the consultant and applicant to make this
development a welcome addition to the neighborhood, providing a high-quality experience for
their own guests and the existing properties which will need to co-exist with aloha spirit.
Mahalo,
Jana Cook
Hale Kona Kai
Writte'i F.i bl c TesL"i vany to Leeward Planning Commission (PL-SMA-2023-0000 8.)
From; five ItWlazinq-com)
TG-. i�p l--avai icountv C w
3. 2024 as
Tesilmony t)y.a! d on tlic k)(�half of Rzcha(Ij arei Janic-a) D13d9n. ow-iei-i of llp.ik, Kona Kii 1,;urit:u;mriit.-r inift 208,located at 75-13870 Kah.ikai
Rd Kailuid-Kona, H1 136740
To: LGeward Plzinniflg Commiissiion, mgirdircj the public heaarirky scliludulod Jarluary 18,20-1d
Attn: Alex Roy, SidllEy nuke and Barbara DeFronco
We. Richaro m.-d 01WIJL., reiltw*l a SUSPENSION of the recGnirriumlation to approve application PL-SMA-2023-000038 FIS SU137-nitted.
The reasons for our rL-q LJI:S L :)re as follows;
E rraneo:i s H n te-I C apa ci:ty a r,(I I ncorrect Zori in g
Whrrestates}as a i0ll-un.lt hotel development,the 51 Type-C Jllits h.-:Vf! three entry T li':<; L�-41,11 i01k for li('. hotel (o
i n)p I i,rn e i it a-I o r-k-off" re ritall,Creating a 151-u[lit 11 Met Th ik I{, i w q r i i f ii--a nt m be ri s i f i t:a t i u:i of use from t!i c. previously approved 48
confloniinmins,and 5hnkjlci Iria-ger more significant scrutiny fior •,'Iv-;k.-1!Fl:UFlU1l impacts. Mos,irn[Mllmlhy, wc' 'WLss 9121 Cite current
Zownq would h vu to t��ezjian.q!LcJ to have a hotel oF more thz-,=i '02 rorniF,.
t..1 f:P. c; r i k. S-1 I;I Y
F hiwo havr- rer:--- NO 'TRAFFIC STIJDFF, li 1 201& it wa* du-,-ried wlcwue5sary,whu;i it wus a 48-urllL L;L)JJ(lkJJJl:JJ1;JJ7J
(;ompwx. Now Lir.,As 151 holef ilnlLs. wilh -.iiri which Iond t{, KAiakai Rco-,A AND W,;, 14 Kiln Kai p,)tkircl t'At ffiffi 11'e,
addihou�d pedr--'i iajis rin Kuhakai i4rii1d, iidd:L:0.lELl V011CUlar It-iflic. wid Llic,ir:sl lic. ill 311d 01.7. 01 Illf: r10LIPI. A!;I 1AY t�I'C'ILHLJ is, r!ql111rn(J Lf5
determine the ir.-iffic How and FIL-F-ffi'll Mit I
Inadaquate Pedostria:i (-'orisideration
The plan calls tar a 7-foot sidewalk all around the tiuildincl 7k- Lk-lit-tri.-Nq Iraffir" This .-.PpeaFs tO CliMjJk;1tL' E110
:xid6k5j that cijerantiy tixi,3ts for those sOcKlllg bu'.^I' ear ;-Mu,�t lizii kiriq uEi Kz&t!is.-tai Road, makai of the project. 7 herc JrE.- ric-
athei -;idewalks for ;{5 L} �11 Ainng -irirtl- Of th,:.'til';I. sc, p:dcstrinns will still be using the traffic
thL-re Will jUSL bit MUCH MORE pedestrian traffi:: u-m:c 1!iv%-
Substandard Plan for Par-king
• There arn 143 1po Kirig At 80%occupancy,that r. [20 refit:ils In I -,Ir)L.., 'm"s WL! K-AVE : ;-Rilt.i car. Several spacq5 will h+:
dedicated to hotel receptior to tamporary parking, handicap stalls^ utjii ipwAL L;L;rs :,ild riij-'4be i hoLc,! sh011E. This parking is
completely inadeq"te for 1.731 homfl tjnilx r,l.js 7,,ir,,irq T-OFT'le-.staff on �7*m-.o w w7 , -,od rl�r- pk)jm.,rIv Tllir, -0yill imp.1".r 13,11kirly
throughout,he Kahakai nEighborl-cm,: for rAuLats. workers and ihm:,e -u.-Amq
Lack of A rr h iteirti i ra I D rawi r..-. �levati o ns
• The height at the middincl i:F- o-ily descriheci fron) tha Ali'i FJdf- of IM! hLlildiflq 1>. 1rririrj 411 !pelt, 11i)(ler Ole 49'maximum, Alorw�i K;ihakai
Road, th impact Ol ud—nrj 40 feet of sITUCLure on EDP of the 20 [C-E't of Existing retaining wall and a parking !itTLicture, of an F-drvatLon
that rfi�wnhjll iY,,,,rn rlw, Alill Drivc! will Cr�2te a I)-,61rlirit! that towe2n5 G%IeF AND cruLAes a cariyon Df Knliakai Ro-d. _II Ile
p_rpj tgtEtdL i'rri ag @,s_J.rr i ii t!ic.wl -.. ,ii-e ni-r h.c ci F-.vq�I-..)prq rmt are: Lrn t fer--11 the Q r i g i nzi I ruji qrt.a m I 0i i I y.iol 1r ic dr awi r i g w1m;k�_-.r 4:)tl rl ki
reptant. SUMV Of the lr):JLJ::O Mil sh--:-.v i landst.-.api-. bari-':r:r in what ir,the exi5tinq office buildinq of C-J, Kiephvrly RE!.-jlTY
:Ziah--ird and Janice Dodne
7F�-iR7C Rd
1,.jlu Komi K;.!i Cundominium2i.unit.209
KA:I LJA-K,,x i a, -1196740
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