HomeMy WebLinkAbout2024-08-14 Ka'ū CDP Meeting Packet
County of Hawai‘i
KAʻŪ COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaiʻi 96720
(808) 961-8288 • Fax (808) 961-8742
Mitchell D. Roth
Mayor
Jesse Ke
Ka’ohinani Mokuhali’i
Leina’ala Enos
Babette Morrow
Jason Masters, Chair
Pernell Hanoa, Vice-Chair
Catherine Williams
Kaweni Ibarra
Vacant
NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN of the following matters to be considered by the Kaʻū Action
Committee in accordance with the provisions of Section 92-7, Hawaiʻi Revised Statutes (HRS).
This meeting will be held in-person at the location listed in this notice and by Interactive
Conference Technology (ICT) through Zoom.
DATE: Wednesday, August 14, 2024
TIME: 5:00 P.M
IN PERSON LOCATION: Naʻalehu Community Center
95-5635 Hawaiʻi Belt Rd
Naalehu, HI 96772
ONLINE/ZOOM:
https://www.zoomgov.com/meeting/register/vJItcuirqj4qHfSAakDxnizsb8wqt2umN8A
NOTICE REGARDING PUBLIC TESTIMONY: The public may provide oral testimony at
the meeting by joining Zoom or attending in-person at the physical location listed above.
Although not required, to register in advance for oral testimony please contact staff at
cdp@hawaiicounty.gov or (808) 961-8288. Pursuant to § 92-3, HRS, interested persons who
want to provide oral testimony may do so either at the time the committee takes public
statements on the agenda, or at the time the specific agenda item is called. Please note that public
testimony may be limited to three (3) minutes in length per agenda item. In addition, although
not required, to ensure timely delivery of written testimony to committee members, it is
requested that written testimony be submitted by 4:30 p.m. at least two business days prior to the
meeting via email to cdp@hawaiicounty.gov or in person at the Hilo or Kona Planning
Department. When submitting written testimony, please specify for which agenda item written
testimony is being submitted. All written testimony will be a part of the public record.
NOTICE REGARDING INTERACTIVE CONFERENCE TECHNOLOGY (ICT):
A meeting held by ICT shall be automatically recessed for up to 30 minutes to restore
communication when audiovisual communication cannot be maintained with all members
participating in the meeting or with the in-person location identified in this notice. The meeting
may reconvene when either audiovisual communication is restored, or audio-only
communication is established after an unsuccessful attempt to restore audiovisual
communication. If it is not possible to reconvene the meeting as provided in this subsection
within 30 minutes after an interruption to communication, the meeting will be automatically
terminated.
AGENDA
I. CALL TO ORDER & ROLL CALL
II. APPROVAL OF THE MINUTES: The Committee will consider approving the draft
minutes from July 11, 2024.
III. PUBLIC TESTIMONY ON AGENDA ITEMS: Pursuant to § 92-3, HRS, interested
persons who want to provide oral testimony may do so now, or at the time the specific
agenda item is called. Public testimony may be limited to three (3) minutes in length per
agenda item.
IV. BUSINESS:
1. Letter to the Windward Planning Commission regarding the Black Sands
Beach, LLC SMA application (PL-SMA-2023-000046) – Discussion and
decision making on submitting the letter to the Windward Planning Commission.
2. Egress and Ingress at Green Sands Subdivision Regarding Kaʻū CDP Policy
118, Section 5.7.2. – Discussion and decision-making on prioritizing Policy 118
regarding hazard mitigation and evacuation routes.
3. Pāhala Water Bottling Facility – Discussion and potential decision making on
findings regarding the Pāhala Water Bottling Facility.
4. Ka Lae Coastline Access & Resources – Review and amend draft letter regarding
protecting cultural sites and natural resources in the greater Ka Lae area,
particularly Mahana Bay.
5. Discussion of Action Committee Meeting Cadence – Discussion and decision-
making regarding the scheduling, logistics, and format of future meetings.
V. AGENDA FOR NEXT MEETING: Action Committee members will discuss potential
agenda items for the next meeting including revisiting topics from meetings that did not
have a quorum.
VI. CHAIRPERSON ANNOUNCEMENTS:
• The County of Hawaiʻi Planning Department is pleased to announce the release of the
Final Recommended Draft General Plan 2045. (https://cohplanning.konveio.com/final-
recommended-draft-general-plan-2045?document=1) In-person Public Informational
Workshops will include a formal presentation of the Final Recommended Draft and will
be held:
o August 28, 2024, West Hawaiʻi Civic Center, Building A from 2pm to 4pm.
o August 29, 2024, Arc of Hilo, 1099 Waianuenue Ave from 2pm to 4pm.
o Online workshop opportunities will be available with more information to come
soon.
• The Department of Environmental Management has begun the process to Draft an
Integrated Wastewater Management Plan. A recording of the first round of public
meetings can be found here: https://www.youtube.com/watch?v=DmR2EgTRQVI • The Planning Department is currently seeking applicants for the Kaʻū Action Committee
and is requesting assistance to get the word out to interested community members. The
application can be found on the Mayor’s office website at:
https://www.hawaiicounty.gov/our-county/boards-commissions-application
VII. ADJOURNMENT
This agenda and all related documents are available in the Planning Department’s Kaʻū
Community Development Plan Action Committee folder via the County of Hawaiʻi Public
Documents Repository:
https://records.hawaiicounty.gov/WebLink/Browse.aspx?dbid=1&startid=88959 These
documents may also be requested from the Planning Department by calling (808) 961-8288 or
emailing cdp@hawaiicounty.gov.
NOTICE: The purpose of the public hearings is to afford all interested persons a reasonable
opportunity to be heard on the above items. A person desiring to submit oral or written testimony
shall indicate their name and whether the testimony is on their behalf or as a representative of an
organization or individual. Written testimony can be submitted via email or hard copy. Hard
copies should include an original and nine copies and be submitted no later than 4:30pm two
business days prior to the meeting.
Anyone who requires an auxiliary aid or service, other reasonable modification, or language
interpretation to access this meeting please contact the Planning Department at (808) 961-8288
or cdp@hawaiicounty.gov as soon as possible, but no later than five business days prior to the
meeting date, to arrange for accommodations. If a response is received after the five-business
days deadline, we will try to obtain the auxiliary aid/service or accommodation, but we cannot
guarantee that the request will be fulfilled. “Other reasonable modification” refers to
communication methods or devices for people with disabilities who are mentally and/or
physically challenged. Upon request, this notice is available in alternate formats such as large
print, Braille, or electronic copy.
If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of
becoming a lobbyist. (Article 15, Section 2-91.3(b), Hawai‘i County Code). A lobbyist means,
“any individual engaged for pay or other consideration who spends more than five hours in any
month or $275 in any six-month period for the purpose of attempting to influence legislative or
administrative action by communicating or urging others to communicate with public officials.”
(Article 15, Section 2-91.3(a)(6), Hawai‘i County Code). Registration forms and expenditure
report documents are available at the Office of the County Clerk-Council, 25 Aupuni Street,
Hilo, Hawai‘i 96720.
KAʻŪ CDP ACTION COMMITTEE
KAʻŪ COMMUNITY DEVELOPMENT PLAN 1
ACTION COMMITTEE 2
COUNTY OF HAWAIʻI 3
DRAFT MINUTES 4
July 11, 2024 5
Chair Jason Masters made announcements regarding the public testimony process, the Black Sands 6
LLC application, and the purpose of the Action Committee. [SEE YOUTUBE TIMESTAMP 0:01] 7
CALL TO ORDER 8
Chair Masters called the Kaʻū Community Development Plan (CDP) Action Committee (AC) 9
meeting to order at 5:37 p.m. A quorum was established with five members in attendance. This 10
meeting was held in person at the Pahala Community Center and online via the Zoom platform. 11
The full YouTube video of this meeting can be found here: 12
https://www.youtube.com/watch?v=1GudmNIw68I 13
ROLL CALL 14
Members Present (in person): Jason Masters (Chair), Kaweni Ibarra, Leinaʻala Enos, 15
Members Present (via Zoom): Babette Morrow and Kaʻohinani Mokuhaliʻi 16
Members Absent: Jesse Ke, Pernell Hanoa (Vice-Chair) and Catherine Williams 17
From the County (in person): Maryam Palma and Kawelo Kalili (Planning Department Staff); 18
Suzanna Tiapula standing in for Jean Campbell (Deputy Corporation Counsel for the Committee) 19
There were approximately 27 members of the public in attendance (22 in person and 5 via Zoom). 20
APPROVAL OF MINUTES 21
Committee member Ibarra motioned to approve the minutes from the May 22, 2024 meeting. 22
Committee member Enos seconded the motion. The motion passed unanimously. [SEE YOUTUBE 23
TIMESTAMP 12:04] 24
PUBLIC COMMENT ON AGENDA ITEMS: 25
Daryn Arai testimony regarding Item #1 Testimony to the Windward Planning Commission 26
regarding the Black Sands Beach, LLC SMA application (PL-SMA-2023-000046) [SEE 27
YOUTUBE TIMESTAMP 14:20] 28
29
Amy Jo Krommes regarding Item #1 Testimony to the Windward Planning Commission 30
regarding the Black Sands Beach, LLC SMA application (PL-SMA-2023-000046) [SEE 31
YOUTUBE TIMESTAMP 16:47] 32
KAʻŪ CDP ACTION COMMITTEE
Minutes of July 11, 2024
2
Amber Garber regarding Item #1 Testimony to the Windward Planning Commission 33
regarding the Black Sands Beach, LLC SMA application (PL-SMA-2023-000046) [SEE 34
YOUTUBE TIMESTAMP 20:30] 35
36
Guy Enriques regarding Item #5 Pāhala Water Bottling Facility [SEE YOUTUBE TIMESTAMP 37
25:53] 38
Elsa Kalanikauleleiaiwi Dedman regarding Item #1 Testimony to the Windward Planning 39
Commission regarding the Black Sands Beach, LLC SMA application (PL-SMA-2023-40
000046) [SEE YOUTUBE TIMESTAMP 29:57] 41
BUSINESS 42
43
1. Testimony to the Windward Planning Commission regarding the Black Sands Beach, 44
LLC SMA application (PL-SMA-2023-000046) – Discussion and decision making on 45
submitting testimony to the Windward Planning Commission. 46
This item was called to order at 6:03 p.m. [SEE YOUTUBE TIMESTAMP 35:58] 47
Committee member Morrow opened the discussion regarding the application and its relation to the 48
Kaʻū CDP, referencing Communication No. 2024-04 located in the Kaʻū CDP Action Committee 49
meeting packet for July 11, 2024. 50
Committee member Enos discussed creating a cover letter and including Communication No. 51
2024-04 as an attachment that references pertinent information from the Kaʻū CDP to the Planning 52
Commission. 53
Chair Masters made a motion to provide testimony specifically stating 4 specific policies to the 54
Planning Commission. 55
After discussion, Chair Masters amended the prior motion, which was seconded by committee 56
member Morrow. 57
Chair Masters made a motion to have a cover letter drafted specifying policies from the Kaʻū CDP 58
attached to Communication No. 2024-04 (presented at this meeting) and community testimonies. 59
This cover letter will be completed by committee member Morrow and the drafted letter will be 60
distributed before the next Kaʻū CDP Action Committee meeting on Wednesday, August 14, 2024. 61
The motion passed unanimously. 62
Chair Masters reopened public testimony on business item #1 63
Thomas Hillard regarding Item #1 Testimony to the Windward Planning Commission 64
regarding the Black Sands Beach, LLC SMA application [SEE YOUTUBE TIMESTAMP 65
1:18:35] 66
Guy Enriques regarding Item #1 Testimony to the Windward Planning Commission regarding 67
the Black Sands Beach, LLC SMA application (PL-SMA-2023-000046) [SEE YOUTUBE 68
TIMESTAMP 1:25:15] 69
KAʻŪ CDP ACTION COMMITTEE
Minutes of July 11, 2024
3
Marion G. testimony regarding Item #1 Testimony to the Windward Planning Commission 70
regarding the Black Sands Beach, LLC SMA application (PL-SMA-2023-000046) [SEE 71
YOUTUBE TIMESTAMP 1:27] 72
This item closed at 6:54 p.m. 73
Committee member Enos made a motion to transfer the remaining agenda items that were not 74
discussed at this meeting to the next meeting’s agenda, which is scheduled for August 14, 2024. 75
The motion was seconded by committee member Ibarra. The motion passed unanimously. 76
Chair Masters adjourned the meeting at 6:59 p.m. 77
These minutes and all related documents are available in the Planning Department’s Kaʻū 78
Community Development Plan Action Committee folder via the County of Hawaiʻi Public 79
Documents Repository. These documents may also be requested from the Planning Department 80
by calling (808) 961-8288 or emailing cdp@hawaiicounty.gov. 81
82
Memo to Windward Planning Commission
From Ka’ū Community Development Plan - Action Committee
August 14, 2024
Re: Testimony Regarding Black Sands Beach LLC SMA Application (PL-SMA-2023-000046)
On May 22, 2024 and July 11, 2024, the Ka’ū Community Development Plan (CDP) Action
Committee (AC) held public meetings to hear testimony from the public regarding the subject
SMA Application. The Ka’ū AC also considered analyses of the Ka’ū Community Development
Plan to determine compliance of the SMA Application with applicable policies of the CDP.
Over a decade ago, the Ka’ū CDP Steering Committee spent many years working with
community members and the County of Hawaii staff to craft the Ka’ū CDP. Several of the AC
members were Steering Committee members and several of us attended many of the meetings.
We all appreciate the extensive community involvement that resulted in the final CDP. AC
members have also listened to the abundance of testimony given at the recent Planning
Commission and Action Committee meetings to help frame this testimony.
At the May 22, 2024 AC meeting, committee member Babette Morrow presented a document
analyzing the recommendations for Punalu’u Black Sand Beach found in the Ka’ū CDP. On July
11, 2024 the Action Committee was presented with an analysis of the SMA from Ron Whitmore.
Ron was the County Planner who acted as project manager for the Ka’ū CDP creation and he
played a lead role in writing the CDP.
The detailed analysis follows, but in summary: The SMA application appears to be consistent
with the following Policy Controls: Policy 1, Policy 5, Policy 7, Policy 27. The SMA application
appears to be inconsistent with the following Policy Controls:
●Policy 6: It does not include affordable housing.
●Policy 28: A new shoreline setback should have been established.
●Policy 29: Necessary assessments were not completed, including for impacts on scenic
resources, view planes, water quality, marine life, and cultural resources as well as the
impacts of tsunamis and sea level rise.
Policy 1: Rehabilitate and develop within existing zoned urban areas already served by basic
infrastructures, or close to such area, instead of scattered development.Much of Punalu’u is in
the State Urban district and is zoned for urban uses, including near the shoreline.
Policy 5: Rehabilitate and optimize the utilization of designated resort areas that are presently
serviced by basic facilities and utilities, and before new resorts are allowed in undeveloped
coastal areas.Punaluu is designated “Minor Resort.”
Policy 6: The development of visitor accommodations and any resort development should
complement the character of the area; protect the environment and natural beauty; respect
Communication No. 2024-04
existing lifestyles,cultural practices,and cultural resources;provide shoreline public access;and
provide affordable housing to meet demand created by the development.The SMA does not
include affordable housing.
Policy 7:With the adoption of the Ka‘ū CDP,Figures 2,3,4,5,6,and 7 on pages 43 through 48
are adopted as the official Land Use Policy Map for the Ka‘ū CDP planning area.The land use
category definitions are identical to those used in the General Plan LUPAG map (and included in
the Glossary).Future land use decisions in the Ka‘ū CDP planning area shall be consistent with
the Land Use Policy Map boundaries,designations,and policies herein,unless the CDP and the
General Plan are in direct conflict.
Policy 27:To reinforce existing protections,the official Ka‘ū CDP Land Use Policy Map designates
coastal areas in Ka‘ū as open space to be preserved,protected,and connected to the rich
network of natural and cultural resources in the region.Development and construction in the
coastal “Conservation”and “Open”areas shall be minimized and,when necessary,limited to
recreation,research,and education facilities unless otherwise permitted by law.The General
Plan “Open”designation limits future uses to “Parks and other recreational areas,historic sites,
and open shoreline areas.”However,neither the General Plan LUPAG nor the CDP supersede
existing zoning,and the proposed development in the SMA is consistent with the zoning.
Policy 28:On lots that are at least partially within the Special Management Area (SMA)in the
Ka‘ū CDP Planning Area,establish shoreline setbacks at the earliest stages of the land use
planning and development process at a minimum of 1,320 feet (1/4-mile);however,the
applicant may request that the setback be reduced by providing information to the Department,
including information required for SMA review,which would allow for an assessment of the
proposed activity’s impacts and in consideration of the physical limitations of the property.For
lots created prior to the date of adoption of the CDP with an average lot depth of two hundred
feet or less,the shoreline setback line shall be 40 feet.Figure 4 in the SMA clearly includes
“new facilities”as well as development on parcels that abut the shore,including Artisan
Garden Hales,Museum Pavilion,Welcome Center,and Beach Club Café,so a new shoreline
setback should have been established.
Ron Whitmore’s analysis continues:Policy 28 is triggered by proposed development on lots that
are at least partially within the Special Management Area (SMA)in the Ka‘ū CDP Planning Area.
The assumption is that the SMA includes all areas where structures have the potential for
coastal impacts.Along most of Ka‘ū’s shoreline,the SMA extends ~500 feet mauka,but between
Punalu‘u and Honu‘apo,it extends to the highway,and at South Point,it extends ~5,000 feet
inland.This language was based,in part,on Kauai County’s shoreline setback ordinance,which
applies to lands that are not abutting the shoreline but located within five hundred (500)feet of
the shoreline.
Default:Policy 28 establishes the shoreline setback at a minimum of 1,320 feet (1/4-mile).Unlike
the current default of 40 feet,this is not completely arbitrary.It is based on 1)an assessment of
the distance of coastal resources from the shoreline in Ka‘ū (as mapped in Appendix V4A)and 2)
the ¼-mile standard used by planners to assess the “walkable”distance to sites of interest.
Note that most of the public comment during review of the Draft CDP called for much deeper
setbacks –a full mile or more.Oft-cited was the 2006 recommendation from the South
Kona-Ka‘ū Coastal Conservation Task Force to establish a 1.5 mile “no development”shoreline
setback.
Applicant’s Prerogative:Importantly,Policy 28 provides the applicant the opportunity to make a
case for a different setback by providing information specific to the site and to the proposed
activity’s impacts.
Properties Impacted:The application of this policy would not take any entitled land use rights
away.Buildable lots and urban-zoned areas in Punaluʻu would retain their rights.Park facilities
are either minor structures or eligible for a variance.Otherwise,most coastal parcels in Ka‘ū are
large,deep,and zoned Agriculture outside the near-shore conservation district strip,so a
setback wouldn’t limit permitted uses.
Policy 29:No development,including subdivision,shall be approved in the SMA unless the
development will not have any substantial adverse environmental or ecological effect.
In order for the Planning Director to accurately evaluate whether the proposed action will have
a substantial adverse effect,the Director shall require that SMA Use Permit Assessment and Use
Permit applications include all of the information necessary to assess the proposed activity’s
impacts in the Special Management Area,including but not limited to:
●A description of the environmental setting and natural resources in the area,including
an assessment of impacts on rare,threatened,or endangered species (such as the local
green sea and hawksbill sea turtles and the Hawaiian hoary bat)or their habitat and on
fresh and coastal water quality;
●A description of valued cultural resources or historical sites in the area,including the
extent to which traditional and customary native Hawaiian rights are exercised in the
area;
●An assessment of impacts on coastal scenic and open space resources and view planes,
including those outlined in the General Plan,the Community Development Plan,and
other adopted plans,as well as the line of sight toward the sea from the state highway
nearest the coast and along the shoreline;
●Identification and detailed information of existing public access to and along the
shoreline to the specifications required by Na Ala Hele and the Ala Kahakai National
Historic Trail;
●An assessment of impacts on hazard risk,including flooding,tsunami,and coastal
erosion and/or sea level rise over the life of the development;
●A description of the relationship of the proposed action to land use plans,policies,and
control of the affected area,including the General Plan and Community Development
Plan including potential impacts on traffic and circulation and required highway
improvements.
Any development permitted,including those determined to be exempt from the definition of
development in Planning Commission Rule 9,shall be subject to terms and conditions to
achieve Coastal Zone Management (CZM)and CDP objectives and policies,including conditions
that protect natural,cultural,historic,and recreational resources;preserve agricultural land,
open space,and view planes;ensure access;mitigate impacts of coastal hazards;limit coastal
development;and concentrate new development (particularly if it is not coastal dependent)on
vacant land in town/village centers (before converting agricultural land to residential uses),and
discouraging speculative residential development.Conditions could include but not be limited
to setbacks,restrictions on artificial light,lateral and mauka-makai access requirements,
dedication of conservation and trail corridor easements,cooperation with efforts to manage
access and use of coastal resources,minimizing the number of lots abutting or near the
shoreline,and maximizing the use of land in the State Land Use Urban district and/or urban
LUPAG categories.The Planning Department conditions of approval for the SMA include:“8.The
applicant will submit to the Planning Department for review and approval the following updated
plans:1)Water Quality and Marine Life Monitoring Plan,2)Pond Management Plan,3)Cultural
Resources Management Plan,and 4)Shoreline and Preservation Area Management Plan.These
plans shall be submitted prior to any development activities described in this permit.”
(1)Pursuant to this Policy,these studies should have been completed before submitting and in
support of the SMA application.(2)Pursuant to this Policy,the SMA application should also
have included an assessment of impacts on coastal scenic and open space resources and view
planes,…,as well as the line of sight toward the sea from the state highway nearest the coast
and along the shoreline.(3)Pursuant to this Policy,the SMA-23-46 application should have
also included an assessment of impacts on hazard risk,including flooding,tsunami,and
coastal erosion and/or sea level rise over the life of the development.
Note:The Planning Director has the authority to require an Environmental Assessment (EA)or
Environmental Impact Statement (EIS)in support of an SMA application.
Mahalo for your kokua,
Ka’ū CDP Action Committee
Jason Masters,Chair
cc:Councilperson Galimba
State Representative Kapela
State Senator Kanuha
Governor Green
Planning Director Kern
August 14, 2024
Mr. Zendo Kern
Hawaii County Planning Director
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Mr. Kern:
The Mahana Bay Coastline Access and Resource Investigatory Subcommittee (MBCARIS) of the
Ka’ū Community Development Plan (CDP) Action Committee was formed to address the
concerns of the Ka’ū community about protecting cultural sites and natural resources in the
greater Ka Lae area particularly regarding Mahana Bay. Increases in tourism and related
activities have led to increased degradation of the area, resulting in significant damage to both
the land and marine environment including sea life. Additionally, important cultural sites,
including sacred burial grounds and native Hawaiian trail systems and other sites have been and
are in further danger of being damaged or destroyed.
The Ka’ū CDP addressed these issues in response to input from a large number of members of
the community during the many information-gathering meetings during its formation. The final
CDP acknowledges the importance of preserving this area throughout the document as follows:
1. Section 4.6, Protect and Enhance Ecosystems, encourage the collaborative development
and implementation of resource management plans and the enforcement necessary to protect
ecosystems.
Section 4.6.1, Community Objectives, lists the following Objectives:
●Protect, restore, and enhance ecosystems, including mauka forests and the shorelines,
while assuring responsible access for residents and for visitors.
●Encourage community-based management plans to assure that human activity doesn’t
degrade the quality of Ka’ū’s unique natural and cultural lands.
Section 4.6.4, Advocacy:
●4.6.4.4, Department of Health. Require implementation of management measures to
prevent nonpoint source pollution.
●4.6.4.5, Department of Land and Natural Resources. Following the recommendation of
the South Kona-Ka’ū Coastal Conservation Task Force, dedicate at least one State
DOCARE officer to the Ka’ū District to aid in enforcement.
●4.6.4.6, Department of Hawaiian Home Lands (DHHL). Maintain the Ka Lae (South Point)
coastal areas and related infrastructure for recreational, cultural, education, and/or
scientific uses in a manner that is protective of resources and is consistent with the
Hawaiian Homes Commission Act and all applicable laws related to Native Hawaiian
rights and public shoreline access. (GP 8.3(c) & 12.5.9.2(d)).
Communication No. 2024-05
2.Section 4.2,Protect the Coast from Development.This section protects coastal areas
from development with the CDP Land Use Map,shoreline setbacks,the Special Management
Area,and encouragement to the State to strengthen protections and the community voice in
land use decisions.
●4.2.4.1 Advocacy.Following the recommendation of the South Kona-Ka’ū Task Force,
amend HAR 13-5-40(b)to require that public hearings before the Board of Land and
Natural Resources be held in the judicial district in which the land is located.
The MBCARIS has found two recent studies regarding management of the Ka Lae area,one in
2012 and one in 2016.The DHHL Ka’ū Regional Plan was adopted in 2012 by Hawaiian Homes
Commission.This plan prioritized two projects to be implemented by 2015:(1)develop
vehicular roadway(s)and pedestrian pathways within the coastal area of Ka Lae (to manage
access to Kaulana Bay,the fishing grounds at Ka Lae,and protect sensitive resources),&(2)
protect and preserve sites in Kamā’oa.Phases consisted of:updating the Historic Landmark
designation;developing a circulation plan;pursuing partnerships;developing signage and
educational programs;obtaining funding;and constructing roads,fencing,and educational
signage.The South Point Resources Management Plan (RMP),prepared for the Hawaiian Home
Lands Trust,was finalized in October 2016.This plan stated: This resources management plan
identifies specific near-and long-term management actions for lands held under the Hawaiian
Home Lands Trust located within the ahupua'a of Kamā’oa-Pu'u'eo,Ka’ū District,Island of
Hawaii.It is intended to guide future actions to steward the land and resources of this area."
Of particular interest is the concluding paragraph on page vii of the 2016 document."The main
near-term priority for DHHL is to gain site control by managing vehicular access."
The Ka’ū Action Committee has listened to the concerns of the community and have agreed
that action needs to be taken.This issue is very important to the people of Ka’ū,as our
environment,our culture,and our history is being destroyed by lack of action by responsible
agencies.We are asking that the Planning Department forward our concerns to DHHL,DLNR,
Hawaiian Homelands Trust,and any other agency that would have authority to act,and ask
them to formulate a plan of action with a projected completion date.
Mahalo for your kokua,
Ka’ū CDP Action Committee
Jason Masters,Chair
cc:Councilperson Galimba
State Representative Kapela
State Senator Kanuha
Governor Green
Department of Hawaiian Home Lands
Division of Land and Natural Resources
Hawaiian Homelands Trust
CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
121 WAIANUENUE AVENUE ri 11316 AUG - AM '1 29
P.O.Box686 C R i 1.1ENT
HILO,HAWAII 96721-0686 CCU 1 OFHAWAII
TELEPHONE 808.935.6644 FAX 808.935.7975
WWW.CARLSMITH.COM
SLIM@CARLSMITH.COM
August 1, 2016
Duane Kanuha
Planning Director
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attention: Larry Nakayama
RE: Applicant: PMK Capital Partners LLC
Final Plan Approval application
TMK: (3) 9-6-002:016
Dear Mr. Kanuha:
This firm represents PMK Capital Partners LLC, a Hawaii limited liability company.
Enclosed for your review and processing are the following:
1.Application for Final Plan Approval;
2.Existing Conditions Site Plan;
3.Project Site Plan(includes parking calculations and landscaping);
4. Lighting Plan and specifications'
4.Floor Plans and Elevations;
5.DPW July 29, 2016 letter approving the drainage plan; and
6.Real Property Tax Clearance.
This will request that the subject Final Plan approval application be reviewed by the Hilo
Division. Please feel free to contact me or my paralegal Katherine Luga should you have any
questions, or require additional information and/or documentation to complete your review of
this matter. Thank you for your consideration.
Very truly yours,
40
Steven S
SSL:KYL
Enclosures
xc with enclosures: Client
I All exterior light fixtures will be LED and fully shielded(or fully cut-off).
HONOLULU HILO • KONA • MAUI • GUAM LOS ANGELES
10687
Communication No. 2024-06
N;; • , County of Hawaii Planning DepartmentYOF
y ••LIJiE; '•.
www.cohplanningdept.com • planning a co.hawaii.hi.us
East Hawaii Office• 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
44°'-44''
Nest Hawaii Office • 74-5044 Ane Keohokalole Hwy • Kailua-Kona,Hawaii 96740
Phone(808)323-4770 • Fax(808)327-3563
APPLICATION FOR PLAN APPROVAL
APPLICANT: PMK Capital Partners LLC, a Hawaii limited liability company
APPLICANT'S SIGNATURE: See attached authorization letter DATE:
PRINTED NAME OF SIGNER: Albert K.F. Kam, Jr. TITLE: Manager
MAILING ADDRESS: 2827 Kalawao Street
if for a corp.LLC,trust,partnership)
CITY: Hilo STATE: Hawaii ZIP CODE: 96822
TELEPHONE NO.: (808) 282-0062 EMAIL:
APPLICANT'S INTEREST:
ifnot recorded land owner)
RECORDED LAND OWNER: PMK Capital Partners LLC, a Hawaii limited liability company
Use counterpart forms for multiple owners)
LANDOWNER'S SIGNATURE: See attached authorization letter DATE:
PRINTED NAME OF SIGNER: Albert K.F. Kam, Jr. TITLE:
MAILING ADDRESS: 2827 Kalawao Street
if for a corp.,LLC,trust,partnership)
CITY: Hilo STATE: Hawaii ZIP CODE: 96822
TELEPHONE NO.: 808) 282-0062 EMAIL:
By signing above, ® LANDOWNER ®APPLICANT hereby authorizes the following to act on their behalf:
AUTHORIZED AGENT: Steven S.C. Lim, Carismith Ball, LLP
AGENT'S SIGNATURE: DATE:
MAILING ADDRESS: 121 Waianuenue - ue
CITY: Hilo STATE: Hawaii ZIP CODE: 96720
TELEPHONE NO.: (808) 935-6644 EMAIL:
Natural water bottling facility(manufacturing, processing and packaging plastic water
bottles),to include accessory retail sales,warehouse buildings, landscaping and related
structures and uses within the MG and ML zoned districts permitted under HCC Sections
PROPOSED USE: 25-5-142(a)(32)and(c),and Sections 25-5-152(a)(43),(c)and (d).
STREET ADDRESS OF PROPERTY: 96-3207 Maile Street, Pahala, Hawaii 96777
ZONING MG-la,ML-20,RS-
10,RS-15,A-1 a,A-
TAX MAP KEY: (3) 9-6-002:016 LAND AREA: 66.719 20a,Open
STATE LAND USE DISTRICT: Agriculture SPECIAL MANAGEMENT AREA: YES ® NO
This application must be accompanied by additional items as specified on the second page.
106827
FEE OWNER'S LETTER OF AUTHORIZATION
Tax Map Key No.: (3)9-6-002:016
Paauau 1st,District of Kau,Island and County of Hawaii
The undersigned is fee owner of the real property above-identified,and hereby authorizes
Carlsmith Ball LLP to communicate with,apply for,execute and process any and all County,
State and federal governmental permit applications,and to participate in proceedings related to
said real property.
A photostatic or facsimile copy of this executed authorization shall also be considered as
effective and valid as the original.
PMK CAPITAL PARTNERS LLC
a Hawa•i limited liability company
may
By l-
ALBERT K.F.KAM,JR.
Its Manager
Subscribed and sworn(or affirmed)before
me this ay o Q'Ih4e 2016.
ame:NOTARY
PUBLIC .
Notary Public,State ofHawaii No.09-96
APR 0 5 2017Mycommissionexpires: 41t r Seal)
I,,,,,,,,,,,,,
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Fee Owner's Letter ofAuthorization
Document Date: JUN 2 8 2016
No.of Pages: 1 J AR••AB
Jurisdiction(in which notarial act is performed):NOTARY
P1 11. 67scifs a=- WA—WI PUBLIC
JUN 2 8 2016 No.09-96SignatureofNotaryDateofNotarizationand
Certification Statement 9 ••• ,P P
eptvt' ' Nofai-ARZot'Sea1)
Printed Name of Notary
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William P.Keno! 4T '3 Warren H.W.Lee
Mayor 1.44.‘, 141
Randall Kurohara Brandon A.K.Gonzalez
Managing Director r!1Deputy DirectorAcn
Cramit rff gni:clan
DEPARTMENT OF PUBLIC WORKS
Aupuni Center
101 Pauahl Street,Suite 7 • Hilo,Hawaii 96720-4224
808)961-8321 • Fax(808)961-8630
www.co.hawaii.hi.us
July 29,2016
Marisol Tacon
PRYZM Consulting,LLC
3375 Koapaka Street
Suite F220-22
Honolulu,HI 96816
SUBJECT: DRAINAGE PLAN IN ACCORDANCE WITH SECTION 25-2-72(3)
Proposed Project: Pahala Town Square&Hawaiian Springs Facility
Location: 96-3207 Maile Street
Tax Map Key: 9-6-02: 016
We have reviewed the Preliminary Drainage Report(dated July 22,2016 and certified by Gary R.
Coover,P.E.)for the subject proposed development submitted in accordance with Section 25-2-72(3)
of the Hawaii County Code and provide the following.
As detailed in the Preliminary Drainage Report, its calculations and drainage maps, the
developmental runoff will be mitigated by the construction of six new dry wells. Therefore, we
approve the subject drainage plan as it satisfies the requirements of the abovementioned code.
We do not sanction the proposed site plan included within the subject study as it may be subject to
change given specific code and regulatory requirements of the affected agencies.
Should you have any questions or concerns,please contact Mr.Kelly Gomes,P.E.ofthe Engineering
Division at 961-8327.
9n44-1-7
v BEN E. IS Ii,P.E.
Engineering Division Chief
KG
County of Hawaii is an Equal Opportunity Provider and Employer
William P.Kenoi Deanna S. Sako
Mayor Q:•r=; •'!k ' Finance Director
t!.., ;
Lisa K.Miura
Deputy Director
14 OFM'-
County of Hawaii
DEPARTMENT OF FINANCE-REAL PROPERTY TAX
Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawai'i 96720 • Fax(808)961-8415
Appraisers(808)961.8354 • Clerical(808)961-8201 • Collections(808)961-8282
West Hawai'i Civic Center • 74-5044 Me Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740
Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880
Website:www.hawaiipropertytax.com
REAL PROPERTY TAX CLEARANCE
Rev. 07/13)
Date: July 29, 2016
TMK(s): (3) 9-6-002-016-0000-000
This is to certify that the real property taxes due to the County of Hawaii on the
parcel(s) listed above have been paid for the tax year 2016-2017, up to and
including December 31, 2016.
The County's real property taxes are levied on July 1st each year. The taxes
become a lien on the property assessed as of the levy date.
This clearance was requested on behalf of PMK CAPITAL PARTNERS LLC
for the County Planning Department and is issued for this/these parcel(s)
only.
90/11.0
By Rochelle Marzo, Tax Clerk
REAL PROPERTY TAX DIVISION
Paid up to and including December 31 , 2016.
Hawaii County is an Equal Opportunity Provider and Employer
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CARLSMITH BALL LLP
A LIMILEU LIABILITY LAWPARTNERSHIP
121 WAIANUENUE AVENUE
P.O.Box 686 J1
HILO,HAWAII 96721-0686
TELEPHONE 808.935.6644 FAX 808.935.7975
WWW.CARLSM TH.COM
SLIM@CARLSMITII COM
3
December 15, 2016
Michael Yee
Planning Director
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attention: Larry Nakayama
RE: Applicant: PMK Capital Partners LLC
Final Plan Approval (PLA-16-001332)
TMK: (3)9-6-002:016
Dear Mr. Yee:
The Planning Department issued PLA-16-001332 (FPA)on October 3, 2016. The
exterior elevation plans attached to the Plan Approval application were reduced copies and were
not to scale, and did not specifically note the height of the structures. Therefore,
the FPA incorrectly reflected that the scaled height of the: (1)processing plant and warehouse
structures were+18 feet and(2)the office and retail structures were+15 feet.
This letter requests an amendment to the FPA to specifically correct the height of the
structures under the "as shown on plans" and "comments" sections of the FPA. All other terms
and provisions under the FPA remain unchanged.
The attached exterior elevation plans which were submitted with the Plan Approval
application includes the correct 25 feet height reference for the: (1)retail, (2)Afai`processing
plant, (3) office building and (4)warehouse structures. Also,these structures are located within
the MG zoning district and should reflect a 50-foot mximum height and not a 30-foot maximum
height as noted on the FPA. anti (5)carne ct 4-0.-(s4-heJho-r(ere,u-.(-'t
Masm you
Srs plai'r—a4 f sfr ct.--
Please feel free to contact me or my paralegal Katherine Luga should you have any
questions regarding this submittal. Thank you for your consideration.
Very t, ly y urs,
fr Steven S.C. LiSSL:KYL
Enclosures
xc with enclosures: Client
108976
HONOLULU HILO • KONA • MAUI • GUAM LOS ANGELES
CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
121 WAIANUENUE AVENUE
P.O.Box 686 n
HILO,HAWAII 96721-0686
TELEPHONE 808.935.6644 FAx 808.935.7975
WWW.CARLSMITH.COM
SLIM@CARLSMITH COM
3
December 15, 2016
Michael Yee
Planning Director
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attention: Larry Nakayama
RE: Applicant: PMK Capital Partners LLC
Final Plan Approval (PLA-16-001332)
TMK: (3) 9-6-002:016
Dear Mr. Yee:
The Planning Department issued PLA-16-001332 (FPA) on October 3, 2016. The
exterior elevation plans attached to the Plan Approval application were reduced copies and were
not to scale, and did not specifically note the height of the structures. Therefore,
the FPA incorrectly reflected that the scaled height of the: (1) processing plant and warehouse
structures were+18 feet and (2) the office and retail structures were+15 feet.
This letter requests an amendment to the FPA to specifically correct the height of the
structures under the "as shown on plans" and "comments" sections of the FPA. All other terms
and provisions under the FPA remain unchanged.
The attached exterior elevation plans which were submitted with the Plan Approval
application includes the correct 25 feet height reference for the: (1) retail, (2)main processingplant, (3) office building and (4) warehouse structures. Also, these structures are located within
the MG zoning district and should reflect a 50-foot maximum height and not a 30-foot maximum
height as noted on the FPA.
Please feel free to contact me or my paralegal Katherine Luga should you have any
questions regarding this submittal. Thank you for your consideration.
Very t ly y urs, c
Steven S.C. Li
SSL:KYL
Enclosures
xc with enclosures: Client
10897f;
HONOLULU HILO • KONA • MAUI • GUAM LOS ANGELES
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1
Harry Kim Michael Yee
a Mayor Director
Daryn Arai
Deputy Director
IN
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
E
April 20, 2017
Steven S. C. Lim, Esq
Carlsmith Ball LLP
P. O. Box 686
Hilo, HI 96720
1 Dear Mr. Lim:
l
SUBJECT: FINAL REVISED PLAN APPROVAL (PLA-16-001332 - Revised)
Pahala Town Square & Hawaiian Springs Facility
TMK: 9-6-002:016, Por. of Paauau 1st, District of Kau, Hawaii
We have reviewed the above-described revised plans for the establishment of a Water Bottling
and Retail Facility. Enclosed and for your files, is the FINAL REVISED PLAN APPROVAL
indicating the correction to the height of the structures. Final Plan Approval issued on October
3, 2016, is therefore rescinded.
Please be aware of the conditions of approval that are part of this FINAL REVISED PLAN
APPROVAL for the proposed project. These conditions, listed on pages 2 - 4 of the FINAL
REVISED PLAN APPROVAL document, must be complied with prior to the occupancy of the
Water Bottling and Retail Facility.
For your information, all accessible parking spaces shall comply with current State and Federal
Standards. Please find the most current requirements at the Disability and Communication
Access Board website at http://health.hawaii.gov/dcab/parking or visit our website for
information: http://www.coh.planningdept.com/resources-and-references.
Any questions, please contact Larry Nakayama (808) 961-8149 or lnakayamaLc co.hawaii.hi.us.
Sincerely,
NMICHA L YEE
I Planning Director
LHN:nc1
P:\Plan Approvals\9\PLA-16-001332-Revised PMK Capital Partners LLC TMK9-6-002-016 letter.doc
a
Enclosure: PLA-16-001332 - Revised Form
l
cc:April Surprenant, Division Manager— Long Range Division
www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planningcr hawaiicountygov
COUNTY OF HAWAII PLANNING DEPARTMENT
FINAL
REVISED PLAN APPROVAL
PLA-16-001332- Revised
1 APPLICANT: DATE APPROVED:
Carlsmith Ball LLP April 20, 2017
LOCATION: TAX MAP KEY:
96-3207 Maile Street 9-6-002:016
PARCEL AREA: ZONE:
2.906 Acres Limited Industrial—20,000 sq. ft. (ML-20)
General Industrial—(MG-1 a)
Agricultural—20 acres (A-20a)Open(0) and Single-
Family Residential— 15,000 sq. ft. (RS-15)
PROPOSED USE:
Pahala Town Square&Hawaiian Springs Facility
As Shown on Plan Comments
Front Yard: (Maile Street) 133' -1" OK. 20'-0" Minimum required.
Rear Yard: (Southeast) Over Required Minimum OK. 20'-0' Minimum required.
Side Yard: (Southwest) 295' -1" OK. 10'-0' Minimum required.
Side Yard: (Northeast) 276' -10" OK. 10'-0" Minimum required.
Ht. of Structure:
Processing Plant & Warehouse Bldg.: 25 —40 feet OK. 50'-0" Maximum.
Office & Retail Bldg.: 25 feet General Industrial— 1 acre)
Access to parking: Existing asphalt paved OK. Must comply with the requirements of the
driveways off of Maile Street. Department of Public Works.
r Off-Street Parking: 205 stalls shown including OK. Stalls Required:
eight (8)ADA accessible stalls. Retail: 10,000 sf/400 sf= 25 stalls
Warehouse Bldg.: 12,000 sf/1,000 sf= 12 stalls
Processing/Warehouse: 114,250 sf/1,000 sf= 115
114.250) stalls
Offices: 3,500 sf/400sf= 9 (8.75) stalls
Total Stalls Required: 161 stalls; six (6) of which
must be ADA Accessible, of which one (1) must be
ADA Van Accessible.
Hawai'i County is an equal opportunity provider and employer
1
Final RevisedPlana Approval for TMK: (3)9 6 002:016
PLA-16-001332
Page 2 of 4
April 20, 2017
As Shown on Plan Comments
Loading and Unloading Space:OK.
13 Loading stalls shown; two of which is 10' x 22'
Note: Section 25-4-58. Dimension of loadingand1lloadingstallsat12' x 50'.
spaces. When more than one loading space is
required or the total gross floor area is more than
five-thousand square feet, the minimum horizontal
dimensions of at least half of the required loading
spaces shall be twelve feet wide and fifty feet long.1 The vertical clearance shall be at least fourteen
feet. The balance of the required loading spaces
1 may have horizontal dimensions of ten feet wide
and twenty-two feet long.
Density:
Fencing and Walls: None.
Material:
Height:
Location:
Landscaping: OK. Complies with Rule 17, Planning Department
Loriann Gordon (LPLA), Landscaping Architect Rules of Practice and Procedures.
Others: Tax Clearance. OK. Issued July 29, 2016.
Authorization Letter. OK. June 28, 2016.
DLNR - SHPD OK. See Condition 7.
Site Drainage Plan: OK. Approved July 29, 2016.
Special Management Area: N/A OK.
Does this Project have a Fair Share Contribution? FSC: Yes No X
FSC checked by: Larry Naka.vama Date: 8/22/16
Conditions of Approval:
1. Prior to issuance of the Certificate of Occupancy, approved landscape planting and improvements shall be
established per approved landscape plan and in a manner consistent with the Standards of Rule 17
Landscaping Requirements. Plants shall be maintained in a manner conducive to their health and growth.
Final Revised Plan Approval for TMK: (3)9-6-002:016
PLA-16-001332
l Page 3 of 4
April 20, 2017
1
2. Approved parking to be paved,striped and appropriate signage installed prior to issuance ofthe Certificate
of Occupancy.
3. The applicant is responsible for constructing accessible parking spaces in accordance with all current
County,State,and Federal standards and requirements.ADA van—accessible spaces shall be 11'wide by
18' deep,with a 5' wide access aisle. An alternative design allows a van-accessible space to be 8' wide if
the adjacent access aisle is also 8' feet wide. Two parking spaces may share one access aisle where
multiple parking apaces are provided, one access aisle can serve two spaces.
4. No modification to Plans without Prior Written Approval. All work shown on the development plans
covered by this Final Plan Approval shall be completed. No additions, substitutions or alterations to the
site,parking, landscaping or building design plans covered by this Final Revised Plan Approval, shall be
made without prior written approval of such changes by the Planning Department. A written request for
approval of such changes shall be submitted and include scaled plan sheets clearly specifying all proposed
changes. Upon assessing the requested changes,the director may approve or deny the requested changes
or require a new, complete application for Plan Approval where the director finds the changes to be
substantial.
5. Prior to approval of a Certificate of Occupancy(C.O.), the Planning Department may inspect the subject
property to verify compliance with the approved plans. A C. O. shall not be approved where the buildings,
site improvements,landscaping or use plans are found by the director to be inconsistent with the submittals
for which the Final Plan Approval is issued.
6. Retail sales shall be incidental and subordinate to the Limited Industrial uses that are established on the
subject property.
7. The owner/applicant shall comply with all conditions and requirements of Chapter 6E,Historic Preservation
the State of Hawaii, Department of Land and Natural Resources - State Historic Preservation Division
SHPD). No permits (building, grubbing, grading) shall be issued prior to any construction, alteration,
disposition or improvements of any nature until the State Historic Preservation Division has given its
concurrence.
8. The owner/applicant shall receive approval from the Director of Health prior to the construction of the
proposed system or modification in accordance with HAR Section 11-20-29, "Use of new sources ofraw
water for public water systems" and HAR Section 11-20-30, "New and modified public water systems."
The owner/applicant shall also meet with all Rules and Regulations regarding the Water Bottling Facility
and shall also receive approval from the Director of Health prior to the construction ofthe proposed water
bottling facility.
Final Revised Plan Approval for TMK: (3)9-6-002:016
PLA-16-001332
Page 4 of 4
April 20, 2017
1
9. This Final Revised Plan Approval rescinds previous Final Plan Approval-16-001332 (PLA-16-001332)
issued on October 13, 2016.
10. Applicant shall comply with all other applicable laws, rules, regulations and requirements of Hawaii
l
County.
1
ICHAEL YEE
Planning Director
Date: _April 20, 2017
LHN:nci
P:\Plan Approvals\9\PLA-16-001332-Revised PMKCapital Partners LLC TMK 9-6-002-016 fonn.doc
i
OFWilliamP.Kenoi Duane Kanuha
Mayor Director
Joaquin Gamiao-Kunkel
av• Deputy Director
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
t Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
October 3, 2016
i
4 Steven S. C. Lim,Esq
Carlsmith Ball LLP
7 P. O. Box 686 E
Hilo,HI 96720
Dear Mr. Lim:
k
SUBJECT: FINAL PLAN APPROVAL (PLA-16-001332)
Pahala Town Square& Hawaiian Springs Facility 3
TMK: 9-6-002:016; Por. of Paauau 1st,District of Kau,Hawaii
We have reviewed the above-described plans for the establishment of a Water Bottling & Retail
Facility pursuant to FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN
APPROVAL for your files.
Please be aware of the conditions of approval that are part of this FINAL PLAN APPROVAL for
the proposed project. These conditions, listed on pages 2-3 of the FINAL PLAN APPROVAL
s document, must be complied with prior to the occupancy of the Water Bottling&Retail Facility.
For your information, all accessible parking spaces shall comply with current State and Federal x
Standards. Please find the most current requirements at the Disability and Communication i
Access Board website at http://health.hawaii.gov/dcab/parking or visit our website for
i information: http://www.coh.planningdept.com/resources-and-references.
Any questions,please contact Larry Nakayama (808) 961-8149 or lnakayamaAco.hawaii.hi.us.
Sincerely,
F
a
J UANE LHA
Planning Director
f
LHN:nci
PAPlan Approvals\9\PLA-16-001332 PMK Capital Partners LLC TMK9-6-002-016 letter.doc
Enclosure: PLA-16-001332 Form.doc.
cc: April Surprenant,Division Manager—Long Range Division k
www.cohplanningdept.com Hawaii County isan Equal Opportunity Provider and Employer planning(rhawaiicounty.Qov
t
COUNTY OF HAWAII PLANNING DEPARTMENT
FINAL
PLAN APPROVAL
PLA-16-001332
APPLICANT: DATE APPROVED:
Carlsmith Ball LLP October 3,2016
LOCATION: TAX MAP KEY:
96-3207 Maile Street 9-6-002:016
PARCEL AREA: ZONE:
2.906 Acres Limited Industrial—20,000 sq.ft.(ML-20)
General Industrial—la(MG-la)
Agricultural—20 acres (A-20a)Open(0)and Single-
Family Residential—15,000 sq. ft.(RS-15)
PROPOSED USE:
Pahala Town Square&Hawaiian Spring Facility
As Shown on Plan Comments
Front Yard: (Maile Street 133' -l" OK. 20'-0" Minimum required.
Rear Yard: (Southeast) Over Required Minimum OK. 20'-0' Minimum required.
Side Yard: Southwest 295' -l" OK. 10'-0' Minimum required.
Side Yard: (Northeast) 276' -10" OK. 10'-0"Minimum required.
Ht. of Structure:
Processing Plant&Warehouse Bldg.: ±18' OK. 30'-0" Maximum.
Office&Retail Bldg.: : f15'
Access to parking: Existing asphalt paved OK. Must comply with the requirements of the
driveways off of Maile Street. Department of Public Works.
Off-Street Parking: 205 stalls shown including OK. Stalls Required:
eight(8)ADA accessible stalls. Retail: 10,000 sf/400 sf=:25 stalls
Warehouse Bldg.: 12,000 sf/1,000 sf= 12 stalls
Processing/Warehouse: 114,250 sV1,000 sf= 115
114.250) stalls
Offices: 3,500 sf/400sf=9 (8.75) stalls
Total Stalls Required: 161 stalls; six(6)of which
must be ADA Accessible,of which one(1)must be
ADA Van Accessible.
Hawal'i County is an equal opportunity provider and employer
d
S
Final Plan Approval for TMK: (3)9-6-002:016
PLA-16-001332
Page 2 of 3
4 October 3,2016
t
Loading and OK.
f Unloading Space: 13 Loading stalls shown; Section 25-4-58. Dimension of loading spaces.
Two of which is 10' x 22 feet and 1 l loading stalls at When more than one loading space is required
12' x 50' or the total gross floor area is more than five
thousand square feet,the minimum horizontal
dimensions of at least half of the required loading
spaces shall be twelve feet wide and fifty feet
long, and the vertical clearance shall be at least
fourteen feet. The balance of the required loading
spaces may have horizontal dimensions of ten feet
wide and twenty-two feet long.
Density:
Fencing and Walls: None.
Material:
Height:
Location:
Landscaping: OK. Complies with Rule 17, Planning Department
Loriann Gordon(LPLA), Landscaping Architect Rules of Practice and Procedures.
Others: Tax Clearance. OK. Issued July 29, 2016.
Authorization Letter. OK. June 28, 2016.
J
Site Drainage Plan: OK. Approved July 29, 2016
Special Management Area: N/A OK.
Does this Project have a Fair Share Contribution? FSC: Yes No X
i
FSC checked by: Larry Nakayama Date: 8/22/16
Conditions of Approval:
1. Prior to issuance ofthe Certificate ofOccupancy, approved landscape planting and improvements shall be
established per approved landscape plan and in a manner consistent with the Standards of Rule 17
Landscaping Requirements.Plants shall be maintained in a manner conducive to their health and growth.
6
T'
E
g},
r'
g.
Yk
Final Plan Approval for TMK: (3)9-6-002:016
PLA-16-001332
Page 3 of 3
October 3, 2016
2. Approved parking to be paved,striped and appropriate signage installed prior to issuance ofthe Certificate
of Occupancy.
3. Accessible parking spaces shall be constructed in accordance with all County,State and Federal standards
and requirements.ADA van-accessible space shall be 11' wide by 18' deep,with a 5 ` wide access aisle.
An alternative design allows a van-accessible space to be eight feet(8')wide ifthe adjacent access aisle is
also eight feet (8) feet wide. Two parking spaces may share one access aisle where multiple parking
apaces are provided, one access aisle can serve two spaces.
4. No modification to Plans without Prior Written Approval. All work shown on the development plans
covered by this Final Plan Approval shall be completed. No additions, substitutions or alterations to the
site, parking, landscaping or building design plans covered by this Final Plan Approval, shall be made
without prior written approval of such changes by the Planning Department. A written request for
approval ofsuch changes shall be submitted and include scaled plan sheets clearly specifying all proposed
changes. Upon assessing the requested changes,the director may approve or deny the requested changes
or require a new, complete application for Plan Approval where the director finds the changes to be
substantial.
5. Prior to approval of a Certificate of Occupancy(C.0.),the Planning Department may inspect the subject
property to verify compliance with the approved plans. A C.O.shall not be approved where the buildings,
site improvements,landscaping or use plans are found by the director to be inconsistent with the submittals
for which the Final Plan Approval is issued.
6. Retail sales shall be incidental and subordinate to the Limited Industrial uses that are established on the
subject property.
7. The owner/applicant shall comply with all conditions and requirements ofChapter 6E,Historic Preservation
the State of Hawaii, Department of Land and Natural Resources - State Historic Preservation Division
SHPD). No permits (building, grubbing, grading) shall be issued prior to any construction, alteration,
disposition or improvements of any nature until the State Historic Preservation Division has given its
concurrence.
8. The owner/applicant shall receive approval from the Director of Health prior to the construction of the
proposed system or modification in accordance with HAR Section 11-20-29,"Use of new sources of raw
water for public water systems"and HAR Section 11-20-30, "New and modified public water systems."
The owner/applicant shall also meet with all Rules and Regulations regarding the Water Bottling Facility
and shall also receive approval from the Director of Health prior to the construction of the proposed water
bottling facility.
8
1
t
a
sFinalPlanApprovalforTMK: (3)9-6-002:016
PLA-16-001332
Page 4 of 3
October 3, 2016
s 9. Applicant shall comply with all other applicable laws, rules, regulations and requirements of Hawaii
County.
Planning Dire for
sS
Date: October 3, 2016
3 PAPlan Approvals\9\PLA-16-001332PMKCapital Partners LLC TMK 9-6-002-016 form.doc
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T
Communication No. 2024-07
From:Diane Ware
To:Planning CDP
Subject:Black Sands Beach LLC SMAA and compliance with Ka’u 2017 CDP Ordinance
Date:Monday, August 12, 2024 11:52:11 AM
Attachments:4 - Aqua Engineering Report 2020_v1.pdf
Dear Chair and Committee Members,
Mahalo nui for your volunteer service to the community after years of communityinvolvement in creating the Ka’u CDP by overseeing it’s implementation. The Black SandsBeach LLC. SMAA as Ron Whitmore succinctly stated appears to be inconsistent with severalpolicies enumerated in the ordinance. Your willingness to determine the will of the communityas a whole as expressed in hundreds of testimonies and to investigate rather than take forgranted what has been put forward by the developer and planning director is a testament toyour value to the Ka’u community and the CDP process.
This is not the first development proposed for Punalu’u nor for Ka’u. I first became involvedwith the Ka’u CDP when Pohue Bay was again proposed to be developed with cultural andecological elements based on community values. I met father/daughter developers at a Ka’uCDP meeting. The community was not convinced and after a full EIS process in 2012-13where impacts were detailed with mitigation measures proposed and subsequent publiccomments the developers did not proceed.
This was an example of how important the EIS process overseen by the state OEQC is.Mr. Whitmore pointed out inconsistencies in the SMAA with Policy 6 which coincides withcommunity values and concerns regarding coastal development. It points to the need for acurrent and comprehensive EIS process where the community and public can review andcomment on the plan, impacts, and benefits. State law in Chapter 343 governs when and whyan EIS is needed. It is not enough for the developer and the planning director to declare thatthere will be no adverse impacts and if so they will be addressed after development is inprogress. The SMAA claims to supplement studies from the 2006-7 abandoned DEIS or pointsto an even older 1988 approved EIS. The UNITE HERE/Keep the North Shore Countrylawsuit against the County of Honolulu prevailed at the State Supreme Court (2010) declaringthat old, outdated EIS's can not be relied upon. A new EIS or supplemental SEIS is required.
Furthermore the environmental and cultural significance of the ahupua’a involved aremonumental as this area was inhabited by kanaka ma’oli for many generations and considereda wahi pana and royal court of Keoua (Ross Cordy in Exalted Sits the Chief pg. 351-353)
The SMA permit application and project do not comply with numerous policies of the
Kaʻū Community and Hawaii State Law Hawaii Revised Statutes (HRS) Chapter 343
which requires a project like this to conduct an EIS.
“The proper inquiry for determining the necessity of an environmental impact
statement (EIS) based on the language of §343-5(c) is whether the proposed
action will "likely" have a significant effect on the environment; as defined in
this section, "significant effect" includes irrevocable commitment of natural
resources”. Cultural impacts are also assessed.
Communication No. 2024-08
Endangered and endemic species impacts that need to be quantified:
Runoff is a major threat to orange black dragonfly Megalagrion
xanthomelas
Honuʻea nesting sites will be impacted with more people using the
beach
Anchialine pools not under enough protection - 20’ is NOT adequate
Monk seals frequented Punaluʻu this winter
Hylaeus anthracinus or native bee
Furthermore the current wastewater treatment plant is outdated at 50 years old. The
treatment system only treats water to remove fecal bacteria. Current Department of
Health standards require wastewater treatment to remove harmful viruses and
bacteria, as well. It is not known how damaged the wastewater collection system is,
so it is likely leaking into groundwater. Wastewater is pumped into infiltration basins
that flow into groundwater. This groundwater then flows into nearshore marine
waters. The Hawaiʻi State Supreme Court has ruled the county has an affirmative
duty to protect nearshore marine waters. This public trust resource is at risk. A 2006
Draft Environmental Impact Statement stated, "[t]he project's engineers have
assumed the treatment plant will be replaced when the new development begins."
The Planning Department's recommendations do not address the existing serious
wastewater problems. A Supplemental Environmental Impact Statement (SEIS) must
be completed before the SMA permit application can be approved and the
wastewater treatment plant must be replaced and operational before the SMA permit
is approved. I have attached the 2020 Aqua Engineering Report from PUC Docket
2018-0408 as evidence of the need for the replacement/upgrade of the facility before
any further sewer hookups are allowed per HDOH which downgraded it’s capacity to
20,000 gpd from the 100,000 gpd figure stated in the SMAA.
I look forward to your meeting Wednesday. Mahalo nui loa.
Diane Ware
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL: DARYN.ARAI@OUTLOOK.COM
August 12, 2024
Chairperson Jason Masters and members of the
Kaʻū Community Development Plan Action Committee
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, HI 96720
To the Members of the Kaʻū Community Development Plan Action Committee:
Response by Black Sands Beach LLC to August 14, 2024 Agenda Item No. 1 regarding
Letter to the Windward Planning Commission regarding the Black Sand Beach, LLC
SMA application (PL-SMA-2023-000046)
Black Sand Beach LLC, the owner of lands within Punaluʻu that are the subject of a
SMA Use Permit application, offers this response to the Kaʻū Community Development Plan
Action Committee (“Committee”) regarding its testimony dated August 14, 2024 and presented
as Communication No. 2024-04.
Black Sand Beach LLC is appreciative of the time and attention that the Committee has
devoted to considering the application and weighing it against the objectives, policies and actions
prescribed by the Kaʻū Community Development Plan (“Kaʻū CDP”). Our only disappointment
with the proceedings by the Committee is the lack of direct engagement with the Applicant,
Black Sand Beach LLC. Absent such opportunities, we offer this response for your collective
consideration.
As referenced in the Committee’s testimony, “committee member Babette Morrow
presented a document analyzing the recommendations for Punalu’u Black Sand Beach found in
the Ka’ū CDP. On July 11, 2024 the Action Committee was presented with an analysis of the
SMA from Ron Whitmore. Ron was the County Planner who acted as project manager for the
Ka’ū CDP creation and he played a lead role in writing the CDP.” While both Ms. Morrow and
Mr. Whitmore are knowledgeable individuals invested in the development and administration of
the Kaʻū CDP, the Committee must not simply defer to information presented by Ms. Morrow
and Mr. Whitmore, but must, as a collective body, independently consider all information
presented and qualify each and every finding that forms the basis for any action taken by the
Committee.
Communication No. 2024-09
Chairperson Jason Masters and members of the
Kaʻū Community Development Plan Action Committee
Page 2 of 9
August 12, 2024
This being said, we offer the following point-by-point response to the analysis offered in
the Committee’s August 14, 2024 testimony, which we have recited in this letter to make for
easier reference.
1.The SMA application appears to be consistent with the following Policy Controls: Policy 1,
Policy 5, Policy 7, Policy 27.
Applicant’s Response: Concur
2.The SMA application appears to be inconsistent with the following Policy Controls:
•Policy 6: It does not include affordable housing.
•Policy 28: A new shoreline setback should have been established.
•Policy 29: Necessary assessments were not completed, including for impacts on
scenic resources, view planes, water quality, marine life, and cultural resources as
well as the impacts of tsunamis and sea level rise.
Applicant’s Response: Disagree, as explained further below.
Policy 1: Rehabilitate and develop within existing zoned urban areas already served by basic
infrastructures, or close to such area, instead of scattered development. Much of Punalu’u is
in the State Urban district and is zoned for urban uses, including near the shoreline.
Applicant’s Response: Concur
•Areas subject to proposed new development and the reestablishment of former uses or
rehabilitation of existing facilities are all situated within the State Land Use Urban District, all of
which are or will be served by basic supporting infrastructural facilities such as roads, water,
sewer, electrical and fire protection systems.
Policy 5: Rehabilitate and optimize the utilization of designated resort areas that are presently
serviced by basic facilities and utilities, and before new resorts are allowed in undeveloped
coastal areas. Punaluu is designated “Minor Resort.”
Applicant’s Response: Concur
•The SMA Use Permit applications presents an opportunity to rehabilitate Punaluʻu so that both
residents and visitors are able to once-again enjoy the treasures that make this established
community so special.
Chairperson Jason Masters and members of the
Kaʻū Community Development Plan Action Committee
Page 3 of 9
August 12, 2024
Policy 6: The development of visitor accommodations and any resort development should
complement the character of the area; protect the environment and natural beauty; respect
existing lifestyles, cultural practices, and cultural resources; provide shoreline public access;
and provide affordable housing to meet demand created by the development. The SMA does
not include affordable housing.
Applicant’s Response: Inappropriate reference
• The purpose of the Special Management Area (SMA) is to preserve, protect, and where possible,
to restore the natural resources of the coastal zone of Hawaiʻi by placing special controls on
development within the area along the shoreline deemed necessary to avoid permanent loss of
valuable resources and the foreclosure of management options, and to insure that adequate
public access is provided to public-owned or used beaches, recreation areas, and natural
reserves, by dedication or other means. The provision of affordable housing related to a
proposed development is not a coastal natural resource concern and is, therefore, not subject to
review and protection under the statutory guidelines of the SMA.
Policy 7: With the adoption of the Ka‘ū CDP, Figures 2, 3, 4, 5, 6, and 7 on pages 43 through
48 are adopted as the official Land Use Policy Map for the Ka‘ū CDP planning area. The
land use category definitions are identical to those used in the General Plan LUPAG map
(and included in the Glossary). Future land use decisions in the Ka‘ū CDP planning area shall
be consistent with the Land Use Policy Map boundaries, designations, and policies herein,
unless the CDP and the General Plan are in direct conflict.
Applicant’s Response: Concur
• The Ninole to Punaluʻu area as identified as a Resort Area (Minor) by the Kaʻū CDP Land Use
Policy Map. The General Plan defines a “Minor Resort area” as not exceeding 500 visitor units.
The proposed Punaluʻu Village presents a total of 225 residential and short-stay units, in addition
to the approximately 100 units that comprises the current communities of Colony I and Kalana
Golf Estates.
Policy 27: To reinforce existing protections, the official Ka‘ū CDP Land Use Policy Map
designates coastal areas in Ka‘ū as open space to be preserved, protected, and connected to
the rich network of natural and cultural resources in the region. Development and
construction in the coastal “Conservation” and “Open” areas shall be minimized and, when
necessary, limited to recreation, research, and education facilities unless otherwise permitted
by law. The General Plan “Open” designation limits future uses to “Parks and other
recreational areas, historic sites, and open shoreline areas.” However, neither the General
Plan LUPAG nor the CDP supersede existing zoning, and the proposed development in the
SMA is consistent with the zoning.
Chairperson Jason Masters and members of the
Kaʻū Community Development Plan Action Committee
Page 4 of 9
August 12, 2024
Applicant’s Response: Concur
• The proposed Punaluʻu Village will set aside the entire coastal portion of its properties as a
shoreline management area that includes all of the coastal lands designated as Conservation by
the State and zoned Open by the County.
Policy 28: On lots that are at least partially within the Special Management Area (SMA) in
the Ka‘ū CDP Planning Area, establish shoreline setbacks at the earliest stages of the land
use planning and development process at a minimum of 1,320 feet (1/4-mile); however, the
applicant may request that the setback be reduced by providing information to the
Department, including information required for SMA review, which would allow for an
assessment of the proposed activity’s impacts and in consideration of the physical limitations
of the property. For lots created prior to the date of adoption of the CDP with an average lot
depth of two hundred feet or less, the shoreline setback line shall be 40 feet. Figure 4 in the
SMA clearly includes “new facilities” as well as development on parcels that abut the shore,
including Artisan Garden Hales, Museum Pavilion, Welcome Center, and Beach Club Café,
so a new shoreline setback should have been established.
Ron Whitmore’s analysis continues: Policy 28 is triggered by proposed development on lots
that are at least partially within the Special Management Area (SMA) in the Ka‘ū CDP
Planning Area. The assumption is that the SMA includes all areas where structures have the
potential for coastal impacts. Along most of Ka‘ū’s shoreline, the SMA extends ~500 feet
mauka, but between Punalu‘u and Honu‘apo, it extends to the highway, and at South Point, it
extends ~5,000 feet inland. This language was based, in part, on Kauai County’s shoreline
setback ordinance, which applies to lands that are not abutting the shoreline but located
within five hundred (500) feet of the shoreline.
Default: Policy 28 establishes the shoreline setback at a minimum of 1,320 feet (1/4-mile).
Unlike the current default of 40 feet, this is not completely arbitrary. It is based on 1) an
assessment of the distance of coastal resources from the shoreline in Ka‘ū (as mapped in
Appendix V4A) and 2) the ¼-mile standard used by planners to assess the “walkable”
distance to sites of interest.
Note that most of the public comment during review of the Draft CDP called for much deeper
setbacks – a full mile or more. Oft-cited was the 2006 recommendation from the South
Kona-Ka‘ū Coastal Conservation Task Force to establish a 1.5 mile “no development”
shoreline setback.
Applicant’s Prerogative: Importantly, Policy 28 provides the applicant the opportunity to
make a case for a different setback by providing information specific to the site and to the
proposed activity’s impacts.
Chairperson Jason Masters and members of the
Kaʻū Community Development Plan Action Committee
Page 5 of 9
August 12, 2024
Properties Impacted: The application of this policy would not take any entitled land use
rights away. Buildable lots and urban-zoned areas in Punaluʻu would retain their rights.
Park facilities are either minor structures or eligible for a variance. Otherwise, most coastal
parcels in Ka‘ū are large, deep, and zoned Agriculture outside the near-shore conservation
district strip, so a setback wouldn’t limit permitted uses.
Applicant’s Response: Further Clarification provided
• Figure 4 is the SMA application does not show “new facilities” on parcels that abut the shoreline.
The narrative within the application clearly describes “possible restoration of portions of former
restaurant buildings” to create spaces for a welcome center, museum, café and other educational
and recreational types of uses. On Page 4 of the SMA application, the following was disclosed:
“Special note should be taken that while the Applicant is proposing the restoration of the
former Punaluʻu Restaurant site for educational and recreational types of uses, it will only
be pursued if the reuse of the former restaurant buildings and surrounding grounds can be
reasonably rehabilitated in light of the regulatory environment that encumbers this
particular area, such as the jurisdictional issues related to the shoreline and the anchialine
pond, shoreline setback requirements, coastal flood requirements, and other regulatory
hurdles. At the very least, the Applicant is committed to the clean-up and maintenance of
the existing 62-stall parking lot, which includes bus parking and visitor drop-off area. The
Applicant will explore the permitting pathways in the hopes of providing for the clean- up
and establishment of passive activities at this former restaurant site, but understands that
regulations may not permit certain concept elements to be realized.”
• Regarding the recommended shoreline setback at a minimum of 1,320 feet (1/4-mile),
Mr. Whitmore did not conclude that the proposed Punaluʻu Village project is inconsistent with
Policy 28. He specifically noted that Policy 28 provides the opportunity to make a case for a
different setback by providing information specific to the site and to the proposed activity’s
impacts. The proposed Village & Wellness Center and is located approximately ¼-mile from the
shoreline. The proposed Colony II is located about 1/3rd of a mile from the shoreline. The only
significant improvement near the shoreline is the Open Market and Restaurant, located near the
former Punaluʻu Restaurant and mauka of Ninole Loop Road. The Open Market and Restaurant
will provide opportunities for local vendors to share the bounties of their hard work and talents
with visitors to the Black Sand Beach. This location on the mauka side of Ninole Loop Road was
selected due to the location of the existing parking lot, providing an opportunity to encourage
beach-goers to go to the parking lot and avoid parking on the black sand beach, and to also
encourage visitors to spend more time at the Open Market & Restaurant and less time lingering
on the crowded beach. We believe that taking a unilateral stance to force all structures and uses
at least ¼-mile inland totally disregards the carefully-crafted purpose of locating certain facilities
Chairperson Jason Masters and members of the
Kaʻū Community Development Plan Action Committee
Page 6 of 9
August 12, 2024
and uses near the coastal portions of the project site in an attempt to lure visitors away from the
black sand beach, which is currently the only attraction that brings visitors to the area. The
proposed Punaluʻu Village project aims to create opportunities that draws people to other parts of
the project site and away from the crowed black sand beach.
Policy 29: No development, including subdivision, shall be approved in the SMA unless the
development will not have any substantial adverse environmental or ecological effect.
In order for the Planning Director to accurately evaluate whether the proposed action will
have a substantial adverse effect, the Director shall require that SMA Use Permit Assessment
and Use Permit applications include all of the information necessary to assess the proposed
activity’s impacts in the Special Management Area, including but not limited to:
• A description of the environmental setting and natural resources in the area, including
an assessment of impacts on rare, threatened, or endangered species (such as the local
green sea and hawksbill sea turtles and the Hawaiian hoary bat) or their habitat and
on fresh and coastal water quality;
• A description of valued cultural resources or historical sites in the area, including the
extent to which traditional and customary native Hawaiian rights are exercised in the
area;
• An assessment of impacts on coastal scenic and open space resources and view
planes, including those outlined in the General Plan, the Community Development
Plan, and other adopted plans, as well as the line of sight toward the sea from the state
highway nearest the coast and along the shoreline;
• Identification and detailed information of existing public access to and along the
shoreline to the specifications required by Na Ala Hele and the Ala Kahakai National
Historic Trail;
• An assessment of impacts on hazard risk, including flooding, tsunami, and coastal
erosion and/or sea level rise over the life of the development;
• A description of the relationship of the proposed action to land use plans, policies,
and control of the affected area, including the General Plan and Community
Development Plan including potential impacts on traffic and circulation and required
highway improvements.
Any development permitted, including those determined to be exempt from the definition of
development in Planning Commission Rule 9, shall be subject to terms and conditions to
achieve Coastal Zone Management (CZM) and CDP objectives and policies, including
conditions that protect natural, cultural, historic, and recreational resources; preserve
agricultural land, open space, and view planes; ensure access; mitigate impacts of coastal
hazards; limit coastal development; and concentrate new development (particularly if it is not
coastal dependent) on vacant land in town/village centers (before converting agricultural land
Chairperson Jason Masters and members of the
Kaʻū Community Development Plan Action Committee
Page 7 of 9
August 12, 2024
to residential uses), and discouraging speculative residential development. Conditions could
include but not be limited to setbacks, restrictions on artificial light, lateral and mauka‐makai
access requirements, dedication of conservation and trail corridor easements, cooperation
with efforts to manage access and use of coastal resources, minimizing the number of lots
abutting or near the shoreline, and maximizing the use of land in the State Land Use Urban
district and/or urban LUPAG categories. The Planning Department conditions of approval
for the SMA include: “8. The applicant will submit to the Planning Department for review
and approval the following updated plans: 1) Water Quality and Marine Life Monitoring
Plan, 2) Pond Management Plan, 3) Cultural Resources Management Plan, and 4) Shoreline
and Preservation Area Management Plan. These plans shall be submitted prior to any
development activities described in this permit.”
(1) Pursuant to this Policy, these studies should have been completed before submitting and
in support of the SMA application. (2) Pursuant to this Policy, the SMA application should
also have included an assessment of impacts on coastal scenic and open space resources and
view planes,…, as well as the line of sight toward the sea from the state highway nearest the
coast and along the shoreline. (3) Pursuant to this Policy, the SMA-23-46 application should
have also included an assessment of impacts on hazard risk, including flooding, tsunami, and
coastal erosion and/or sea level rise over the life of the development.
Note: The Planning Director has the authority to require an Environmental Assessment (EA)
or Environmental Impact Statement (EIS) in support of an SMA application.
Applicant’s Response: Further Clarification provided
• Black Sand Beach LLC has taken a more direct approach via specific proposed actions that will
minimize any potential adverse impacts than the preparation of “plans” in order to demonstrate
that the proposed Punaluʻu Villages project will not have a significant adverse impact upon
coastal resources. These proposed actions, which are described within the SMA application,
include:
o Addressing the decades of neglect that has occurred within the project site, by
undertaking the clean-up, repair and maintenance of existing and abandoned facilities
throughout the project site;
o the continued repair and maintenance of the existing infrastructural systems that support
the existing Colony I and Kalana Golf Estates communities;
o Black Sand Beach LLC has already secured an SMA Minor Permit to allow for the
establishment of fire breaks, a compost site and maintenance of overgrown vegetation
due to decades of neglect;
o designating about 30 acres of coastal portion of project area as a Conservation
Management Area, with the remainder of the coastline from the beach park and black
sand beach to the boat ramp as a Shoreline Management Area;
Chairperson Jason Masters and members of the
Kaʻū Community Development Plan Action Committee
Page 8 of 9
August 12, 2024
o Clean up of the existing 62-stall parking area and directing visitors to this parking lot in
order to relief vehicular parking on the black sand beach itself;
o Clean up the former Punaluʻu Restaurant area and stabilize the existing dilapidated
buildings in order to find possible alternative uses that will encourage the use of this area
for educational and community activities;
o Aside from the Open Market & Restaurant located across from former Punaluʻu
Restaurant area, all other new project components are located approximately ¼-mile
inland and away from the shoreline area, minimizing visual impacts to and along the
shoreline and practically eliminating the potential impact of storm and tsunami inundation
upon project components. Buildings kept at 2-1/2 stories or below in order to minimize
visual impacts upon mauka view planes;
o The proposed project does not involve the use of lands or introduces a type of use that
warrants the preparation of an environmental assessment (EA) or environmental impact
statement (EIS) in accordance with the requirements of Chapter 343, Hawaiʻi Revised
Statutes. The Planning Director, in its Background Report regarding the SMA application,
stated that “Based on a review of the project components within the SMA area, there are
no triggers that would require an Environmental Assessment (EA) or Environmental
Impact Statement( EIS).”
o Most importantly, over 3 years of discussions with kūpuna who have kuleana in Punaluʻu
and who have been extremely helpful in guiding Black Sand Beach LLC along this
journey towards finding the proper path towards revitalizing everything that makes
Punaluʻu, Ninole and Wailau so special. The concept master plan and the reduced scale
of the proposed Punaluʻu Village project is a direct reflection of the many hours of
talking, listening, and reflection with many members of the Kaʻū community.
Concluding statement by Black Sand Beach, LLC
We find that the Committee’s August 14, 2024 testimony is not entirely accurate, and we
hope that the discussion above proves helpful to the Committee as it deliberates on its testimony
that will be presented to the Windward Planning Commission. As discussed above, Black Sand
Beach LLC finds, as the Planning Director has, that the SMA application presents the proposed
Punaluʻu Village project as compliant with the applicable policies of the Kaʻū Community
Development Plan.
Chairperson Jason Masters and members of the
Kaʻū Community Development Plan Action Committee
Page 9 of 9
August 12, 2024
Thank you for your thoughtful consideration of this matter, and I plan to be present at
your August 14, 2024 meeting to answer any questions that you may have.
With much appreciation,
Daryn Arai
Land Use Planning Consultant
cc via email: Black Sand Beach, LLC