HomeMy WebLinkAbout2024-12-16 Janet Matlock From: ianet Matlock
To: LPCtestimonv
Subject: Oppose SMA application PL-SMA-2023-000038, Kona Hawaii Development LLC
Date: Monday, December 16,2024 12:50:56 PM
Aloha Leeward Planning Commissioners,
Kona Hawaii Development LLC,a corporate creation of Baywood Dai Inc.,which is a part of DPM Acquisition
LLC,which is controlled by Diamond Resorts International, is applying for a 5-year time extension on an
expired project—while admitting this is a new proposal on an old footprint.
They claim that(even though they sold the property to themselves)they cannot make enough money building
the original application.
Why should how much money an out-of-state corporation could make—after not following through on their
own plans—be a price to be paid by the citizens of Kailua Kona?
There continue to be so many issues with this proposal, including limited water supply,adding to a stressed
sewer system,sending more rubbish to a single landfill,the inevitable runoff,the increased traffic,safety
concerns with tsunami,fire,and other evacuation bottlenecks,and ongoing denial of any archeological/
cultural impact.
Over the years, Leeward Planning Commissioners have received hundreds of public insights on these and
other issues,and I'm confident you are receiving more with this hearing.
The applicant has given lip service and minor potential concessions to some of these issues. I will address
just a few—water,traffic,and evacuation.
Water
PD Recommendation Report: "Staff notes thataccordingto the Commission on Water Resource
Management(CWRM),they have concerns on whether existing Department of Water Supply(DWS)capacity
can meet the additional proposed demand of22,000god for the hotel.Should any new water source(wells)
development be necessary to meet this demand,the CWRM has concerns about the new source impacts on
native hawaiian[sic]traditional and customary rights as well as groundwater dependent ecosystems that
could be impacted."
They have been cautioned there likely isn't enough water.We,who have frequent water restrictions imposed
on our homes and businesses,already knew this.
PD Background Report: "Water.The prior owner has already installed a 12-inch waterline from Walua Road to
the subject property that has since been dedicated to the Department of Water Supply(DWS)and is sufficient
to accommodate a fire-domestic meter. The water commitment fees and facilities fee have also all been
paid.As a result of these improvements and payments,the site is entitled to 22,000 gallons of water per day
(gpd).An estimated daily average water consumption calculation was determined based on an analysis of
the proposed project,the project consumption was determined to be 21,022 gpd, which is less than the
entitlement."
That is a 978 gallon difference between what they estimate and what is allowed,for a building intending to
provide lodging to visitors—not residents—who have no experience of Kailua Kona's ongoing droughts and
water restrictions.The Florida engineer hired to provide usage estimates seems to have forgotten/ignored
that this project is being touted as a longer-term stay resort,yet the kitchenette water use is estimated at 5
minutes per day. Plus factor in an on-site laundry. Plus a restaurant. Plus a pool. Plus...
Traffic
PD Background Report: "Traffic:No traffic impactanalysis was conducted for the proposed project,however,
the applicant stated that the proposed development does notgenerally conflict with the normal
working/commuting traffic."(emphases added)
PD Background Report:"Further, while a number of visitors will be driving to the proposed hotel, the visitor's
normal travel pattern does notgenerally conflict with the normal working and/or commuting traffic"
What evidence is there for these statements?What is a"visitor travel pattern?"What is"the normal
working/commuting traffic?"
We do not know,as there has not been a traffic study.
PD Background Report: `As noted in the application, the request is fora SMA Permit and not a zone change.
As such,the zoning code's concurrency requirement for a traffic impact analysis report is not required.
Further relative to the SMA permit,based on the Topliss v. Hawaii County Planning Commission decision of
the State Intermediate Court of Appeals,the Court opined that traffic is relevant only if the request is shown
to have a substantial adverse effect on the coastal environment,and as such,should not be used as a basis
to deny the SMA permit. In this case, the project is not adjacent to the shoreline and does not compromise
coastal use.As a matter of fact,it should enhance coastal use by making pedestrian improvements along
Kahakai Road."
What is this?A sort of, "We don't want to do a traffic study,and you can't make us?"
Are they expecting us to believe that adding parking for 147 vehicles(with a grand total of three public parking
spots),and potentially sidewalks IF the Dept.of Public Works approves the design,will"enhance coastal
use?"That adding the traffic generated by an additional 100+hotel rooms won't have a negative impact on
AU'i Drive or adjacent streets?That having traffic exit from Kahakai Road will not create bottlenecks or safety
issues?
Evacuation
PD Background Report: "However,in the event of locally generated tsunami-as it happened in the Tohoku
region of northern Japan in 2011 -there would understandably be little evacuation time. Evacuation time
would be limited,and regrettably,it would be something that cannot be avoided."(emphasis added)
"Whether this project consists of 10,48,or 100(which is consistent with the zoning)rooms/units,having an
areawide emergency evacuation plan,complete with designated and alternative routes for residents,guests,
and stakeholders, would be appropriate. While such a plan could not be found on the website of the County
Civil Defense Agency,if appropriate and desired,the applicant would be willing to work the[sic]County
Office of Civil Defense on this."
Yes.An areawide emergency evacuation plan would be appropriate.County Civil Defense should work with
all interested and affected parties to develop a clear and comprehensive plan.
And until one is developed and implemented,the only way to avoid the"regrettable"is to not approve
projects endangering potentially hundreds of unaware visitors-not to mention local citizens.
Please deny this application.
Mahalo for your time and consideration,
janet Matlock
Kailua Kona