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HomeMy WebLinkAboutPD Background & Recommendation Report (SMA 437 Revoke)BG_BOAZ_SMA_Revoke_2025 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: BOAZ, LLC REVOCATION OF SPECIAL MANAGEMENT AREA USE PERMIT No. 437 (SMA 03-011) _______________________ BOAZ, LLC is requesting the revocation of Special Management Area Use (SMA) Permit No. 437 (SMA 03-011) originally issued to KOA Ventures LLC by the Leeward Planning Commission on October 3, 2003 (Planning Department Exhibit 1 – Letter Dated October 20, 2003), to allow for the development of a new 4-story, 32-unit condominium building and related uses on 1.195-acres of land situated within the Special Management Area in Puapuaʼa 2nd, North Kona District, Hawaiʻi Island, TMK: (3) 7-5- 020:021. REQUEST 1. Revocation of Special Management Area (SMA) Use Permit No. 437 (SMA 03-011): The applicant (Boaz LLC) is initiating the revocation of SMA Use Permit No. 437, which was approved on October 3, 2003, by the Leeward Planning Commission. The proposed improvements included the development of a 4-story, 32-unit condominium building and related improvements. (Planning Department Exhibit 2 – Letter Dated February 24, 2025) 2. Reasons for the Request: Due to a failure to secure an additional time extension for SMA No. 437, the Planning Director requested that the applicant submit a new SMA Use Permit Application for review and processing. RECOMMENDATION Based upon the above review of the request for revocation, the Planning Director recommends that this request to revoke Special Management Area Use Permit No. 437 (SMA 03-011) be approved by the Planning Commission. Harry Kim Mayor County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 " Fax (808) 961-8742 October 20, 2003 Mr. Klaus Conventz P.O. Box 2308 Kailua-Kona, HI 96745-2308 Dear Mr. Conventz: Special Management Area Use Permit Application (SMA 03-011) Request: 32-Unit Condominium Project Applicant: KOA Ventures, LLC Tax Map Key: 7-5-20:21 The Planning Commission at its duly held public hearing on October 3, 2003, voted to approve the above-referenced application. Special Management Area (SMA) Use Permit No. 437 is hereby issued to allow the construction of a 4-story, 32-unit condominium building and related improvements. The property is located along the makai side of Alii Drive, between the Casa De Emdeko condominium complex and the Kona Isle condominium complex, Puapuaa, North Kona, Hawaii. Approval of this request is based on the following: The purpose of Chapter 205A, Hawaii Revised Statutes (HRS), and Special Management Area Rules and Regulations of the County of Hawaii, is to preserve, protect, and where possible, to restore the natural resources of the coastal zone areas. Therefore, special controls on development within an area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options. The approval of this request is based on the proposed development having met the following criteria: Mr. Klaus Conventz Page2 The proposed development will not have any substantial adverse environmental or ecological effect except as such adverse effect is minimized to the extent practicable and is clearly outweighed by public health, safety, or compelling public interest. The applicant proposes to develop a 32-unit condominium project consisting of one 4-story structure and related improvements with an average height of approximately 42.5 feet. The development will include the required off-street parking stalls ( 42 parking stalls proposed including 1 van accessible stall meeting with AD.A requirements), that will include 18 garages, 16 carports and an uncovered parking area to accommodate 8 cars. A swimming pool, spa and cabana will be located along the southern boundary of the property. The development will be oriented to the retired and second-home market with an estimated sales price between $450,000 to $850,000 for the 1 to 3-bedroom units. The property, which is located within an area that has been extensively developed, is not known to contain any unique ecological systems or provide habitats for any endangered plant or animal species. Air quality in the area of the subject property is mostly affected by emissions from natural and vehicular sources. No significant long­term impacts on air, noise or water quality are anticipated by the proposed development except those generated during the construction phase. These short-term impacts can be mitigated through the utilization of best management practices. A condition of approval will be added to require that measures be taken to minimize the potential of both fugitive dust and runoff sedimentation. The proposed development will be located in between _two other similardevelopments, Kona Isles and Casa de Emdeko. There are significant adverse environmental and ecological effects anticipated by the cumulative traffic impact of these combined developments to the Special Management Area on Alii Drive. These developments are located within the tsunami inundation and evacuation zone. In the event of a tsunami, the cumulative traffic impact created by the need for the occupants of these developments to evacuate would cause significant adverse effects without proper improvements to the Alii Drive. Access to and from the property is from Alii Drive, County roadway with a 20-foot wide pavement within an approximate 50-foot wide right­of-way. According to a Traffic Analysis Impact Report (TIAR) submitted by the applicant, the existing roadway system has sufficient capacity to accommodate the growth in ambient traffic and the traffic would be generated by the proposed condominium. The only action requested would be to extend the existing two-way left tum lane to service the proposed driveway. Comments from the Department of Public Works-Engineering Division agreed with this conclusion to extend the existing two-way left tum lane to accommodate northbound left turns into the project. DPW also requested that a 5-foot wide future road widening setback easement be provided along the entire frontage of the property to accommodate future road widening. Therefore, conditions of approval will be added to reflect these requests. -.-,-. Mr. Klaus Conventz Page 5Approval of this request is subject to the following conditions. Should any of the foregoing conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate procedures to revoke the permit. 1.The applicant, its successor or assigns shall be responsible for complying with allstated conditions of approval.2.Construction of the proposed development shall be completed within five (5)years from the date of this permit. Prior to construction, the applicant shall secureFinal Plan Approval from the Planning Director in accordance withSections 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shallidentify all existing and proposed structures, landscaping, paved driveway accessand parking stalls associated with the proposed development. Landscaping shallbe provided as required by Planning Department Rule 17 (LandscapingRequirements).3.A drainage study shall be prepared and submitted to the Department of Publicworks for review and approval prior to the issuance of a grading permit andsubmittal of plans for Plan Approval review. Drainage improvements, ifrequired,shall be constructed, meeting with the approval of the Department of PublicWorks prior to the issuance of a Certificate of Occupancy.4.A public access plan, which includes the 10-foot wide mauka-makai access,designated lateral shoreline access, and public access parking stalls as required bythe "Grant of Easement for Public Access, sufficient public access signage andrelated improvements shall be submitted to and approved by the Platming Directorprior to Final Plan Approval. The applicant shall be required to comply theconditions of the "Grant of Easement for Public Access" recorded as DocumentNo. 91-014902 with the Bureau of Conveyances on February 4, 1991. Allrequired improvements shall be in place prior to the issuance of a certificate ofoccupancy for any portion of the development.5.During construction, measures shall be taken to minimize the potential of bothfugitive dust and runoff sedimentation. Such measures shall be in compliancewith construction industry standards and practices utilized during constructionprojects of the State of Hawaii.6.The 40-foot shoreline setback line shall be staked by a registered surveyor prior toany grading or grubbing activity. A letter confirming staking shall be submitted tothe Planning Department. Mr. Klaus Conventz Page 6 7.The applicant shall extend the existing two-way left tum lane on Alii Drive toaccommodate northbound left turns into the proposed development in the mannerspecified by the Department of Public Works.8.Install street lights, signs and markings meeting with the approval of theDepartment of Public Works, Traffic Division.9.The applicant shall provide a 5-foot wide future road widening setback easementalong the entire frontage of the property along Alii Drive. The road wideningsetback easement shall be dedicated to the County upon request at no cost to theCounty. A paved shoulder along the entire frontage of the property extending tothe right-of-way shall be provided meeting with the approval of the Department ofPublic Works ..1Q, Any vehicular security gate shall be located a minimum of 45 feet from Alii Drivepavement. Further, a turn around on the Alii Drive side of the gate shall beprovided.llJIO.]A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. R[l 1.]The applicant shall connect to the existing sewer line on Alii Drive, meeting with the approval of the Department of Environmental Management prior to the issuance of a Certificate of Occupancy. �[12.]Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources­Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR­HPD when it finds that sufficient mitigation measures have been taken. 14.(13.]An Emergency Preparedness and Response Plan shall be submitted to the Hawaii County Civil Defense Agency for review and approval prior to the issuance of a Certificate of Occupancy. Mr. Klaus Conventz Page7 12,[14.]An annual progress report shall be submitted to the Planning Director prior to the a1111iversary date of the approval of the permit. The report shall include, but not be limited to, the status of the development and compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Pla1111ing Director acknowledges that further reports are not required. lli(l5.]Comply with all applicable laws, rules, regulations and requirements of other affected agencies, including the Department of Public Works, the Department of Water Supply relative to potable water, the Department of Environmental Management Solid Waste Division and the Department of Health. 11.(16.]An initial extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: A.The non-performance is the result of conditions that could not have beenforeseen or are beyond the control of the applicant, successors or assigns,and that are not the result of their fault or negligence. B.Granting of the time extension would not be contrary to the originalreasons for the granting of the permit. C.The time extension granted shall be for a period not to exceed the periodoriginally granted for performance (i.e., a condition to be performed withinone year may be extended for up to one additional year). This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Mr. Klaus Conventz Page 8 Should you have any questions, please contact Nonnan Hayashi of the Planning Department at 961-8288.Sincerely, Fred Galdones, Chainnan Planning Commission LkoaventuressmaO I PC cc: Department of Public Works Department of Water Supply County Real Property Tax Division Planning Department - Kana Office of Planning, CZM Program (w/Background) Department of Land and Natural Resources-HPD Kona Rodney Haraga, Director/DOT-Highways, Honolulu Long Range Planning Mr. Robert Usagawa Plan Approval Section Mr. Rick Oliver 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com February 24, 2025 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Alex Roy Request to Revoke SMA Permit No. 437 upon Approval of New Special Management Area (SMA) Use Permit (PL-SMA-2025-000072) Landowner: Boaz LLC Kailua-Kona, North Kona, Hawaiʻi TMK: (3) 7-5-020:021________________ Our office recently submitted Special Management Area Use Permit application number PL- SMA-2025-000072, proposing the construction of a new multifamily condominium structure. The intent of this new SMA Use Permit application is to replace the existing SMA Permit No. 437. Upon approval of SMA-2025-000072, the landowner would like to revoke SMA Permit No. 437. I trust that everything is in order for your acceptance and processing of this request and the pending SMA application for this parcel. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Land Planning Hawaii LLC