HomeMy WebLinkAboutVillages at Mauna Lani AOAO Acknowledgement & Petition for Standing in a Contested Case Hearing County of Hawai‘i
PLANNING DEPARTMENT
www.planning.hawaiicounty.gov Hawai‘i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov
Jeffrey W. Darrow
Director Michelle S. Ahn Deputy Director
C. Kimo Alameda, Ph.D.
Mayor William V. Brilhante, Jr. Managing Director
East Hawai‘i Office 101 Pauahi Street, Suite 3 Hilo, Hawai‘i 96720 Phone (808) 961-8288 Fax (808) 961-8742
West Hawai‘i Office 74-5044 Ane Keohokālole Hwy Kailua-Kona, Hawai‘i 96740 Phone (808) 323-4770 Fax (808) 327-3563
Courtney Vega and Timothy Irons c/o Dentons US LLP
1001 Bishop Street, Suite 1800
Honolulu, HI 96813 VIA EMAIL Dear Courtney Vega and Timothy Irons:
SUBJECT: Acknowledge Petition for Standing in Contested Case Hearing (PL-CCH-2026-000030) Special Management Area (SMA) Use Permit Application (PL-SMA-2026-000087)
(Amend SMA 07-000019) Applicant: DHL Mahi Site M LLC & DHL Mahi PropCo LLC Tax Map Keys: (3) 6-8-001:050, 052, 054 and (3) 6-8-022:010 This is to acknowledge receipt of the Petition for Standing in Contested Case Hearing
that you filed with the Planning Department on April 14, 2026, in a complete and timely
fashion. The petition will be forwarded to the Leeward Planning Commission for discussion and action prior to their hearing on the subject Special Management Area Use Permit Amendment Application.
Your petition will be addressed at the next scheduled Leeward Planning Commission
hearing on Thursday, April 23, 2026, at 9:30A.M. Your presence will be required at this hearing to respond to questions that the Leeward Planning Commission may have regarding the petition for standing. The hearing notice is attached herein for your convenience.
Please refer to Planning Commission Rules of Practice and Procedure, Rule 4 (Contested Case Hearing Procedure) for information about the contested case process. The rules can be found on the Planning Department website at: https://www.planning.hawaiicounty.gov/about-us/boards-committees/planning-
commission-applications.
April 17, 2026
Courtney Vega and Timothy Irons c/o Dentons US LLP Page 2
If you have any questions, please feel free to contact Maija Jackson at Maija.Jackson@hawaiicounty.gov or via phone at (808) 961-8159.
Sincerely,
JEFFREY W. DARROW
Planning Director DSH:rms P:\wpwin60\pc\letters\2026\pl-cch-2026-000030-_acknowledgment_site m smaamend.docx
Enclosures: Hearing Notice
Petition for Standing cc via email w/ enclosures: Patrick Fitzgerald, Landowner Hugh Brady, Wilson Okamoto Corporation Katherine Garson, Carlsmith Ball LLP
Leeward Planning Commission Deputy Corporation Counsel for Planning Commission Deputy Corporation Counsel for Planning Department
Maija Jackson for (Apr 17, 2026 12:33:55 HST)
Maija Jackson for
MaijJ ck s onof
William V. Brilhante, Jr.
Managing Director
Ke Komikina Hoʻolālā Komohana, Kalana ʻo Hawaiʻi
County of Hawaiʻi
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaiʻi 96720
Phone (808) 961-8288 • Fax (808) 961-8742
Dean Au, Chair
Donna “Kinuko” Noborikawa, Vice Chair
Alexandria “Lexie” Ayers
Michael Dela Cruz
Rebecca “Kawehi” Inaba
Shawn “Kele” Makaiau
Armando Rodriguez
C. Kimo Alameda, Ph.D.
Mayor
AGENDA
NOTICE IS HEREBY GIVEN of the following matters to be considered by the Leeward
Planning Commission of the County of Hawai‘i at a regular meeting in accordance with
the provisions of Chapters 91 and 92, Hawai‘i Revised Statutes, Section 6-7.5(a) of the
Charter of the County of Hawai‘i and Planning Commission Rules of Practice and
Procedure.
DATE: Thursday, April 23, 2026
TIME: 9:30 a.m.
LOCATION: West Hawai‘i Civic Center, Council Chambers, Building A
74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i
Public Participation: This is an in-person meeting, and the Leeward Planning
Commissioners will participate in person. The primary way to view or testify at this
meeting is in-person; however, as a courtesy to the public, the Commission provides the
following additional ways to view or testify remotely at this meeting.
Optional Alternative to Provide Remote Oral Testimony: The public has the option
to provide verbal testimony at the meeting by joining Zoom. To provide verbal testimony
via Zoom, please use the link below to register prior to the meeting:
https://www.zoomgov.com/meeting/register/_8JxQ-GRSPGWRHE6cID1Xg
Optional Alternative to View Meeting:
https://www.youtube.com/channel/UCAFoRMb3rfWLQMPd6TAkEGA?view_as=subscri
ber
Please note, as this is an in-person meeting, the hearing may proceed if the Zoom
and/or YouTube connections fail.
Submitting Written Testimony: To ensure timely delivery to Commissioners prior to the
meeting, written testimony should be submitted no later than 4:30 p.m. on Monday, April
20, 2026, by: (1) email to LPCtestimony@hawaiicounty.gov; (2) mail to the Leeward
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Planning Commission at 101 Pauahi Street, Suite 3, Hilo, Hawaiʻi or (3) drop-off at the
Planning Department offices in Hilo at the address above or Kona at 74-5044 Ane
Keohokālole Highway, Building E, 2nd Floor, Kailua-Kona, Hawai‘i. If you are submitting
written testimony at the meeting, provide twelve (12) copies. All written testimony,
regardless of time of receipt, will be made part of the permanent record. Please submit
separate testimony for each item.
Meeting Materials/Board Packet: Pursuant to Hawaiʻi Revised Statutes Section 92-7.5,
the meeting materials provided to the commission is available for public inspection three
business days before the meeting date during regular business hours at the Planning
Department offices in Hilo and Kona and by clicking ‘Board Packets’ at the following
Planning Department website link: www.planning.hawaiicounty.gov/about-us/boards-
committees/planning-commission-applications. This information can also be requested
by sending an email to LPCtestimony@hawaiicounty.gov or by calling (808) 961-8288.
CALL TO ORDER
APPROVAL OF MINUTES
Review and Approval of December 18, 2025 Leeward Planning Commission
Minutes
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
Members of the public may provide public testimony regarding any agenda item
now or at the time the agenda item is called to order.
NEW BUSINESS
1. INITIATOR: PLANNING DIRECTOR (ANDY/KERRY XIE TRUST, WEI LIN
ZHAO, EULIX CHIU; FANG/HAN TR, FRED MING LI- FORMERLY T&M
PROPERTIES) (PL-PDI-2026-000015/ REZ 17-000220)
The Planning Director has initiated the repeal of Change of Zone Ordinance Nos.
19-38, 09-50, 09-49, 06-138, 06-137, 95-118, 92-36, 90-10, 86-49, 533 (1980),
and 594 (1973), amendment to Section 25-8-3 (North Kona Zone Map) and 25-8-
5 (Kailua Urban Zone Map), Chapter 25, Article 8, of the Hawai‘i County Code
1983 (2016 edition, as amended), which will revert the current zoning of 3.331
acres from Village Commercial-7,500 square feet (CV-7.5) to its original Double-
Family Residential-3,750 square feet (RD-3.75) and 3.227 acres from Multiple-
Family Residential-2,500 square feet (RM-2.5) to its original Unplanned
(Agricultural-5 acres) zoning district. The subject parcel is located on the north side
of Hualālai Road, approximately 1,000 feet east of its intersection with Kuakini
Highway, Hienaloli 4th & 5th, North Kona, Hawaiʻi, TMK: 7-5-010:013.
2. APPLICANT: DHL MAHI SITE M LLC and DHL MAHI PROPCO LLC
(PL-SMA-2026-000087/AMEND SMA 07-019)
Application to amend Special Management Area (SMA) Use Permit No. 07-019 for
a 10-year time extension to Condition No. 2 (Complete Construction); reduce the
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density of the Mauna Lani Site M master planned development from 1,207 Units
(691 Residential & 516 Hotel) to 925 Units (551 Residential & 374 Hotel); remove
proposed golf course and conference center use; increase preserved open space;
and construct an emergency evacuation road. The project is situated within the
Special Management Area and is located approximately 0.75 miles west of Queen
Kaʻahumanu Highway, approximately 0.4 miles north of Mauna Lani Drive, Mauna
Lani Resort, South Kohala, Hawai’i, TMKs: (3) 6-8-001:050; 052-055, (3) 6-8-
022:010.
3. Discussion of proposed amendment to Planning Commission’s Rules of Practice
and Procedure, Rule 1 regarding General Rules of the Commission. The
Commission will discuss adding commissioner attendance standards to Rule 1.
4. Discussion of Planning Commissioners’ suggestions for future amendments to the
Planning Commission Rules of Practice and Procedure.
PLANNING DIRECTOR’S REPORT
Report on Special Management Area (SMA) determinations and minor permits
issued by the Planning Director for December 2025, January, February and March
2026.
AGENDA ITEMS FOR THE NEXT MEETING
The Commissioners will comment on matters not on the current agenda, for
consideration for the Commission’s next meeting.
ANNOUNCEMENTS
The Leeward Planning Commission’s next regular meeting is scheduled for Friday,
May 22, 2026, at the County Council Chambers in Kona and the public can also
testify via Zoom. The date and venue of the meeting are subject to change.
ADJOURNMENT
Contested Case Procedure: Pursuant to PC Rule 4, Contested Case Procedure,
of the County of Hawai‘i Planning Commission Rules of Practice and Procedure, any
person seeking to intervene as a party to a contested case hearing on Agenda Item No.2
above is required to file a written request which must be received by the office of the
Planning Department no later than seven (7) calendar days prior to the Planning
Commission’s first public meeting on the matter. Such written request shall conform with
the PC Rule 4-6(a), relating to Prehearing Procedure on a form as provided by the
Planning Department entitled “Petition for Standing in a Contested Case Hearing.” The
notarized petition form and a filing fee of $200 shall be submitted online via County of
Hawaiʻi Electronic Processing and Information Center (EPIC) at the following website:
https://hawaiicountyhi-energovpub.tylerhost.net/Apps/SelfService#/home
Notice to Lobbyists: 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
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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, 25 Aupuni Street, Room 1402, Hilo, Hawai‘i 96720.
Anyone who requires an auxiliary aid or service, or other accommodation due to a
disability, please contact the Planning Department at (808) 961-8288 or
LPCtestimony@hawaiicounty.gov as soon as possible. If a request is received later than
five working days prior to the meeting date, we will try to obtain the auxiliary aid/service
or other accommodation, but we cannot guarantee that the request will be fulfilled.
Upon request, this notice is available in alternate formats such as large print,
Braille, or electronic copy.
Hawai‘i County is an Equal Opportunity Provider and Employer
LEEWARD PLANNING COMMISSION
Dean Au, Chairperson
(Hawai‘i Tribune Herald: Friday, March 27, 2026)
(West Hawai‘i Today: Friday, March 27, 2026)
COUNTY OF HAWAIII
PETITION FOR STANDING IN A CONTESTED CASE IIEARING
NAME: Villages at Mauna Lani Association of Apartment Owners ("Villages")
ADDRLSS: 68-1025 North Kaniku Drive, Kamuela, Hawai'i 96743
PHONE NO.: (808) 300-6500
APPLICANT/DOCI(ET NO.: DHL Mahi Site M, LLC and DHL Mahi PropCo, LLC /
Amendment to SMA Use Permit No. SMA 07-019 (Application No. PL-SMA-2026-000087)
A, Is your interest in this matter clearly distinguishable from that ofthe general public?
EYesENo
If the answer is 'ryes," pleate explain:
Villages' interest in this matter is clearly distinguishable from that of the general public. Villages
is the Association of Apartment Owners for the condominium project lnown as the Villages at
Mauna Lani, a 130-unit residential community located at 68-1025 North Kaniku Drive,
Kamuela, Hawai'i. The Villages property is situated directly scross North Kaniku Drive from the
Site M pmject, which is the subject of the proposed Amendment to SMA Use Permit No. SMA
07-019 ('sMA 07-019").
Villages was previously admitted as a party intervenor in the original SMA 07-019 Application
proceedings before the Hawai'i Cormty Planning Commission in 2007-2008, in recognition of its
distinct and direct interest in the Site M development. Villages thereafter entered into a
Settlement, Mutual Release and Indemnity Agreement dated June 21,2008, with Stanford Carr
Development LLC and Site M Associates, LLC, which imposed specific conditions on the
development of Site M, including but not limited to density limitations, traffic mitigation
measures, a prohibition on timeshares, construction access road requirements, an altemate
emergency evacuation route, and a requirement that Villages receive written notice of all
applications for discretionary permits or land use entitlements directly affecting the development
often or more new residential or hotel units at the Project.
The proposed amendment filed by DIIL Mahi Site M, LLC and DHL Mahi PropCo, LLC seeks
to modii, the previously approved master plan for tie approximately 149.9-acre Site M parcel
by, among other things, reducing hotel and residential density, rernoving the approved Solf
course and conference center, increasing open space, and including an Emergency Evacuation
Road. A ten-year time extension is also requested. These proposed changes directly implicate the
terms and conditions negotiated in the 2008 Settlernent Agreement between Villages and the
original developor and its successors and assigns.
Villages' interest is further distinguishable from the general public because the proposed
development will directly impact traffic flow on North Kaniku Drive, which is lhe sole means of
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ingress and egrcss for Villages' 130 residential units, and will substantially affect traffic patterns
at the intersection of North Kaniku Drive and Ho'ohana Street. The proposed project's impacts on
access, resort inftastructure, water quality, drainage, water resources, ernergency evacuation
capacity, and the injection well sewage disposal system for the Mauna Lani Resort are of
particularized concem to Villages residents, whose health, safety, and property values are
directly and uniquety at stake. Given the nearly two decades that have elapsed since the prior
review of the SMA 07-019, a firll permit review pursuant to the Special Management Area Act,
HRS Chapter 205A and environmental review under the Hawai'i Environmental Policy Act,
HRS Chapter 343, is required. See Unite Here! Local 5 v. City & Cty. of Honolulu,l23 Haw.
150,231 P.3d 423 (2010).
B. Are you a government rgency whose jurisdrction inctudes the land involved in the
subject request?
EYesBNo
C. Do you lawfully reside on or have some property interest in the land involved in the
subject request?
EYes!No
If the onswer is "yesrrr please explain:
Villages at Mauna Lani Association of Apartment Owners has a direct property interest in the
Mauna Lani Resort community, where both the Villages prcperty and the Site M project are
located. Villages is the owngrs' association responsible for the management of the common areas
ofthe 130-unit condominium project known as Villages at Mauna Lani, located across North
Kaniku Drive from Site M at TMK (3) 6-8-001:054 and (3) 6-8-022:010. The Villages property
directly abuts and is accessed via North Kaniku Drive, the same roadway that provides the
primary access to and from the Site M development.
Furtlermore, under the 2008 Settlement Agreernent, Villages holds contractual rights and
protections that run with the land and directly encumber the Subject Property, including a
recorded prohibition on timeshare development and specific conditions regarding development
density, traf{ic mitigation, and notice. These contractual interests give Villages a properf-based
stake in the manner and extent to which the Site M parcels are developed, and any amendment to
SMA 07-019 may directly affect or impair those interests.
Additionally, the Villages property is located within the Mauna Lani Resort, and the common
infrastructure-including North Kaniku Drive, tlre wastewater treatrnent system, drainage
systems, and beach access facilities-is shared among the properties within the Resort. Any
modification to the development plan for Site M directly impacts the shared infiastructure upon
which Villages and its residents depend.
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D. Are you a Person or persons descended from native Haweiians who inhabited the
Hawaiian Islands prior to 177E, who practiced those rightE which were customarily and
tradltionally exercised for subsistence, cultural, or religious purposes?
EYesENo
SI'JPPLEMENTALSTATf,MENTREGARDINGACTUALoRTIIREATENEDINJURY
EventotheextenttheCommissionmayfindthatanyaspectofvillages'interest-isnot
Oriirgrirf,"tf" from that ofthe gurerai public, the proposed action will cause Villages actual or
threatened injury in fact, as set for*r below'
TheproposedamendmenttosMA0T.0lgwillresultinactualorthreatenedinjurytoVillagesin
the following resPects:
Tra{fic and Access. The proposed dwelopment, even with reduced dansity' will generate
-
,lgriii."" "aa,i""al traIfrc on North Kaniku Drive, the sole two-lane access road serving both
t#iii" vr p.:u"t and the villages property. The original traffic studies prepared for sMA 07-
0lgwereconductedduringnon-peakpdoa"*dl'u""ueenacknowledgedtobeuoreliable.The
"i"quu.y of t*mc mitigatlon measures, including left-tum pocket lanes into the Villages'
"irrio"J*a tr," proporid E n".g"ncy dvacuution-Road alignment' are directly at issue in the
;;;;;J;*d;"nt and have yet to be tully evaluated under current conditions'
EnvironmentalandEcologicsllmpacts.ThesiteMdevelopmentislocatedwithintheSpecial
Management Area. The proposed amendment implicates concems regarding drainage- and waler
-ro*"no* tfr. newly pavi Site M parcels flowiug down to North Kaniku Drive and toward
ViGo, entrance, the adequacy of the Mauna LaniResort's injection well sewage disposal
*r,"i, ro handle increased dwelopment, and potential impacts on near-shore water quality and
,;ffi;;;;;rril. i'r," ".iei""L r9s4/l9ii6 en;ironmentat assessment has not been supplemented
io u"co*t i- ttro changedionditions and the development program now proposed.
Emergency Prepgredness and Public Safety' The proposed arnendment raises significant
"o"""ir, .Jg*aing the adequacy of emergency evacuation routes from Site M' particularly in
hgh,;i il;00, ;ildf*e that required ev-acuaion of all properties fiom the orchid Hotel to
triauna tani Orive. While the proposed amendment includes an Emergency Evacuation- Road' .
ttreatignment,aesign,andpermiu.rngofthisroadremainunderreview,andarchaeologicaland
enviroimental studies are still being conducted'
Settlement Agreement Protections. The proposed ameldment' if approved witholl adeqxate
,"i"g""ra., ,f,*.t"ns to impair the contuciuai rights and prote^ctions secured by Villages in the
IOOE SJi"-""t eg.".."nt, irr.loding density limitations, traffic mitigation commitments' .
construction access-road requirementi and thi altemate emergency evacuation route obllgation
v;il"g"; il; ilct and particularizei interest in ensuring that imy amendment ro_SMA Permit
r.lo. o"z_ors is consistent with, and does not undermine, the protections negotiated in the
Senlement Agreement, which are binding on SCD's successon and assigns'
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COMPLIAIICE WITH RULE 4-6(a)
This Petition is filed in compliance with Plaming commission Rule 4{(a), which requires that
any person seeking to intervene as a party shall file a written requqst on a form approved by the
planning Director]accompanied by ; filing fee of $200, no later than seven calendar days prior
io the C-ommission's first meeting Ln the matter. This Petition is timely filed within the required
period, and the requisite $200 filing fee accompanies this submission'
PRAYERFORRELIEF
WHEREFORE, Villages at Mauna Lani Association of Apartment owners respectfully requests
that the Leeward Planning Commission:
L Grant this Petition for Standing in a Contested Case Hearing;
2.AdmitVillagesasapartytothecontestedcaseproceedingsregardingtheAmendmentto
SMA Use PJrmit No. SVa OZ-OIS (lpplication No PL-SMA-2026-000087); and
3. Grant such other and further relief as the Commission deems just and proper'
DATED: 'Ll A,\4Ltl 2026
Petitionet's Signature
GES AT MAUNA LANI ASSOCIATION OF APARTMENT OWNERS
By'Jqoora Aolerrull Its Vice President
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ACKNOWLEDGMENT
STATE OF HAWAI'I ): SS.
)COUNTY OF r
On this2l day of A-,0,(/1"-2026, before me personally
appeared fi\sh^)to me personally known, who being by me duly sworn or
affirmed, did say that such person executed the foregoing instrument as the free act and deed of
such person, and ifapplicable, in the capacity shown, having been duly authorized to execute
such instrument in such capacity.
Print Name:
Notary Publi
My commission expires, /y'[I-'ilb
of
Doc. Date:
Notary Name:
a # Pases:1b Circuit
Doc-on:
flQ
3'>rruv
Notary Signature
FOR HAWAII NOTARY ONLY
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Date (StamP or Seal)
NOTARY CERTT F'ICATION