January 11, 2016 George Atta Frank F Fasi Municipal Building 650 S. King
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RONALD D. KOUCHI PRESIDENT WILLESPERO VICE PRESIDENT SAM SLOM m:be MINORITY LEADER STATE CAPITOL HONOLULU, HAWAII 96813 FIRST DISTRICT GILBERT KAHELE January 11, 2016 SECOND DISTRICT RUSSELL E. RUDERMAN George Atta THIRD DISTRICT JOSH GREEN Frank F Fasi Municipal building FOURTH DISTRICT LORRAINE R. INOUYE 650 S. King St., 7th Floor FIFTH DISTRICT Honolulu, HI 96813 GILBERT S.C. KEITH-AGARAN SIXTH DISTRICT ROSALYN H. BAKER Aloha, Director Atta. SEVENTH DISTRICT J. KALANI ENGLISH EIGHTH DISTRICT In light of the phone conversation I had with Art Challacombe on Friday afternoon, RONALD D. KOUCHI January 8, 2015, I am writing to formally request reconsideration of the NINTH DISTRICT SAM SLOM Department's decision to grant Special Management Area ("SMA") Minor Permits TENTH DISTRICT LES IHARA, JR for three contiguous parcels that comprise one commercial project near Shark's ELEVENTH DISTRICT Cove on the North Shore, owned by Hanapohaku, LLC. BRIANT. TANIGUCHI TWELFTH DISTRICT BRICKWOOD GALUTERIA This phone conversation followed previous phone and email conversations between THIRTEENTH DISTRICT SUZANNE CHUN OAKLAND me and Mr. Challacombe regarding the manner in which this project has been FOURTEENTH DISTRICT segmented to avoid environmental review and community input. Please see the DONNA MERCADO KIM copy of my December 23, 2015 email, which followed up on a phone conversation FIFTEENTH DISTRICT GLENNWAKAI of December 18, 2015. About a month previous, we also spoke about the likely SIXTEENTH DISTRICT BREENE HARIMOTO environmental impacts of multiple new lunch wagons, property improvements that SEVENTEENTH DISTRICT were underway, and various health and safety concerns of this project. CLARENCE K. NISHIHARA EIGHTEENTH DISTRICT MICHELLE N. KIDANI After our conversation on Friday, I was able to secure a copy of the SMA minor NINETEENTH DISTRICT WILL ESPERO permit approval dated November 5, 2015 (file number: 2015/SMA-47 for Lot 69). TWENTIETH DISTRICT This is the middle of the three parcels. The other two permit applications were MIKE GABBARD staggered for separate consideration over the preceding months and approved on TWENTY-FIRST DISTRICT MAILE S.L. SHIMABUKURO March 19, 2015 (2015/SMA-8 for Lot 68), and on June 9, 2015 (2015/SMA-24 for Lot TWENTY-SECOND DISTRICT DONOVAN M. DELA CRUZ 70). TWENTY-THIRD DISTRICT GIL RIVIERE The stated value of improvements for the three applications is $1,427,000 and the TWENTY-FOURTH DISTRICT JILL N. TOKUDA potential environmental impacts warrant proper consideration. There are concerns TWENTY-FIFTH DISTRICT LAURA H. THIELEN about unsanitary conditions. The entrance roadway straddles lots 68 and 69. The CHIEF CLERK parking lot covers all three lots and is designed to exit onto a private road, Pahoe Rd. CAROL TANIGUCHI The other owners of this privat e road were not consu lted and are very concerned about traffic and noise impacts that are already occurring. These impacts are not insignificant. Page2 January 11, 2016 It is indisputable that the developer is building one unified project across these three parcels. As such, the project segmentation circumvents the spirit and the letter of Coastal Zone Management and the City and County of Honolulu SMA rules, and it clearly violates H.R.S. Chapter 343. An SMA Major Permit, an Environmental Assessment, Traffic Impact Analysis Report, and community meetings are all appropriate and required by any reasonable standard for this Hanapohaku Project. Respectfully, Gil Riviere Senator, District 23 Oahu's North and Windward Shores 808.586. 7330 [email protected] Attached: SMA Permits: 2015/SMA-47 (Lot 69); 2015/SMA-8 (Lot 68); 2015/SMA-24 (Lot 70) Map of Project Site Email Correspondence From: Sen. Gil Riviere Sent: Wednesday, December 23, 2015 4:34 PM To: Challacombe, Arthur D. Subject: Sharks Cove SMA Aloha, Art. Thank you for your interest in the Sharks Cove project. From what I see, the project straddles three parcels, and each lot has been submitted separately for consideration of SMA. Notice the Parcel 68 SMA determination letter is dated 2/26/15 and 3/17/15, while Parcel 70 is dated May 11. I do not have a copy of any document for Parcel 69, but I understand one may exist. As you can see in the Site Plan, the project links all three parcels with one way in and out and a continuous parking lot. The ingress driveway straddles parcels 68 and 69. The totality of work on this project far exceeds the $500,000 threshold for SMA Major Permit, as evidenced by the $498,000 and $484,000 estimates in the attached documents. I do not know if any construction cost has been submitted for the middle lot. I do not know if all three lots will share one septic system, but one of the permits clearly states limitations on connections. There is also concern about turning movement of south bound traffic from the highway, which presently has a double-double yellow line. The right turning movement from north bound traffic might also benefit from a turning lane. Has HOOT been consulted on the proposed traffic implications and potential mitigation that might be needed? Finally, I was told today that electrical work is progressing, possibly without permits. I do not know if this is a valid statement. In conclusion, it looks like an SMA Major permit, with EA and traffic studies, is warranted. Further, since work has begun, at least for the septic system, time is of the essence for your review. Thanks again. Gil Riviere Senator, District 23 Oahu's North and Windward Shores Hawaii State Capitol 415 S Beretania St, Room 217 Honolulu, HI 96813 (808) 586-7330 [email protected] SenatorRiviere.com FaceBook.com/SenatorGilRiviere DL. ARTMENT OF PLANNING AND PERMITTll, CITY AND COUNTY OF HONOLULU 650 SOUTH KING STREET, 7rH FLOOR • HONOLULU, HAWAII 96813 PHONE: (808) 768-8000 • FAX: (808) 768-6041 DEPT. WEB SITE: www.honoluludpp.org • CITY WEB SITE: www.honolulu.gov KIRK CALDWELL GEORGE I. ATTA, FAICP MAYOR DIRECTOR ARTHUR D CHALLACOMBE DEPUTY DIRECTOR 2015/SMA-47(JY) MIN()R PERMIT: lillANApEMENT ($MAJ File Number: 2015/SMA-4 7 Project: 59-716 Kamehameha (Community Events and Retail Buildings) (Valuation): ($445,000) Owner Hanapohaku, LLC. Applicant/Agent: Gregory A. Quinn Location: 59-716 Kamehameha Highway - Pupukea Tax Map Key: 5-9-11 : 69 Zoning: B-1 Neighborhood Business District Date Received: September 28, 2015 We have reviewed your proposal to construct community events and retail buildings, and find that it lies within the Special Management Area (SMA) established in Chapter 25, Revised Ordinances of Honolulu (ROI-:!). We find that the proposed development has a stated valuation of less than $500,000 and will have no significant effect on the SMA. Therefore, an SMA Permit is hereby APPROVED, subject to the following conditions: 1 . Development site shall be in general conformance with the application documents (received on September 28, 2015), and as shown on plans and drawings attached hereto, which are now the approved plans for the project on file with the Department of Planning and Permitting (OPP). There shall be no modification to the approved plans for the project without prior review of and approval by the Director of the OPP. Major modifications shall require a new SMA (Minor) Permit. 2. If the actual valuation of the proposed work ultimately exceeds $500,000, then the project shall be returned to OPP for further review under Chapter 25, ROH. 3. This application has only been reviewed and approved pursuant to the provisions of ROH Chapter 25, and its approval shall not constitute compliance with the requirements of other governmental agencies. These are subject to separate review and approval. The Applicant shall be responsible for insuring that the final plans for the project approved under this permit comply with all applicable provisions and requirements of other government agencies, including compliance with the provisions of the Land Use Ordinance. 2015/$MA-47 November 5, 2015 Page 3 A copy of this approval should accompany your application(s) for construction permits. Should you have any questions, please contact Joette Yago of our Urban Design Branch at 768-8034 or via email at [email protected]. Enclosures: Receipt No. 104649 & 104650 Exhibits A thru D cc: Office of Planning (Shichao Li) Doc 1296371 THIS COPY, WHEN SIGNED BELOW, IS NOTIFICATION OF THE ACTION TAKEN. Pm. Director November 5 2015 TITLE DATE This approval does not constitute approval of any other required permits, such as building or sign permits. ( " { .·• 1 · ..,_C:PARTMENT OF PLANNING AND PERMIT11ii1·G CITY AND COUNTY OF HONOLULU 650 SOUTH KING STREET, 7TH FLOOR • HONOLULU, HAWAII 96813 PHONE: (808) 768-8000 • FAX: (808) 768-6041 DEPT. WEB SITE: www.honoluludpp.org • CITY WEB SITE: www.honolulu.gov KIRK CALDWELL GEORGE I. ATTA, FAICP . MAYOR DIRECTOR ARTHUR D. CHALLACOMBE DEPUTY DIRECTOR 2015/SMA-B(GT) MINOR PERMIT: SPECIAL MANAGEMENT AREA (SMA) File Number: 2015/SMA-8 Project: 59-712 Kamehameha - New retail building, conversion of existing structures to an eating and drinking establishment with outdoor dining, and site improvements. Valuation: ($498,000) Landowners: Hanapohaku, LLC Applicant/Agent: Gregory A. Quinn, Architect Location: 59-712 and 59-712A Kamehameha Highway - Haleiwa Tax Map Key: 5-9-11: 68 Zoning: B-1 Neighborhood Business District Date Received: February 26, 2015 and March 17, 2015 We have reviewed the SMA Permit (Minor) application (received February 26, 2015 and March 17, 2015), requesting to construct a new retail building, conversion of existing structures to an eating and drinking establishment with outdoor dining, and site improvements at the above site (Exhibits A-1 through A-6), and find that it lies within the Special Management Area (SMA) established in Revised Ordinances of Honolulu (ROH) Chapter 25. We further find that the proposed development has a stated valuation of less than $500,000 and will have no significant effect on the SMA.