HomeMy WebLinkAboutCOM 0595.079 2020-2022 X11cow !N5
SIERRA CLUB
HAWAII ISLAND GROUP
I
February 21, 2022
i
Planning Committee,Hawaii County Council
25 Aupuni St.
Hilo HI 96720CZ
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Re: Bills 112 and 115
(proposed Kumu Hou at Waikoloa project)
Aloha Madam Chair and members of the Planning Committee,
Mahalo for this opportunity to testify.
The Hawaii Island Group of the Sierra Club of Hawaii ("HIG") is opposed to rezoning Bills
112 and 115 as currently written.
The proposed Kumu Hou at Waikoloa development is neither innovative nor sustainable, despite
the repeated usage of those words when describing the Kumu Hou at Waikoloa development. As
Councilmember Villegas pointed out during your February 8, 2022 meeting, "regenerative"
development is the term that best describes what our members are seeking. The HIG believes
public recreational facilities and public trust resources are already strained beyond carrying
capacity by pre-pandemic tourism activity levels. The Sierra Club of Hawaii Chapter has had
this concern for many years and expressed it in a legal action filed in 2001 against the Hawaii
Tourism Authority asking that it be compelled to conduct an environmental assessment of the
impact of tourism on our state.
Our primary questions at this time are:
1. What is the impact of potable and brackish water well withdrawals from the Waimea and
Anaeho'omalu aquifers and the nearshore marine environment? Discussion: The nearshore
marine waters adjacent to the Waikoloa resort development were classified as Class AA
"pristine,not impacted by human activity" when first approved, but now the Environmental
Protection Agency has classified them as impaired in the categories of Total Nitrogen,
Nitrates+Nitrites,Ammonium, Turbidity, Chlorophyll, Total Phosphorous, and Phosphates.
2. How will the increase in effluent from the Waikoloa Wastewater Treatment Plant be handled,
especially given its use for irrigation on 9-holes of the golf course is being eliminated?
3. Does the Waikoloa Wastewater Treatment Plant use an underground injection well? If so,
Bill 112, Condition M and Bill 115, Condition R are subject to the recent U.S. Supreme
Court Maui County v. Hawai'i Wildlife Fund ruling that aNational Pollutant Discharge
Elimination System permit is required for the effluent because it is the functional equivalent
, :
of a direct discharge into the regulated waters of the United States and subject to the Clean
Water Act. Since the Ilawai'i Administrative Rules have not been amended to create a
regulatory system for the application, review, and approval of this category of NPDES
permit, Conditions M and R are problematic. In addition. federal law prohibits discharges,
functional or otherwise. into impaired waters.
4. How is it that in our free market where demand creates supply and the demand for affordable
housing far exceeds the demand for luxury timeshares,Kumu Hou at Waikoloa is not
primarily designed to meet the local demand for affordable housing? Given the proposed
increase in affordable housing units is insufficient to accommodate the increase in jobs and
that tourism is an unsustainable economic activity with a massive carbon footprint. would the
developer be willing to redesign and repurpose to a greater than 50% affordable housing unit
development and proceed under HRS 201H with agreements to ensure truly affordable
housing with affordable utility costs would be built and maintained over the next 65 years?
Would the developer then be willing to make commitments to provide 60% of total
affordable housing units for those earning 60%and below median income?
5. Would the Committee be willing to add a condition of rezoning that further supports and
requires the affordable housing component to be built first and set the ranges for percentages
of Median Income?
6. Is the Waikoloa Land Company's plan to place an encumbrance on the timeshare titles that
requires a percentage of sales be distributed to The Waikoloa Foundation legally
enforceable? A similar plan to fund the Hokuli'a Foundation was successfully challenged in
court by a lot owner, which resulted in the Hokuli'a Foundation losing its primary funding
sources and being subsequently dissolved with millions in projected community benefits in
healthcare, education, drug rehabilitation, etc. being lost.
7. Would the developer and Planning Committee be willing to add a condition of rezoning that
requires the ala loa/"King's Trail"to be conveyed and dedicated to the Ala Kahakai National
Historic Trail (U.S.National Park Service)?
8. Bill 112 rezones to"Multi-Family Residential (RM-6)". Does this enable 264 timeshares,
given that Planning Director Chris Yuen clarified in 2001 that timeshares in a resort node are
"visitor"units and not"residential"units?
Mahalo,
Chuck Flaherty, .hair
From: Chuck Flaherty
Sent: Tuesday, February 22, 2022 10:34 AM
To: Council Testimony
Subject: Fwd: Written testimony, Bills 112 & 115
Aloha,
i
This is addition testimony from the Hawaii Island Group of the Sierra Club of Hawai'i Chapter.
Mahalo,
Chuck Flaherty
-------- Original Message --------
Subject:Written testimony, Bills 112 & 115
Date:2022-02-22 15:32
From:Chuck Flaherty
To:Ashley Kierkiewicz<ashley.kierkiewicz@hawaiicounty.gov>, Rebecca Villegas
<rebecca.villegas@hawaiicounty.gov>, Heather Kimball <heather.kimball@hawaiicounty.gov>, Aaron
Chung <aaron.chung@hawaiicounty.gov>, Sue LeeLoy <sue.leeloy@hawaiicounty.gov>, Matt Kaneali'i-
Kleinfelder<matt.kanealii-kleinfelder@hawaiicounty.gov>, Maile David<maile.david@hawaiicounty.gov>,
Holeka Inaba<holeka.inaba@hawaiicounty.gov>, Tim Richards <tim.richards@hawaiicounty.gov>
Aloha kakou,
This is addition testimony from the Sierra Club's Hawai'i Island Group.
We have spoken with the Department of Health and have found that there are four injection wells associated
with the Waikloloa Beach Resort.
The largest is the Waikoloa Beach Resort Water Reclamation Plant's injection well, Underground Injection
Control permit # UH-2294. There are three smaller injection wells at King's Row, the maintenance building, and
the golf pro shop.
Therefore, the Maui County v. Hawaii Wildlife Fund applies to this rezoning and the issues we raised in our
previous testimony are now relevant.
Mahalo,
Chuck Flaherty
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