HomeMy WebLinkAboutCOM 0896.009 2022-2024 P/LAAC
Dill i'
COMM.n.
WRITTEN TESTIMONY IN OPPOSITION TO BILL 169
David Blancett-Maddock, Kailua Kona .)
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I oppose this zoning application because the evidence in the record show that it is unjust and --
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improper. Granting this application creates and perpetuates a never-ending miscarriage of e
zoning process, wrongfully and permanently deprives the Hawaiian people of their rightful --
cultural historical resources, unfairly confers riches onto a private developer, and unfairly
burdens the citizens and our government with a constant duty to enforce against overreaching by
developers. This `Aina is sacred—we cannot accept the Developer's proposed new category of
"less sacred"land.
It has been found by the Cultural Resources Commission that the proposed development will
likely have a substantial impact on historic assets. Among other cultural and historical resources
found on the land,testimony by independent state and federal experts have concluded on the
record that evidence of trails and trail walls on the property warranty referral to the State to
determine whether the Highway Act is implicated. The record further shows that this
development is to be built on or in the pathway of not one but two primary flood planes. The
original application was granted four decades ago and development proceeded to completion on
the first of two-phases without the developer fulfilling its primary obligations. The first phase
was completed without the construction of even a single affordable housing unit. The developer
collected its profits and abandoned the project with these outstanding debts to the county, failing
to begin construction on the second phase or renew—or even seek renewal—of the application
within the timeframe required under the original grant.
Instead, the original developer sold the junk title to the successor developer at a highly
discounted rate. The current Successor Developer bought 68 acres of unimproved property in
2015, in this now high-density residential designation for$600,000. The Successor
Developer/Applicant before you bought this property with knowledge that the application
renewal periods had lapsed, the land was encumbered with obligations of the unfulfilled
promises of the original developer,the land was burdened with two flood planes, and the land
contained numerous identified cultural historical assets.
Comm. No.
Ref. To:
Ref. Date ' UN - 4 2024
The renewal period for time extensions expired over a decade ago and has not been
renewed to date.
It is axiomatic that granting the approvals sought on this expired claim will instantly
convert Developer's investment of$600,000 in junk development title to potentially hundreds of
millions of dollars. ---This Developer becomes rich at the expense of the citizens of Hawaii.
Approval will permit developer to commit cultural genocide, bulldozing the property for
development—permanently destroying substantial historical assets belonging to the Hawaiian
people. The Developer has testified that it considers a very large number of the planned units to
be eligible short-term rentals. It bargains to provide promises of whatever the minimum number
of affordable housing units may be, but admitted that it may not be the one responsible, stating
that perhaps the homeowners of the original development might be responsible. The Developer
proposes red-lining the original ordinance and pressing restart. This will begin a fresh period of
potentially decades that the community will be burdened with constant and diligent task of re-
educating a new legislature and executive of this injustice.
The Developer will be free to resell this valuable new title without any construction or
fulfillment of these promises-flip the land.
Developer was asked at the Planning Commission whether he had any secured funding or
dedicated.investors to timely develop the property as proposed and he responded that he did not
and would not until his application is approved.
The Developer implicates this body in its sins—it asks you to ignore the testimony and
conclusions of the experts Jackso Bauer, Hawai'i Island Na Ale Hele trails and Access Program
Manager, Rick Gmirkin—Archeolgist,Ala Kahakai National Historic Trail, expert of direct
Hawaiian lineage Tom Pohaku Stone, and Lamku Mikahala Roy, and the findings and
recommendations of the Cultural Resources Commissions and PONC.
Instead, Developer tells you to adopt new standard of review—it calls it the"less sacred"
land category. By approving this application,this body will directly or impliedly endorse and
adopt this standard of colonialism. The same justification colonialists have used for centuries to
commit cultural genocide on the land.
David Blancett-Maddock
Kailua-Kona Resident and Homeowner