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Home My WebLink AboutCOM 0896.055 2022-2024 P/LAAG 15ill f�q COMM $a.6 June 18, 2024 Comments on Bill 169 - Royal Vistas/Kona Three, LLC Proposal Aloha Legislative Approvals and Acquisitions Committee. I am against the time extension for the Royal Vistas projects for the following reasons: 1. The lasting negative impact this project will have on cultural and historic assets. a The recommendation from the Cultural Resources Commission was to preserve the t-Dc-) property in perpetuity. The CRC felt this project, "will likely have a substantial impact on c_ _ historic assets". This includes the, "undocumented Holualoa Trail and petroglyph and —=+ how it relates to Holualoa. If preserving the property is not feasible, then: 1)further µ-- document the lineal descendant and kama'aina knowledge of the natural and cultural resources of the area, including trails; and 2) the applicant, in consultation with the community, amend the current development plan to include larger open space area that more sensitivity integrate and protect the natural, historical, and cultural features of the •• T-" landscape, including trails and other cultural sites, as well as natural features of the terrain such as drainage channels and native plants." .. The applicant has not followed through with either of the recommendations of the CRC. Why? The public didn't get a chance to have the CRC recommendations discussed at the Leeward Planning Commission, and that feels wrong. Please consider the negative impact to the 'aina this project will cause. Do not approve of the time extension and have the zoning revert to Unplanned or A-5. 2. All of the 250 "for sale" housing could be used for Short Term Vacation Rentals based on allowed uses in the Zoning Code. Section 25-4-16(c) of the Zoning Code allows short term vacation rentals (STVR) in the RM-5 zoning district when multiple family dwellings are within a condominium property regime. Private covenants that prohibit the use of any unit as an STVR will not be invalidated by Section 25-4-16(2) of the Zoning code. Please assign a Condition of Approval which requires that the Planning Department must review and approve language that prohibits STVR in all the for sale (or rental) housing units. This language, as a Covenant, Code or Restriction (CCR), must be submitted for review and approval by the Planning Department before any building or grading permit, or formal approval by the Water Department or any other Department in the County of Hawaii is issued. The CCRs must be recorded against the property before any permit is issued for this project. 3. All facets of the public infrastructure system are ill-equipped to have 450 units come online, even over time. It is negligent to allow this amount of new housing units to overwhelm the aging, antiquated, and possibly functionally obsolete various utility infrastructure systems. 4. Since no affordable housing was created with the Kona Vistas project. the parcels of the Royal Vistas project should revert to Unplanned or A-5. The condition of approval that required the creation of affordable housing units never occurred, wasn't enforced by County staff, and failed to meet its requirement to do so by 2011. Pursuant to Section 25-2-44(3), the Council (and the Planning Director) has the authority to initiate a revision to Unplanned or the A-5 zoning district designation for the parcels that comprise the Royal Vistas time extension application.This section of the Zoning Code allows a Comm. N•. P S g Ref. To: foal Ref. Date VI 1 8 2024 reversion if the applicant fails to fulfill any conditions of the zone change within the specified time limitations. Language discussing a reversion to the original zoning designation has been included with the original approval by the state Land Use Commission, and with each approval by the County of Hawaii since 1984. The County last approved an amendment in 2002, which expired November 27, 2011. Why didn't current or previous County staff enforce the conditions that require providing affordable housing on the Kona Vista site? Why didn't the County staff pursue a reversion to the Unplanned or A-5 zoning district when the affordable housing condition wasn't adhered to? The County Council can remedy the lack of enforcement of Planning Department staff and require the change of zone on the Royal Vista parcels now. The Council must prepare and assign a Condition of Approval that requires the 80% - 120% income band be included in affordable housing for the Royal Vistas proposal. This should occur if the Committee/Council believes the project has merit and the time extension should be extended. 5. The disrespect of some of the Council members towards the speakers and the District 7 Council person was inappropriate. It's been the practice of the County Council to listen to the Council person who represents the district, and the concerns of the people that live in that district. None of that happened at the June 4, 2024 Committee meeting. Comments made by some of the Council members were rude, disrespectful and dismissive to the public speakers and to the District 7 Council person. Too bad we can't vote out certain Councilpersons. Maybe it's time to consider island wide elections, and not district elections. Members of the public who are against the project do not live in estates, mansions or custom homes, regardless of what Councilperson Kagiwada believes. We live in production homes that we couldn't afford to live in now. 6. The applicant has not followed the rules to report a change in ownership, not just a name change of the owner, to the state Land Use Commission. The state Land Use Commission needs to be aware of new ownership if the applicant sells the property. Previous changes in ownership were not made to the state LUC. If the property is sold, please direct the Deputy Planning Director to inform the state LUC of this change. 7. If this team extension is ultimately approved, please ensure this is the final extension and no further amount of time will be granted to this or any developer/builder. The project must be completed no later than July 2034. If this does not happen, and no development has occurred on the parcels, direct the Planning Director to start the reversion of the zoning district to Unplanned or A-5. Please uphold the negative recommendation by the Leeward Planning Commission for the Kona Three, LLC proposal. Too many will be impacted by a poorly conceived development proposal. Forty years is too long for much needed affordable housing, concerned neighbors wondering if a potential project to be built, and on land that is important and sacred to many. Mahalo. Elizabeth Dunn