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HomeMy WebLinkAbout2021-05-20 Leeward Exh B (Public Testimony re SMA 21-078) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII TESTIMONY TRANSCRIPT MAY 20, 2021 Public testimony regarding the application of JEKATERINA MYSIN (SMA 21-000078)was called to order at 10:40 a.m. via live stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Nancy Carr Smith, Barbara DeFranco, Max Newberg, Mark Van Pernis, and Faith "Faye"Yates ABSENT AND EXCUSED: Clement"CJ" Kanuha III ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Alex Roy (Planner), Christian Kay (Planner), Tracie-Lee Camero (Planner), and Noriko Sauer(Leeward Planning Commission Secretary) APPLICANT: JEKATERINA MYSIN (SMA 21-000078) Application for Special Management Area Use Permit to construct a six (6) unit, five (5) story condominium and related improvements on a 9,934 square foot lot situated within the Special Management Area. The subject property is located at 75-6150 Alii Drive, approximately 0.25 miles north of Royal Poinciana Drive, Puapua`a 2nd, North Kona, Hawaii, TMK: (3) 7-5-020:066. VITOUSEK: We have received significant amount of written testimony. That's been emailed to all our commissioners. I'll ask that any testifiers please limit their time to three minutes, not be repetitive. Please don't simply re-read your written testimony. You're welcome to summarize or update your testimony here in person. After your testimony the Commissioners may have questions for you, and when there are no more questions, please log out of the Zoom platform and switch to the YouTube channel if you wish to observe the meeting. This is to limit the number of participants on the screen in order to better manage the meeting and to minimize distraction and disturbance noise. Okay, so, Agenda Item 1, there is no testimony. Agenda Item 2, Mr. George Smith. SMITH: Yes sir. VITOUSEK: Okay, I guess I'll swear everybody in at the same time just to make it, make it easier so I don't have to be repetitive. If everybody could, could please raise your right hands. Do you swear or affirm to tell the truth now before the Leeward Planning Commission? [Hands raised by visible screen participants: George Smith, Sandy Akaka, Ellen Greenbaum, Nancye Capri, Erik Funakoshi] 1 EXHIBIT B SMITH: I do. VITOUSEK: Okay, I'm assuming the same goes for everybody. Thank you. Okay, Mr. Smith, please state your name and the town that you live in. SMITH: My name is George Smith. I live in Kailua-Kona on Alii Drive. 75-6150 Alii Drive. VITOUSEK: Okay,please proceed. SMITH: Okay, I've, I've been an off-and-on resident of Kailua-Kona since 1977, and I've watched a lot of changes occur along Alii Drive over the years. And, I'm adamant that this particular project is not suitable for this location. The applicant has stated that they, in their petition that it will not cause any visual impact. This is an aerial photograph, I don't know if you can see it well enough, of the property, and our property with the brown roof, the old Ala Kala Condominiums, and as you can see, that pink block represents more or less the size of the building that's going to be constructed there. And the west wall of that building will be 40 feet from our building. And the impact visually, and traffic, and loss of parking spaces along the street that everybody uses to access the Ala Kala Beach access, I think is, is inordinately disruptive to the neighborhood. We're, we're looking at losing parking that's limited already on Alii Drive, and then there'll be increased vehicle parking on the street from overflow from the proposed project as it was originally submitted. I'm not going to get into a whole lot of details about the building because we don't know what's coming up now. I appreciate you guys postponing this and giving us a chance to, to dig into it and find out how, how we'll, how we need to react to when we finally know exactly what the applicant is proposing. But as the most, as the closest piece of property, in fact we have a contiguous property line, I am requesting that I be granted standing for when this becomes up for action. That's all I have to say. Thank you. VITOUSEK: Thank you, Mr. Smith. Are there any questions of Mr. Smith by Commissioners? Commissioner Van Pernis? VAN PERNIS: [Silence] JACKSON: Hold on just a moment, Mr. Van Pernis. Let me unmute you. Commissioner Van Pernis, are you able to hit the unmute button? I'm not able to unmute you from here. There you go. VAN PERNIS: Can I be heard now? VITOUSEK: Yes. VAN PERNIS: I have some questions that Noriko submitted. I believe you have them, Mr. Chair. I believe Mr. Smith is the person to answer those questions. 2 EXHIBIT B VITOUSEK: Let me, let me see if we can find those. Sorry. VAN PERNIS: It's A through F. There is no boundaries within the question there's only the first question. VITUOSEK: I— SCHLUETER: Chair,just for a point. There is no motion on the table at the moment, so should not be having substantive discussion or questions on the matter. VAN PERNIS: This is a question for the testifier. VITOUSEK: Okay, question for the testifier. [Mr. Darrow raises his hand.] Deputy Director Darrow? DARROW: Yeah, I believe that Commissioner Van Pernis' questions are to the intervenor or the testifier in the matter of the hearing. At this point, Mr. Smith is testifying as a member of the public. If he has specific questions, he could ask them in relation, but as far as his detailed questions for the hearing, we should, I would request that we wait until the hearing continues and then we're able to get into the depth of the questions. VITOUSEK: Okay. Commissioner Van Pernis, are there any questions. I agree that your questions that have been stated are applying to the agenda item, and if there are any questions on the information that was portrayed by Mr. Smith, any clarifications that are needed on his presentation, you can ask that, but don't make it the substantive questions based on material from our packet needs to wait until we're, we're in open discussion on this. Are there any questions about the, the substance of his presentation? VAN PERNIS: Mr. Smith testified that there was a contiguous boundary with the subject property, so I believe I'm entitled to ask at least the first couple of questions of this testifier. Of course, I'll follow the Chair's direction, but the written testimony and Mr. Smith's testimony indicates it may be a boundary dispute. VITOUSEK: Okay. Okay, I will ask, I'll ask one of the questions here. VAN PERNIS: I think only the first question has to be asked. VITOUSEK: Yep. Yep, okay. Let's see. It says, "if there is a boundary or survey dispute to the boundaries or surveys of Ala Kala property and the Mysin property, how much land area, such as square footage, is involved in the dispute? SMITH: Is that directed to me? Smith? VITOUSEK: Yes. Yes. 3 EXHIBIT B SMITH: The boundary line disputes that were mentioned in the first responses to the application have been resolved to the satisfaction of both parties at this point. Unless something VITOUSEK: Okay. SMITH: --actually turns up during the construction, we, we, I think we're in agreement as where the property line is. VITOUSEK: Okay, thank you. That will conclude that. Moving on. Are there any, any other Commissioners that have questions of Mr. Smith? [None.] No. Okay, moving on, Nancye Capri. Please state your name and town you live. It's on mute. CAPRI: Okay, sorry. Good morning. My name is Nancye Capri and I live in Holualoa and on Alii Drive. My husband and I own a 5-acre agricultural property directly across the street from the proposed development. On both sides of us are 5-acre agricultural properties and the street is lined with residential homes. Contrary to what is stated in the application, the area is primarily residential and agricultural. I'd like you to consider this is a future generation argument. What is our legacy as we are leaving, and as Kona becomes fully developed? Zoning does not mean you have an absolute right. You're only on first base. If water is inadequate, you don't get what you want. If parking is inadequate, you don't get what you want. If streets are inadequate, you don't get what you want. Prior to COVID, and to the bridge construction, traffic during high-peak season or high-peak times of day is backed up from Lunapule to Alii Garden's Marketplace. Safe parking for shoreline access is inadequate. Driveways alone removed several parking areas for the shoreline access, and Alii Drive just can't handle any more development. Ultimately, we need to protect and preserve shoreline access. This spot is popular among surfers, fishermen, divers, families, and shoreline access isn't just a designated path. You need to have safe parking. When shoreline access is affected in a negative way, it must be in your forefront in decision- making. When considering a development, total onsite parking must be required. Absolutely no off-site or street parking allowed, including guest parking. If not, you're, you're access to the shoreline is restricted again. So, Kona's collective consciousness in the future will be sorely tested when we have had time to present, excuse me, preserve these natural resources for the people. I think the best solution is for the County to purchase the property to protect and preserve shoreline access and provide safe parking. We owe it to the future of Kona to make these baby steps and to giant steps into the future. I've submitted 373 opposition signatures to this project. Your community wants our natural resources protected, they want shoreline access with safe parking. Please read some of their comments, or all of their comments on that list, and listen, you should listen to your community. We will have over 1,000 opposition signatures by the next meeting. I think you for your time to listen and in your time to evaluate this project. 4 EXHIBIT B VITOUSEK: Thank you, Ms. Capri. [timer chimes in background] Oh, my timer. Any questions? [None.] Okay, moving on to Maki Morinoue. M. MORINOUE: Hello. VITOUSEK: Aloha, would you please state your name and your area of residence? M. MORINOUE: My name is Maki Morinoue. I am a Holualoa resident, multi-generation here, and over the years growing up here I have seen many things change. Now, this is just for Item Number 2, yes? VITOUSEK: Correct. M. MORINOUE: Okay. Here in Kailua-Kona especially, or Kona Coast, we have a very specific type of water table. Here the University of Manoa shows how our rainwater goes straight down to the ocean very quickly, and how our toilet behavior affects and impacts our ground water runoff. Here's another aerial shot, which I have put in my testimony, of how ground water moves through thermal camera. So, you can see that the blue area is how fast the water moves into our ocean. Over the years we've had increase various types of staph infection. We now go to the water with protection. Pre-COVID, we've had sanitation in our beach bags. Because this unit is right off the shore, having 22 bathrooms increase into our sewage area there, and having had a history of sewage leakage all along our Kona Coast poses threat to our environment and our natural resources. Having a building there established with parking, more oil leakage, possible, also poses the ability for lack of water mitigation so close to our oceanfront. So, I oppose this project. The design of the building does not reflect our cultural sense of place. It protrudes well beyond. In the report it uses the word "minor" and I'd like to push against that. It is a major eyesore to our visual landscape in Kailua-Kona. What else? There is some archaeological walls, historic walls there that I would like to see and hear its protection. And again, I second what people have already said about the parking overflowing onto the public streets of where we, the local people, love to go and fish, swim, and surf. So, for the protection of our natural resources for generations to come, our land to sea relationship must be taken into serious consideration. I second what Nancye Capri had mentioned; that this should be raised for PONC acquisition in protecting our natural resources rather than creating more residence. Thank you. VITOUSEK: Thank you. Any questions? [None.] Okay, moving on we have Janice Palma- Glennie. Janice, are you there? JACKSON: I don't see her here. VITOUSEK: Okay. Moving next to Simmy McMichael. Simmy are you here? I see Simmy's square. MCMICHAEL: Wait. Yes, hello? 5 EXHIBIT B VITOUSEK: Hello! Hello. MCMICHAEL: Hi, hi. VITOUSEK: Please state your name, and town that you live in, and give us your testimony. MCMICHAEL: Simmy McMichael of Kailua-Kona. I'll speak for the condo, 5-story condo, and-- VITOUSEK: Yep. MCMICHAEL: --alright. Okay so, I was on another project, and this came up and this is the, I'm mainly concerned about the safety of all of us on Alii Drive. It's about the tsunami, and it's not if, it's about when. And this needs to be taken into serious consideration, because our lives are at stake here. So, the Planning Department has received several letter on the project and it's sitting potential traffic impacts that the project may generate. This project is only a quarter mile from the Kahakai Elementary School. That road is, was, roadblocked during the last tsunami evacuation. The top of, the top of Lako and Royal Poinciana, no one could get out. It was at a dead stop. The police could not get moving. They said, "everyone get out of your car and start running." So, in this traffic issue, it's the basis of denying the application for conditions of mitigating traffic problems. If the traffic from a proposed project would be inconsistent with the goals and the policies of Coastal Zone Management Act, for example, if the traffic would hamper the ability to evacuate in a tsunami hazard area, it would interfere with the public's ability to exit. This would be a good ruling to deny the application. And when we had that evacuation that no one could get out of Alii Drive, and also Kam III, because there was an accident at the top, there was a letter by the police saying that no more development should be allowed as far as if you don't have the Alii Highway in place and traffic running, you should not have any more projects on Alii Drive until this happens. So, my strong—is to oppose this 5- story condo. Thank you. VITOUSEK: Thank you. Are there any questions? [None.] Okay, seeing none, moving on to Noriko Morisaki Donna. Okay, I don't see them. Setsuko Morinoue. Okay. S. MORINOUE: Hello? Hello? VITOUSEK: Oh, okay, there you are. Hello. S. MORINOUE: Hi. VITOUSEK: Okay,please, state your name and the town that you live in, and please give us your testimony today. S. MORINOUE: Hi, my name is Setsuko Morinoue, living in H6lualoa over 50 years. I see many changes here and I simply and strongly oppose this number two, Item Number 2. Also, Number 3 and 4 at the same time. And, I really support the open green spaces. And from now on, 6 EXHIBIT B for, for, I believe that it's so important for Leeward community to have those spaces because of the weather changing. It's dramatic changing, especially upper here in Holualoa area. We have more rainfall than any times before, early in the morning is already overcasting and hardly see sun coming through every day, almost like a, it's experiencing here. So, anyway, number two, the health and safety of the earth and the people live here, and the visitors alike. We need to really keep this, these open space important and we all have to protect these places and especially Alii Drive. We do not want to make another Kihei on Maui kind of jungle of the buildings after buildings, but at least they have a little bit of space for the open space for the beaches. But we, we have to learn from those wrongdoing. We can make better place for our future and our next generation. I really agree with Nancye and Maki Morinoue there, so I just make it short that this island is also young, youngest island. So, anything we do, it really affects our air and water quality. So, we cannot forget that. And the most important thing of the quality of water and drinking to [Slight interruption by unknown, unmuted speaker.] S. MORINOUE: --[indiscernible] the water. Hello? VITOUSEK: Yep, we can hear you. S. MORINOUE: I don't know, it's dis--, disrupted. So, anyway, we shouldn't make any more mistakes and we just have to make better choices for the Leeward community. And, that brings economy better and also the safety living for everybody [sic]. VITOUSEK: Okay, thank you so much for your testimony. Are there any questions? [None.] Okay, seeing none, we will move on to Items 3 and 4. The public testimony ended at 11:04 a.m. Respectfully submitted, Kim Tanaka Secretary to Boards and Commissions 7 EXHIBIT B