HomeMy WebLinkAbout2021-12-16 Leeward Exh A (Public Testimony re Items 1 thru 6 Waikoloa SMA & REZ) LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
TESTIMONY TRANSCRIPT
DECEMBER 16, 2021
Public testimony regarding the applications of WAIKOLOA LAND COMPANY (AMEND
SMA 25, PL-SMA-2021-000004, PL-REZ-2021-000005, PL-SMA-2021-000002, PL-SMA-
2021-000003, and PL-REZ-2021-000004)was called to order at 9:44 a.m. via live stream
online meeting, with Chairman Michael Vitousek presiding.
COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco,
Clement"CJ" Kanuha III, Mahina Paishon-Duarte, and Faith"Faye" Yates
ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission),
Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director),
Maija Jackson (Planning Program Manager), Christian Kay (Planner), Jessica Andrews
(Planner), Tracie-Lee Camero (Planner), Eric Cook (Planner), and Noriko Sauer(Commission
Secretary)
APPLICANT: WAIKOLOA LAND COMPANY (AMEND SMA 25)
Application to amend Special Management Area Use Permit No. 25 to withdraw three (3)
non-contiguous land areas identified as "Area A", "Area B", and "Area C" comprising the
proposed Kumu Hou at Waikoloa project totaling approximately 182.9 acres from the land area
covered under SMA 25, which allowed the development of the Waikoloa Beach Resort complex.
The properties are located between the 75- and 76-mile markers on Queen Ka`ahumanu
Highway and west(makai) of the highway to the King's Highway Foot Trail, `Anaeho`omalu
and Waikoloa, South Kohala, Hawaii, TMKs: (3) 6-9-008:013 (por.), 021, 022, 025, 027 (por.),
028 (por.), 029 (por.), 031 (por.), and 033.
APPLICANT: WAIKOLOA LAND COMPANY (PL-SMA-2021-000004)
Application for a Special Management Area Use Permit to allow the development of 900
multi-family timeshare units, community support facilities, golf support facilities, public parks
and paths and related improvements within approximately 133.8 acres of land identified as "Area
B" and to allow the development of a new brackish water irrigation source and distribution
system to support the landscape irrigation needs of the project within 3.1 acres of land identified
as "Area C" of the proposed Kumu Hou at Waikoloa project situated within the Special
Management Area. The properties are located between the 75- and 76-mile markers on Queen
Ka`ahumanu Highway and west(makai) of the highway to the King's Highway Foot Trail,
`Anaeho`omalu and Waikoloa, South Kohala, Hawaii, TMKs: (3) 6-9-008:013 (por.), 022, 025,
028 (por.), 029 (por.), and 033.
APPLICANT: WAIKOLOA LAND COMPANY (PL-REZ-2021-000005)
Application for a Change of Zone from an Open, Multiple-Family Residential-4,000 square feet
(RM-4), Multiple-Family Residential-6,000 square feet(RM-6), Multiple-Family Residential-
8,000 square feet(RM-8) and Village Commercial-10,000 square feet(CV-10) zoning districts to
1
EXHIBIT A
a Project District zoning district for 133.822 acres of land identified as "Area B" of the proposed
Kumu Hou at Waikoloa project. The properties are located between the 75- and 76-mile markers
on Queen Ka`ahumanu Highway and west(makai) of the highway to the King's Highway Foot
Trail, `Anaeho`omalu and Waikoloa, South Kohala, Hawaii, TMKs: (3) 6-9-008:013 (por.), 022,
025, 029 (por.), and 033.
APPLICANT: WAIKOLOA LAND COMPANY (PL-SMA-2021-000002)
Application for a Special Management Area Use Permit for to allow the development of
264 multi-family timeshare units and related improvements within an approximately 38.6-acre
portion of"Area A" of the proposed Kumu Hou at Waikoloa project situated within the Special
Management Area. The properties are located between the 75- and 76-mile markers on Queen
Ka`ahumanu Highway and west(makai) of the highway to the King's Highway Foot Trail,
`Anaeho`omalu and Waikoloa, South Kohala, Hawaii, TMKs: (3) 6-9-008:021, 027 (por.),
028 (por.), and 031 (por.).
APPLICANT: WAIKOLOA LAND COMPANY (PL-SMA-2021-000003)
Application for a Special Management Area Use Permit for to allow the development of
25 single-family residential lots and related infrastructure within a portion of land within an
approximately 7.3-acre portion of"Area A" of the Kumu Hou at Waikoloa project situated
within the Special Management Area. The properties are located between the 75- and 76-mile
markers on Queen Ka`ahumanu Highway and west(makai) of the highway to the King's
Highway Foot Trail, `Anaeho`omalu and Waikoloa, South Kohala, Hawaii, TMKs:
(3) 6-9-008:021 and 028 (por.).
APPLICANT: WAIKOLOA LAND COMPANY (PL-REZ-2021-000004)
Application for a Change of Zone from an Open and Multiple-Family Residential 8,000 square
feet(RM-8) zoning districts to Multiple-Family Residential 6,000 square feet(RM-6) and
Single-Family Residential-10,000 square feet(RS-10) zoning districts for 45.932 acres of land
identified as "Area A" of the proposed Kumu Hou at Waikoloa project. The properties are
located between the 75- and 76- mile markers on Queen Ka`ahumanu Highway and west(makai)
of the highway to the King's Highway Foot Trail, `Anaeho`omalu and Waikoloa, South Kohala,
Hawaii, TMKs: (3) 6-9-008:021, 027 (por.), 028 (por.), and 031 (por.).
Secretary's Note: "- - -" indicates indiscernible speech due to internet/technical difficulties or
simultaneous talk.
VITOUSEK: Okay, first up we have Kanani Aton?
ATON: Yes.
VITOUSEK: Is Kanani available?
ATON: Yes, I am. I'm here.
VITOUSEK: Okay, aloha. Yep,please proceed.
2
EXHIBIT A
ATON: Aloha my name is Kanani Aton, and I am the Outreach Specialist for Kumu Hou. I was
mentored into this role by the late Billy Kenoi before his unfortunate passing earlier this year. In
our outreach work together, we engage community members who work and or volunteer in
government, community service, sports, Hawaiian culture, environmental restoration resource
protection and business to share details about Kumu Hou. I shared project specifics, including
the community contributions with the purpose to listen to each community members questions,
thoughts, and feedback. And then, made sure to convey their mana`o and concerns back to the
Kumu Hou project team for the purpose of making sure they were heard. And included in
discussions for how to address as much as possible for the community. Beyond the role I
execute for this project, I support Kumu Hou because I have two (2) adult children who live and
work on the West side supporting their newly independent young adult lives.
We spend a lot of time talking about housing because they struggle to secure it over there. My
oldest born lives with her partner and his extended ohana spending three generations under one
roof. My next born has been unable to secure affordable housing because the current market is
extremely limited and steadily moving out of his affordable price range. He sleeps in his truck
during the workweek, even now during the rainy season. It's so important that in these ever-
changing time developers like Waikoloa Land Company demonstrates sincere sensitivity for
those who work in resort communities. Their promise in workforce housing and the Waikoloa
Foundation go above and beyond what is required of them, and we need more and more of this
kind of support for our island home community. I also agree that Kumu Hou has the potential to
create a more resilient and diverse hospitality industry that yields the same economic benefits
from fewer visitors. Kumu Hou in Hawaiian language is about returning to the source and
finding new ways to do what we need to, thrive better than before.
Let us recalculate development to place community needs in front like creating a place for
workforce housing to fulfill a desperate need. So many vulnerable workers struggle with every
night. Let us continue to improve plans for projects like Kumu Hou that create infrastructure
within the resort footprint, where the visitor is best cared for. I grew up during a time in Hawaii
where the living places of us those who live, work and play were more respected and not
intruded upon by vacation rental. Kumu Hou is thoughtful development that starts to call in new
models our community is seriously standing up for in these ever-changing times. I believe
Waikoloa Land Company is taking serious measures to protect and preserve the environment and
prioritize community benefit. I need you to thoughtfully continue to approve projects like this.
Projects that work with and for the community more and more. It's our kuleana as citizens of
these challenging times and we can figure this out. Aloha and Happy Holidays.
VITOUSEK: Mahalo. Next up, we have Laura Haase-Yamada.
HAASE-YAMADA: Hi everybody can you hear me, okay?
VITOUSEK: Yes.
HAASE-YAMADA: I did send a letter, and I also sent a couple of attachments on Tuesday
before the deadline. I'm not going to completely read my letter because, as you said, you've
already received it. But I am going to stress a few points in my letter. I just want everybody to
3
EXHIBIT A
know I am a resident of the Kulalani Subdivision in Mauna Lani. And we've owned our place
for about five (5)years. I've been very active, tried to be active in Kulalani and with the Mauna
Lani Resort Association Master Association.
I just wanted to point out in case you all don't know. Our Homeowner's Association is currently
in a lawsuit with Stanford Carr. He's one of the defendants. What happened, was in 2018 our
homeowner's finally gained control of the association from the developer run board. This took a
while it was quite an effort, and we did a forensic audit and learned about a large
misappropriation of funds done by the developer, and his property management company. What
I'm telling you is not confidential information. It is all in the lawsuit that we are currently in
with Stanford Carr and other defendants.
But my main concern here is your selection of Stanford Carr. He has left our development a
huge mess. He ran into financial difficulties and was foreclosed on by his investor, who then, I
believe, I might not be saying this right, but they won the property through a foreclosure action.
Now he and his investor are locked in this lawsuit with each other that's been going on since
2018. So, we're talking three (3)years and there's no resolution in sight. It appears to me a lot
of games are being played, switching attorney firms and all sorts of stuff. I don't know all the
particulars of the lawsuits, but I do know that what we look at on a daily basis in Kulalani is a
huge mess. I just want to know what your Planning Commission is going to do, since I
understand that Stanford Carr was selected as the developer of the Kumu Hou project. I want to
know what your Planning Commission is going to do to ensure that he actually follows through
and finishes the project.
I'm also very opposed to his selection because he hasn't finished our project. So why should he
be given this huge project to work on with you guys if he can't even finish ours. He told a lot of
the homeowners he was going to finish it, but it's been 3 years and we are still looking at four(4)
undeveloped buildings and just dealing with this huge mess on a daily basis of the whole
construction yard. So, I was just hoping that you guys could take into consideration my
comments and maybe provide some answers to how you're going to ensure he sticks to the plan.
Thank you.
VITOUSEK: Thank you very much. Continuing on with Edward Teixeira.
TEIXEIRA: I'm right here, can you hear me?
VITOUSEK: Yes, I can, and would you please state your name and town you live in and —
TEIXEIRA: Yes, I will. Aloha and good morning, Chair Vitousek, Vice-Chair DeFranco and
Leeward Planning Commissioners. My name is Ed Teixeira, a resident of Waimea and a
member of the Waikoloa Foundation Advisory Board. Thank you for the opportunity to voice
my strong support for the Waikoloa Land Development Company's project Kumu Hou and
request for SMA permitting and change of zoning as reflected in the agenda items one (1)
through six (6). Like many of my fellow community members in the district of South Kohala, I
have enjoyed of the years, and continue to enjoy to this very day the beauty both natural and
man-made found within the Waikoloa Beach Resort area. These include as you know walking
4
EXHIBIT A
trails, cultural sites, fishponds, shopping centers, restaurants, hotels, and much more. Including
the superb beach at `Anaeho`omalu Bay that are open to kama`aina and visitors. But my
experience in the Waikoloa Beach Resort area also includes active membership in the Waikoloa
Canoe Club, which is located at `Anaeho`omalu Bay. I have been a club member since 1999
serving as head coach from 2017 through 2020. For the last 22 years I've enjoyed a very special
familiarity with the area, facilities, beaches, ocean waters and coastline. I am proud to say that
I've also enjoyed a solid relationship with the management and staff of the Waikoloa Land
Development Company. Whose policies and resources provide a year-round access to the
public, security and safety for all,protection of our cultural sites, timely communications to
resort tenants and users, master planning, maintenance of beaches and facilities. As such, the
Waikoloa Canoe Club has directly benefited from these policies and resources and is there to
stay.
The public access through the area, however merits emphasis in my short testimony. On any
given day at `Anaeho`omalu Bay you may find local families and visitors on the beach,
snorkelers, stand up paddlers, one man canoe paddlers, fishermen,people arriving for catamaran
or boat rides. On some days you may find elementary school kids there with their teachers,
surfers, wind surfers, 6-man outrigger canoe paddling, and folks just walking along the beach
taking photos of breathtaking views. There is no admission cost to the beach unlike some other
places and parking is free. I don't believe there are many places on the Big Island that can offer
this range of commercial and recreational activity to the public. Indeed, the Waikoloa Resort
area with its special events throughout the year draws visitors from all parts of the island.
Finally, I applaud the Waikoloa Land Development Company's project Kumu Hou, in terms of
what it will provide for the Big Island's economic growth in the out years, its commitment and
outreach to communities through the Waikoloa Foundation while preserving our unique cultural
resources along trails and the shoreline and above all, continued public access to the resort areas
and beaches. Thank you. Happy holidays.
VITOUSEK: Mahalo. I believe Michael Servis is not going to be joining us today is that
correct? David Gross would you please state your name and the town you live in?
GROSS: Yes, my name is David Gross. You can hear me, okay?
VITOUSEK: Yes.
GROSS: Thank you. My name is David Gross and I live at the Villages at Mauna Lani. I'm
addressing Item Number 3 on the agenda relating to zoning at Kumu Hou planned development
affordable housing component. My wife and I provided written testimony however, I wanted to
have an opportunity to address not only the LPC but the many interested parties watching the
Zoom meeting. From the outset let's be clear. Everybody agrees that having more affordable
housing on Hawaii Island is needed and essential as there is a great demand for long term
affordable apartments and houses for local residents. As noted in the Planning Department's
recommendation for Change of Zone, Waikoloa Beach Resort satisfied the affordable housing
requirements with the donation of 300 acres of land to the County within Waikoloa Village.
5
EXHIBIT A
The applicant stated that they considered the affordable housing initiative to be complimentary to
development of the Kumu Hou project. And we would say it's incompatible. We and others are
concerned that developing workforce housing units within the Waikoloa Beach Resort. While a
meaningful endeavor is contradictory to the originally conceived concept of the Resort Master
Plan that was intended for Waikoloa Beach, as well as all the other resorts along the Kohala
Coast. The developers are offering workforce housing within Waikoloa Beach to gain project
and permit approvals to fast track their development. However, the resort's do not specifically
serve the needs of a workforce. The resorts have numerous essential qualities that making
embedding workforce housing within master planned resort communities an incompatible use for
those who will occupy workforce housing within a resort environment.
Where is the strongest thread in the social fabric of a vibrant and cohesive productive and stable
community? It is not in the resort's which have no sense of community that cater to transient
tourists with marketed experiences, expensive shopping, and restaurants in a very limited
essential service. There are no real neighborhoods, public schools, religious venues, daycare
centers, student recreational facilities, public parks, playgrounds, banks, post office, etcetera.
These are the necessary conveniences and services for day to day living. We would say the
strongest thread in the social fabric is in residential bedroom communities that house workforce
of single person's, couples and families and provide the structure and essential services so
needed to give them more complete quality of life. We owe it to them to be responsible and
choosing common sense locations where they can live. They deserve that consideration as they
are foundation of this island.
The resorts should continue to focus on and address the primary purposes for which they were
planned in design as tourist destinations. With second homes and income properties for part time
owners, and retired residences for small amount of a full-time owners. If the developer wants to
compliment work for housing to a community, it should do so where it makes sense in Waikoloa
Village. We ask that you consider whether this unprecedented step of adding workforce housing
to a resort.
VITOUSEK: Okay, mahalo. You run out of time. Thank you for your testimony.
GROSS: Thank you.
The testimony ended at 9:57 a.m.
Respectfully submitted,
Melissa Dacayanan-Salvador
Secretary to Boards and Commissions
6
EXHIBIT A