HomeMy WebLinkAbout2022-04-21 Leeward Exh B (Public Testimony re Items 2&3 Hawaii One1 Investors REZ&SMA) LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
TESTIMONY TRANSCRIPT
APRIL 21, 2022
Public testimony regarding the applications of HAWAII ONE1 INVESTORS LLC
(FORMERLY KONA HEIGHTS LLC) (PL-REZ-2022-000014/AMEND REZ 07-075 AND
PL-SMA-2022-000012/AMEND SMA 07-024)was called to order at 9:56 a.m. via live stream
online meeting, with Chairman Michael Vitousek presiding.
COMMISSIONERS PRESENT: Michael Vitousek, Michael Dela Cruz,
Clement"CJ" Kanuha III (until 10:23 a.m.), Zaheva Knowles, Mahina Paishon-Duarte, and
Faith "Faye" Yates
ABSENT AND EXCUSED: Barbara DeFranco
EX-OFFICIO MEMBER: Robyn Matsumoto (Department of Public Works)
ALSO IN ATTENDANCE: Malia Kekai, 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), Tracie-Lee Camero
(Planner), Jessica Andrews (Planner), and Noriko Sauer (Commission Secretary)
APPLICANT: HAWAII ONEI INVESTORS LLC (FORMERLY KONA HEIGHTS LLC)
(PL-REZ-2022-000014/AMEND REZ 07-075)
Application for a five (5)-year time extension to Condition E(Time to Secure Final Subdivision
Approval) and amendment to Condition K(Drainage Improvements)to allow for the option of
bonding the drainage improvements or the use of other acceptable forms of surety in lieu of the
construction of drainage improvements,prior to the issuance of Final Subdivision Approval, of
Ordinance 09 8, which reclassified 11.05 acres of land from an Agricultural 5-acres (A-5a) to a
Single-Family Residential-7,500 square feet(RS-7.5) zoned district. The property is located at
the south end of Naniloa Street adjacent to the White Sands Beach Estates and Keauhou View
Estates Subdivisions, Pahoehoe 1st, Kapala`alaea 2nd, North Kona, Hawaii, TMK: 7-7-008:121.
APPLICANT: HAWAII ONEI INVESTORS LLC (FORMERLY KONA HEIGHTS LLC)
(PL-SMA-2022-000012/AMEND SMA 07-024)
Application for a five (5)-year time extension to Condition 4 (Time to Secure Final Subdivision
Approval) of SMA Use Permit No. 07-024, which was approved to allow the development of a
65-lot, single family residential subdivision and related improvements. The property is located at
the south end of Naniloa Street adjacent to the White Sands Beach Estates and Keauhou View
Estates Subdivisions, Pahoehoe 1st, Kapala`alaea 2nd, North Kona, Hawaii, TMK: 7-7-008:121.
Secretary's Note: "—" indicates indiscernible speech due to internet/technical difficulties or
simultaneous talk.
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ANDREWS: Chair, there's one more testifier for agenda Item 2 and also agenda Item 3.
VITOUSEK: Okay. We will proceed with that, and I'll just remind all the testifiers please try to
summarize your testimony within three minutes and if you've submitted written testimony,
please don't simply reread it, we have received the written testimony. After the testimony
Commissioners may have questions for you, and then, once it's completed you can log off the
Zoom and continue watching the meeting on YouTube.
Okay, our next in-person testifier is that Ms. Elizabeth Dunn? Okay, thank you. Aloha, good
morning.
DUNN: Good morning.
VITOUSEK: Would you please raise your right hand. Thank you. Do you swear or affirm to
tell the truth on the matter before the Leeward Planning Commission?
DUNN: Yes, I do.
VITOUSEK: Mahalo, please state your name and the town you live in and proceed with your
testimony.
DUNN: Good morning, Chair and members of the Planning Commission, my name is Elizabeth
Dunn, I live in Kailua-Kona and I'm talking about the project I know it's 2 applications but it's
the project that is coming off of Naniloa and has another access point on Alii. I reviewed the
just the staff report on Tuesday and prepared comments and questions and sort of global points
on Tuesday, and I sent that to the LPC. The email to get this presumably to the Planning
Commission so I'm just going to start from the standpoint that you have that. I'm not going to
go through it, because there are just questions on the project that I had some things that weren't
as clear to me as I would have as I was reading through it.
Some issues for the Planning Commission to consider if you think you're going to be approving
this project or recommending approval. What I really want to talk about is the sort of the global
issues that I see in this area, this part of my neighborhood where I live. This is 1 of 3
development projects that's in the area. It seems to kind of, once you use the Kahului-Keauhou
Parkway is some level of transportation in the area. I have a lot of concerns about that in terms
of what the status of that project is. I don't really understand where it is, if it's still a live project,
if it's kind of in the wings. I went to the Public Works department a number of months ago and
asked her staff reports and was told on that project that there aren't any. I have construction
drawings for what that project is, but I really want to understand where that project is in the
pipeline. Is it years off, decades off, I just feel I need to understand that, because that's a big
roadway that really will change the character of where I live.
As it relates to this particular project, I bristle with the fact that something that originally got
approved in 2009 is now being reconsidered again for an extension. It seems to me that there
should be a life term to planning approvals and not this sort of permanent perpetual approval for
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projects. I know from the staff report there's been a lot of work sort of in the background
between staff and the applicant, but none of that is really shown or presented to the public
something more like a real hard and fast criteria like issuance of a building permit. Especially
with the Epic system now is a little more transparent for the whole community. I guess, I would
end with one last comment that they're often changing environmental conditions for not
continually allowing extensions for a project like this. Also, I did ask in my comments whether
or not what the next few phases are Phases 2 and 3. This is an 11-acre site. The site to the west
of it is 42 acres. It seems like that's going to be tee up next. So, it would be nice to know sort of
what is happening to this area and what the next phases are for this particular project. So those
are my comments, thank you.
VITOUSEK: Mahalo. Okay, we'll continue on with the public testimony from the members of
the public who have joined us via Zoom. At this time, I'll ask all the testifiers to turn on your
camera so I can swear everybody in onetime. Okay, everybody please raise your right hand. Do
you swear or affirm to tell the truth on the matter before the Planning Commission?
ZOOM TESTIFIERS: Yes.
VITOUSEK: Mahalo. Okay, first testifier is Simmy McMichael? Simmy are you there?
S. MCMICHAEL: Aloha. Aloha.
VITOUSEK: Hi, Simmy. Hey howzit, we can hear you.
S. MCMICHAEL: Hello?
VITOUSEK: Hello, can you hear us?
S. MCMICHAEL: Hello, I'm here.
VITOUSEK: Hello, hello. Are you there?
S. MCMICHAEL: Where's the unmute thing. Where's the unmute. Here.
VITOUSEK: We can hear you.
S. MCMICHAEL: Press unmute, Alt A
VITOUSEK: Um', if it's okay with you, we will skip Simmy and move on to Olivia Pasciuta
and then we can circle back after that, see if you guys can get your Zoom figured out. Moving
on to Olivia Pasciuta. I hope I pronounced that right. Olivia are you there?
PASCIUTA: I'm here.
VITOUSEK: Okay,perfect, would you please state your name and town you live in and proceed
with your testimony.
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PASCIUTA: My name is Olivia Kong and I live in Ahupua`a of Keauhou.
VITOUSEK: Mahalo. Please proceed with your testimony.
PASCIUTA: My testimony is about the rezoning. It's tax map key 7-7-008:121. I'm in
opposition. I am a lineal descendant from families who have lived and continue to live in
Kahalu`u and Keauhou. To reiterate what my mother, Lily Haaunio Kong had stated September
2013. I am in opposition of the rezoning of agricultural land for the following reasons. The land
was zoned for agriculture and should be used for that purpose. Once you take away agricultural
land, you can never get it back. There have already been an increase of rezoning of Ag land well
as pastureland around Kona over the past years.
Developing this area would disturb the underground water flow that's vital to the ecological
system along the shoreline. Fresh water that flows from the mountain to the seashore mixes with
the seawater and becomes brackish water. That, in turn, is part of the ecological system for the
ecological system nourished by the brackish water all along the shoreline. And then that in turn
feeds into the larger ecological aquatic systems. This same runoff from the land would devastate
the sea life and future tourist attractions for miles up and down the seacoast. These disturbances
would starve the shoreline eventually leaving a barren coastline. An example would be Keauhou
Bay. Just one generation ago it was nicknamed Mother's Kitchen. Today it's more like Mother
Hubbard's Kitchen. Thank you.
VITOUSEK: Mahalo. Circling back to Simmy McMichael. Simmy are you there? I see that
it's muted.
S. MCMICHAEL: Hello.
VITOUSEK: Hello.
S. MCMICHAEL: Hello.
VITOUSEK: Can you hear us?
S. MCMICHAEL: It says press Alt and A. I still don't know where Alt and A is. Where is Alt
and A is Loke?
VITOUSEK: Can you hear us? Hello.
S. MCMICHAEL: Hi.
VITOUSEK: There you are.
S. MCMICHAEL: My computer?
VITOUSEK: Yes.
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S. MCMICHAEL: Okay.
L. MCMICHAEL: Oh, no. Hello.
S. MCMICHAEL: Mike?
VITOUSEK: Okay.
S. MCMICHAEL: I can't do it.
L. MCMICHAEL: Can you hear me?
VITOUSEK: Yes
L. MCMICHAEL: Hello. Okay.
KANUHA: Loke, Loke we can hear you guys.
S. MCMICHAEL: Okay, can I go on her computer and then talk?
VITOUSEK: Please do, yes.
KANUHA: Please do. Turn off the other one.
S. MCMICHAEL: Okay, turn it off, close it. Okay.
VITOUSEK: Okay, would you please state your name and the town you live in and proceed
with your testimony.
S. MCMICHAEL: I'm Simmy McMichael, Kailua-Kona.
VITOUSEK: Mahalo.
S. MCMICHAEL: Expired as of February 19, 2019. First approved February 9, 2009. Enough
already. Time for a new environmental assessment. Purchased at$900,000 foreclosure. Mana.
Alii Drive bankruptcy. Hana hou noted written supernatural factors of National Historic
Registry. Number 1) endangered Hoary Bat, it is in this area and the `Io I see them substantial
adverse environmental or ecological effects. Number 2) how does this enhance the quality-of-
life Chapter 344 HRS. Testing of ocean water, treatment of drainage and huge concern
wastewater. Is the groundwater and marine water quality study done? Study of 2017, 2 million
gallons of nutrients flow into our ocean daily. Consistent objectives of policy Chapter 205A.
Great Wall of Kuakini significance criteria A, B, C, D, E Site 6302. Hawaiians indicated many
burials are within these walls and is now a State monument HRS, Chapter 60 HRS.
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All significant will be preserved by the State Historic Preservation Division (SHPD). Where
SHPD's documentation to allow the destruction of this for the driveway? Where is the EIS and
the AIS of the makai lot as part of this project? Sensitive resources policy ENV 1.5. Number 5)
traffic study was done in October 2021. This was the deadest month of the year. Ironman was
cancelled due to Covid. Study, how do you guarantee the existing and prospective traffic
movement will not be hindered. How do you ensure that this development in relation to the
surrounding property is not impacted with this approval? Hawaii County Code, Chapter 25
Zoning Code. Hook up to a public sewer system? Public facilities policy 4.4 requires that new
subdivisions within one mile of the shoreline within the Kona urban area shall hook up to the
public sewer system.
What sewer system do you connect to? Queen Kalama to Kahalu`u was all on cesspools, Policy
PUB 4-4. Has this project complied with the official concurrency map which identifies road
segments to the constructed concurrent with occupancy of the unit, as a minimum area mitigation
as defined in HCC 25-2-46? How does this agricultural zoning change the single-family be
allowed with climate change, more important ag lands for protection of the runoff and the severe
storms? More pesticides as fertilizer they are negative to our already polluted ocean. County
Enforcement HRS 712 that the appropriate office and agencies charged with the administration
of the County zoning laws enforced the LUC classification and the restriction in the ag district.
HRS 205-2 and 204-5 specify what uses may be made of the ag district.
How is there no emergency evacuation plan? When we have five minutes to an hour to evacuate
for tsunami. Also, fire and big waves and your traffic study of this is over 8,712 daily this—
JACKSON: Simmy, you have 30 seconds.
S. MCMICHAEL: Okay. Planning future of"—" F. [testifier spoke in Hawaiian language -
inaudible] Plan for the next generation. Plan, preserve, protect, and not destroy. Mahalo nui loa.
VITOUSEK: Mahalo. Just a question. So,just to confirm that you have withdrawn your
request for standing in a contested case?
S. MCMICHAEL: Yes.
VITOUSEK: Mahalo. Any questions from Commissioners? Continuing with Hanalei
Fergerstrom? Is Hanalei here? We will continue with Antu Harvey and will circle back if
Hanalei pops up. Antu, would you please state your name, the town you live in and proceed with
your testimony.
HARVEY: My name is Antu Harvey, and I live in the village of H61ualoa. Aloha Chair and
Commissioners. Thank you for this opportunity to speak to about agenda Items 2 and 3
regarding La`ipala Makai subdivision. I oppose both. Our Kona coastal environment and built
landscapes are very different than they were in 2009. By granting any extension, you will be
continuing to use the 2009 knowledge and forecasts to set our future, despite 13 years of change
and better knowledge. Several huge burdens for our community have not unintentionally
resulted from the land use decision of the past 20 years. Those decisions best available at the
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time have caused or exacerbated life-threatening and quality of life-threatening problems that
must be fixed and will be very costly to the local community, including us taxpayers. We can do
better.
Five key areas of concern to me are mobility. When we build vehicle dependent housing, we
cannot ever build enough roads or parking lots. 2) Social capital. Building cul-de-sac car houses
are not affordable for our local families. 3) Evacuation. Adding more people before an adequate
tsunami evacuation plan is in place would be negligent. 4) Sewage processing. Connecting to an
overwhelming or deficient sewer system would be negligent. 5) Cultural heritage and historic
landscape preservation. Destruction is not pono. Most important to us should be any decisions
that are not reversible. Future generations will inherit what we do now. Realistically, we only
get one opportunity to transform our remaining open landscape.
Development locks in prescribed way of life that supports or excludes our local families.
Development typically destroys open space, landscapes, and historic resources. They are gone
forever. Two top considerations that lock in where it's possible are mobility. Sprawling
suburban development causes never ending demand for added road capacity. It is unsustainable
and unaffordable. We need walkable mixed-use neighborhoods to reduce the need to use cars
and encourage social connections. All development from here out must be required to provide
comfortable pedestrian access to stores, restaurants and other businesses, the beach, and parks.
Vehicle dependency exacerbates in equity. Currently people who can lease, afford vehicles are
required to drive the longest distances from affordable housing to school and work and services.
This significantly reduces their free time and increases their fuel costs.
2) Social capital. Kona is highly desirable, and we have become unbalanced toward investors
and short-term returns. We need Kona development to focus on housing and interconnected
neighborhoods designed for full-time local families. We need civic and community spaces in or
adjacent to these neighborhoods that build strong neighborhood identity and connectedness with
the surrounding area. We know so much more than we did 13 years ago. You're better
informed. Please act wisely and do right for Kona, our ancestors, our families, and our future.
Please don't approve the request on these two agenda items. We need housing. The developers
making accommodations to meet county requirements, but this plan follows too much of the
outdated and proven to be problematic model. Mahalo nui loa for your dedication and service to
our community.
VITOUSEK: Mahalo. Next up is Shannon Rudolph. Is Shannon here?
RUDOLPH: Aloha, can you hear me?
VITOUSEK: Yes, there you are. Would you please state your name and the town that you live
in.
RUDOLPH: Yes, my name is Shannon Rudolph0. I'm a 40-year Hawaii island resident. I live
in Holualoa, and I just wanted to state before my testimony that I'm unhappy with the conflicting
deadlines on the Leeward Planning Commission page. It says we have to sign up for Zoom or
send testimony 48 hours in advance. But then I just heard a rumor late yesterday afternoon that
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you could still sign up to testify on Zoom, but nobody knew that they could still sign up. So, you
need to get that in alignment and have a rock-solid deadline that people can understand and
anticipate because then we're scrambling all night to get more people that wanted to testify to
testify. So that's a problem.
Okay, I oppose the number 2 and number 3 zoning and SMA permits and like you've heard in
this area from previous meetings and future meetings. The problems in this area are all the same.
What we're bitching about is all the same. It's the sewer, evacuation, pesticides, and fertilizers
going into the water. The traffic is just insane down there. The beach parks are overwhelmed.
The locals don't even go there anymore. In fact, locals barely even go on Alii Drive because
it's always so crowded with visitors and new residents. There's just not enough room in these
areas without the proper infrastructure that we've been screaming about for years. But no one
seems to be listening and you keep approving these big developments down there that cannot
handle the traffic or the people that we have right now.
So, you guys come on. Please don't approve another extension. It's been 13 years, they go
bankrupt, they run out of money, they get foreclosed, there's other problems and for this
particular development and it's not just this one it's all of them. There's just not enough
infrastructure to handle that population down there and any kind of increases and you guys got to
hear us. For those of you that don't live in Kona, you don't come over here too much. You
don't know what we're having to go through down there and it doesn't matter if it's this one or
the next one, or the next one. If the problems don't get solved down there, we're just going to
have to keep complaining and complaining to you, but you're not hearing us. So, thank you,
please oppose these two extensions.
We just can't have anymore, there's too much that's changed, and they tested the traffic down
there in 2019 during Covid. That's not a true number of traffic cars down there, not true at all.
So, come on, please oppose new zoning and SMA permit for this proposed development. Thank
you.
VITOUSEK: Mahalo. Our next testifier is Lokelani McMichael.
L. MCMICHAEL: Good morning.
VITOUSEK: Please state your name and the town you live in and proceed with your testimony.
L. MCMICHAEL: My name is Lokelani McMichael and I live in Kailua-Kona. I'm testifying
in opposition of agenda 2 and 3, the La`ipala. I don't think that we should, the permit expired in
2019. I think expired means it's done. Just like your driver's license when it expires, you've got
to get a new driver's license. Everybody's talking about the infrastructure. There's not enough
infrastructure as it is right now and putting 62 units of housing is like the cart before the horse.
Kahalu`u Beach is crazy, and everything down there is really car centric. If you go biking, if you
go running, you have to breathe car exhaust.
Part of this property, the La`ipala one is in the National Historic Registry and it's so amazing that
we even have a registry for Kahalu`u. I had asked Michael Yee, the ex-Planning Director, if he
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had ever seen supernatural factor in any historic registry ever and he said no and that had to do
with where they put the heiau. It's Ag, I think Ag lands are important to the culture. One of the
heiau's right next door to this property is a heiau for sweet potato and the Kue`manu one the
heiau, the surfing one at Kahalu`u that one is so significant.
I see a lot of hoary bats, I see `io, I see pueo. I see the hoary bats around 530. I like to go bat
watching. I'm worried about the Great Wall of Kuakini. That is a historic monument that meets
all the criteria. I was reading some of the archaeology and it said, the Great Wall of Kuakini,
Site 6302 which is located 50 meters seaward of the present project area, the site is unaltered and
in good condition. Also, from about the Wall from the archaeology survey from right next door
it's the same wall, the Great Wall of Kuakini. Although the wall was probably initially built for
one of the practical reasons of like farming. Its exceptional size may be attributed to Kuakini's
desire to display his wealth and power through a permanent monument on the landscape.
Construction of the monumental architecture in Polynesia has been attributed to political leaders
attempt to manifest his mana. So, I think that there cannot be a breach in this wall which would
probably be 50 feet, so they could fit a fire truck. I don't see how they can access this from Alii
Drive without breaking that wall.
JACKSON: Lokelani, 30 seconds remaining.
L. MCMICHAEL: Oh, okay. Well, the people they bought it for $900,000.00. I think that's a
pretty good deal to put two houses on versus 62 and breaking it up from 3,000 to 7,000 square
feet. And if we can be more sensitive to this area,perhaps when we build from here on put it on
post and pier. Also, we need to expand the Kuakini Highway because right now, right above it
it's only two lanes and in a tsunami evacuation panic I think you would cause panic. I think it's
a bottleneck, dead stop, death trap and people are going to have to run up to higher elevation.
Okay, that's all right now. Happy Earth Day, thank you.
VITOUSEK: Okay, mahalo and Commissioner Kanuha is going to have to step out for a second.
We've got full quorum to continue, and he will rejoin us when he's available.
KANUHA: Yes, thank you Mike. I just have that agenda item for Burial Council. So, I'll be
back in about 5 minutes after recognition.
VITOUSEK: Okay, mahalo.
KANUHA: Thank you.
VITOUSEK: Continuing with Tiare Hewlen.
HEWLEN: Aloha mai kakou. Tiare Hewlen, [testifier spoke in Hawaiian language - inaudible]
You may hear my keiki in the background. I'm speaking on behalf of my `ohana but also, I'm
an active member of our Kaiapuni School, our Hawaiian Immersion School. I have 7 keiki and
so I'm very involved with just the future generation and what the perpetuation of what we have
available resource wise. I want to express opposition to agenda item number 3. Specifically, the
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request for extension of the SMA Use permits. If the applicant cannot complete the SMA
requirements within the time period of the SMA Use permit, then a new SMA Use permit should
be required.
By granting an extension of the SMA Use permit because an applicant is unable to meet the
terms and conditions as described in the SMA application. So, it's a dangerous precedent that
may not be in the best interest of the County of Hawaii residents. Just, [testifier spoke in
Hawaiian language - inaudible] fully support a lot of what has been said before in opposition to
this agenda item number 3. Especially that it's a tsunami zone, overcrowded, lack of
infrastructure, especially through the pandemic, the lack of medical resources that we have that
we've seen throughout the pandemic. And then on top of that, to add more over development in
that area would just be dangerous for everybody. As mentioned before a lot of local families
have deferred from going in that area because of the congestion "—"
VITOUSEK: Hold on one second. Is everybody else getting some weird feedback?
KERN: Yeah, the feedback is bad.
VITOUSEK: Do you have a cell device on also by chance?
HEWLEN: I can turn it off.
VITOUSEK: Okay, that's much better.
HEWLEN: Okay, kala mai. Would you like me to start all over?
VITOUSEK: Let's see, I think we got most of it, it just kind of faded out on like the last 20
seconds.
HEWLEN: Okay.
VITOUSEK: So, yeah.
HEWLEN: All right.
VITOUSEK: When you started talking about basically the tsunami and those kinds of impacts.
HEWLEN: Okay, well just repeat really of what has been mentioned before through the
testimonies beforehand in opposition. I do worry about not only everyone in that tsunami zone
but also, we have a school down there Kahakai Elementary which services a lot of our keiki.
Any type of bottlenose as it's mentioned about Kuakini Highway, all of those are huge concerns
to our community and I just want to voice again my opposition for this agenda number 3 so
mahalo for your favorable decision to deny the request for extension of the SMA Use permit.
Mahalo.
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VITOUSEK: Mahalo. Continuing on we have Sharon Willeford. Sharon would you please
state your name and town you live in.
WILLEFORD: Aloha, I'm Sharon Willeford. I live in Kaloko, Kailua-Kona. I was a longtime
resident in Keauhou which I consider to be sacred land. All of the `aina is sacred here and it's
being sold off to foreign investors, developers, newcomers without consideration for the local
people. Many of us are struggling and I don't know what went on behind closed doors during
Covid but looks like permits have been given out like candy and we need to think about the
future. I was a teacher at Kahakai, and we never had a tsunami drill. Once a year we'd walk
down to the church on the ocean for other emergency preparation and it's just endangering the
children and the whole community. I think I had witnessed that my son told us last time that the
coastline from Keauhou Bay is pretty much a dead zone. We have allowed this abuse and use of
our land and our ocean, and we need to protect everything we have left.
Some countries are disallowing foreign investors from purchasing land and homes in their land
and we at least need to tax the newcomers highly so some of us can still find places to live and
afford to live here. We should be focusing on growing food, keeping ag land going, helping each
other and the new rich people coming in do not understand aloha. They just do not have the
spirit and we need to watch carefully what's going on. I agree with everything that Simmy and
the other testifiers have said, and I oppose number 2 and 3, no more extensions. Let's try to
make this Kona town a beautiful place that people can come and visit and not another Oahu
which is the intention by maps and other things that we've discovered of the new developers that
are coming here.
I saw that many permits were given out like candy during Covid, and we see the development
starting all along Alii Drive and everywhere and we appreciate if you guys would realize yet
you're ruining our life and the potential for this place to be nurturing for everyone that lives here.
Mahalo.
VITOUSEK: Mahalo. Our next testifier is Malia Kipapa. Malia, good to see you
KIPAPA: Aloha—
VITOUSEK: Please state your name and the town you live in and proceed with your testimony.
KIPAPA: Mahalo. Kalamai, there's people doing the landscape in the background, so if it's
loud kala mai.
VITOUSEK: We can hear you just fine.
KIPAPA: Aloha Leeward Planning Commission members, my name is Malia Kipapa. I'm a
Kona resident and lineal descendant specifically to the `aina of Pahoehoe in North Kona. I wish
to express my strong opposition to agenda item number 2 and number 3. Specifically, the
request for an extension of the SMA Use permit. My personal opinion if the applicant can't
complete the SMA requirements within this window and time period of the SMA. This permit is
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already expired, then a new SMA Use permit should be required for this developer to apply for
in all fairness.
So,just highlighting some of the things that I've been listening to and hearing from concerned
people of this community, immediate community where this development is being proposed.
From Olivia, the Haaunio `ohana shared about rezoning from agricultural zone to resident. She
raises a lot of vital and very important concerns from a lineal descendant perspective which I
share, as a lineal descendant of this area, and this place. And she shared what her mom is saying
and she's just continuing to echo that today in place of her mom. I'm sharing from my
experience. Descendants have always been against this development. Speaking from families of
Kahalu`u and Keauhou they've always been in resistance of this. Since I've been able to have
the privilege to take care and malama places here in Kahalu`u and Keauhou specifically for my
job with Kamehameha Schools.
But I'm calling in and sharing testimony on behalf of my `ohana and personally as a descendant
of Kona. My `ohana are buried on the hills on the `aina in Pahoehoe as well as in the lands of
Kahalu`u and Keauhou. Agriculture, this is important. Food production. This was the purpose
of this zoning of this `aina and yet we are repurposing it and trying to rezone it. I'm against that
the rezoning of this from agricultural. We have descendants that are on the brink of where this
development is being proposed that are lineal descendants of Kahalu`u.
I read through the proposal for the amendment by Hawaii Onel, LLC. I have a little bit of
concern on how SHPD approved a burial treatment plan. When everyone and my experience
from working alongside with SHPD and with the Burial Council. It's a requirement to make
sure that lineal descendants especially have a voice in any type of disruption that has to do with
actual burial sites. The fact that they found 14 potential burial sites and cultural sites and they
were able to get it approved. I have a little bit of, and I only read this this morning at one o'clock
because I found out just as Elizabeth Dunn shared about transparency. Many other people that
are sharing in opposition in testimony against this development and the extension of this SMA
permit. I share the same concerns is this transparency of understanding, where was this due
process happening when —
JACKSON: Malia you have 30 seconds remaining.
KIPAPA: Okay. So, I echo, I basically asking for the Planning Department to really consider
and look and listen to all of the testimonies and opposition of granting them an extension for this
SMA permit. This is setting an unacceptable and irreversible precedence in the best interest of
our descendants, our families, and our residents of Kona. So, I really push towards the Planning
Department to make the right decision for our community and our families. Mahalo.
VITOUSEK: Mahalo. Our next testifier is Nancye Capri.
CAPRI: Good morning.
VITOUSEK: Good morning, please state your name and town you live in.
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CAPRI: Yes, I'm Nancye Capri, I'm a longtime resident been here 42 years and have
agricultural land in H6lualoa and Alii Drive. I'm here by myself, I think you needed to know
that. Really, I don't have much more to say than all the other folks that have testified. I think
that it's vital to take pause. I'm against number 2 and number 3. Alii Drive is a dangerous
place now, it doesn't even take a disaster, and you can't get off the road and you can't enjoy a
walk. Kona used to have gathering places. We used to gather on the Pier, Halohalowai,
Kahalu`u, Pahoehoe and Keauhou. You don't see that much anymore it's too crowded, too
congested, unsafe, children can't be down there, infrastructure is poor, if any.
I really ask you folks take pause. I agree, they didn't meet their extension it expired. If
something of mine expires, like a driver's license I have to go renew. I think Alii Drive is a
very, very special place. I think all of Kona is and pretty soon it is at such high risk of changing
into something that is not desirable. So please listen to your community and take pause deny
these items number 2 and 3. I thank you so much. You have any questions?
VITOUSEK: Mahalo. Commissioners any questions? Okay and then we have Mandy Johnson-
Campbell. Hi Mandy. Please state your name and the town you live in and proceed with your
testimony.
JOHNSON-CAMPBELL: Good morning, everybody. My name is Mandy Johnson-Campbell. I
live in H6lualoa in Kailua-Kona. I oppose agenda items 2 and 3 for extending the SMA permits,
and I agree with everybody who's already voiced that. Those have expired and if they want to
pursue further plans here, they need to reapply. I specially support the lineal descendants, who
have testified on behalf of their `ohana and residents of this area that have been here for
hundreds of years. Their voices should be heard and I'm echoing a lot of the same concerns that
have already been shared. There're inadequate emergency evacuation routes already.
The County parks and beaches in this area are already overrun and do not have the adequate
funding to maintain the facilities that are there already. I don't know if everyone has recently
visited Kahalu`u Beach Park or the other beach parks. They just simply don't have the resources
to be able to maintain even under the current usage. I don't agree with the ag lands being used
for developments, and then we really have no idea of the affordability of these places that are
going to be put in with this development. Even if there is an affordable context or units within it,
which is common with these. How affordable is that to our residents or are these going to be
marketed to people from all over the world, and just be introducing even more new residents into
these areas?
As we've heard from everybody this morning, it's difficult even for the local population to use
these areas. I'm professionally and personally interested in preserving the historic properties and
the cultural landscape of this very sensitive and important area. Introducing 60 plus new units of
housing right here is not conducive to preserving that cultural landscape. As we keep approving
these subdivisions that take small bits away from important features, such as the Kuakini Wall or
different historic sites. It's chipping away at that cultural landscape. As we know, it's not just 1
site and 1 site and 1 site. This is a continual cultural landscape that needs to be preserved. It's a
unique world so it's important that we preserve that for future generations as well.
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As a mother and a surfer, I'm especially concerned with the water quality issues from this area
and until we figure out the sewage treatment and all of those issues that come along with it with
new developments in this area, we cannot keep putting in subdivisions. We already have issues
and brown water advisories multiple times a year and as sea level rise continues and climate
change that's going to continue. So, we need to work on the problems that are already plaguing
us not to be adding on to that for not only our health of human beings, but also our coral reef in
our ocean. Animals and environment that are so precious to all of us.
JACKSON: You have 30 seconds remaining.
JOHNSON-CAMPBELL: I'll leave it at that. I oppose these two measures, and I thank you for
all of your time Commissioners and thank you for denying this extension requests. Mahalo.
VITOUSEK: Mahalo. I see that Hanalei Fergerstrom has joined us. You'll be our last testifier.
Please state your name and town you live in and proceed with your testimony.
FERGERSTROM: Good morning, can you hear me?
VITOUSEK: Yes.
FERGERSTROM: Good morning, I'm Hanalei Fergerstrom, I'm the spokesperson for Na
Kupuna Moku `O Keawe. Which is a kupuna organization that entails all 6 districts of the Island
of Hawaii. We stand in direct opposition to both A2 and A3. We do not believe that any further
development in the Keauhou area is practical at this time. I, being an old-time resident of Kona
myself, although I'm not living there now. I've watched the deterioration of the Keauhou area
ever since Keauhou Beach came down. There're many things that have gone down there that
actually missed the eye like the destroying of the Kuakini Wall as it's been brought up. There is
terrible water there. There is water but it's terrible. Nobody from Hilo wants to drink that water
when we come down.
And this whole idea of emergency exits is a very, very important thing to understand. You do
not have the infrastructure there. I don't see when you're going to get the infrastructure there,
especially when you're considering adding on new subdivisions. I believe this is not the only
ones that are coming up there, I believe there's several more that's in the pike and I think that
you should be cognizant of what the problem is existing already as far as safety goes. Then add
on how the problem will be heightened with adding on other subdivisions. With that, that's all I
need to say, and thank you very much for your time. Any questions?
VITOUSEK: Mahalo. Commissioners? No. Okay and then I see Maki Morinoue is here, but I
don't see her name on the list of testifiers. Maija is —
MORINOUE: I did register.
VITOUSEK: Okay and you're here so you'll testify, but I just wanted to confirm if we got that.
JACKSON : She is on the list.
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VITOUSEK: Okay, cool. Mahalo Maki,please state your name, town you live in and proceed
with your testimony.
MORINOUE: Awesome. Mahalo everyone for this opportunity. A lot of details have already
been spoken so I'm going to advocate and support for the many wonderful things that has
occurred so far. My name is Maki Morinoue, a fourth generation from H61ualoa Ahupua`a here
in the village. We have a family farm for 5 generations now. It's an agroforestry now. We've
moved from coffee to multiple crops. No poison. Our goal is to ensure that our aquifer system
for many generations to come get filtered and cleaned by whatever little piece of property that
we have control over.
So, I want to advocate support for the woman who testified at the beginning. As H61ualoa
rezones from agriculture to residential. It is absolutely a big mistake to do so. When we live
here in the sweet spot where we can grow everything under the sun, and we ship 90% of our food
to Hawaii. So, I support her and onward I oppose this agenda item 2 and 3 for all that has been
stated and support our lineal descendants. I love seeing so many of you show up today mahalo
for your advocacy I support that.
The new things that I'd like to add, is an article. A Sunday article that was published, and I
believe 2021 titled "Mega Tsunami". Where Kwok Fai Cheung, a professor of ocean resource
and geo-engineering at UH Manoa has offered the County of Hawaii to have a plan and to
create an action towards having an evacuation plan for Kailua-Kona. I'm so curious to know if
the County of Hawaii has step forward in this relationship, and this collaborative relationship
with an expert. Allowing us to understand that we are absolutely from an expert point of view
not prepared for a tsunami. We've had 2 tsunamis already from all those that live along Alii
Drive had firsthand experience with no sirens, and a full complete stop. We had also the support
of the Police Chief and Ms. Simmy McMichael many years ago to raise these very, very
important concerns.
JACKSON: You have 30 seconds remaining.
MORINOUE: Mahalo. I also support all the amazing archaeological sites and the historic
preservation of these areas and to mention another added water issue is the flood ways that we
have here. There's been some Public Access, Open Space and Natural Resources Preservation
Commission (PONC) applications that were not purchased but green lighted by all 9 County
Council members. These are all huge lands that affect areas right near these 62 units. So please
vote no. We all oppose items 2 and 3, and the rezoning the continuous rezoning of our
agricultural to residential lots it does not make sense for a future ahead. Mahalo.
VITOUSEK: Mahalo. Are there any more testifiers that we've missed?
JACKSON: No.
VITOUSEK: Okay, anybody come in person? No, okay.
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JACKSON: No, not that I'm aware of.
The testimony ended at 10:50 a.m.
Respectfully submitted,
Melissa Dacayanan-Salvador
Secretary to Boards and Commissions
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