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HomeMy WebLinkAbout2022-07-21 Leeward Exh A (Public Testimony re Items 56 Hawaii One1 PL-REZ-2022-000014 PL-SMA-2022-000012) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII TESTIMONY TRANSCRIPT JULY 21, 2022 Public testimony regarding the applications of HAWAII ONE1 INVESTORS LLC (FORMERLY KONA HEIGHTS LLC) (PL-REZ-2022-000014/AMEND REZ 07-075 & PL-SMA-2022-000012/AMEND SMA 07-024)was heard at 9:45 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua- Kona, Hawaii, and via Zoom, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Michael Dela Cruz, Clement"CJ" Kanuha III, and Zaheva Knowles ABSENT AND EXCUSED: Mahina Paishon-Duarte and Faith"Faye" Yates 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), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Christian Kay (Planner), Jessica Andrews (Planner), Janice Hata(Zoom host), 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. 1 EXHIBIT A VITOUSEK: Okay, to those of you who have requested to testify now, would you please raise your right hand, the Zoom testifiers. No,please raise your right hand so I can swear you in. All three of you. Thank you and I'll take that little hand emoji as being raised also. Do you swear or affirm to tell the truth on this matter now before the Leeward Planning Commission? TESTIFIERS: I do. VITOUSEK: Thank you,please, begin your testimony with your name and the town you live in. WHITE: Good morning, my name is Heidi White. I've been a realtor in Kona for 26 years and resided 43 years. The bulk of my sales has always been in the Keauhou, Kahalu`u, and Alii Drive areas, and this is where I raised my 3 children. I'm speaking against this development today because of the concerns about where Kona is headed and how we can care for our residents old and young. I'm fully against this development for many reasons, but I'm going to talk about two. I've seen many changes in the past 40 plus years and many of us have experienced the tsunami evacuations, and we know they are gridlocked so much that every day of every year I practiced to park my car forward to drive straight out. As every minute is essential to make it out before the gridlock. Thank God we haven't had a tsunami to wipe us all out but it's a looming worry. Within the past month, a hard-working, non-drug using elder friend of mine who I would watch pedal his motorized bike in the morning to his side jobs in his 70's recently died in the homeless camp. What a shock to many of us. Our young families with children, our elders are forced out onto the streets because there's no housing. These are non-drug user, hard-working citizens of our community. I feel like the County and all of these people representing us are dropping the ball. Clearly, the news has been written this last week about fraudulent bribing and illegal handling of developments who agree to comply with affordable housing agreements and these requirements are fraudly swept under the rug to be forgotten. Our people have a voice. That's you and me. You in office and me out working within the community, who I love. We have to fight for housing for our young, retired, and working class. This development is not needed and will cause a danger to all that live here for the lack of evacuation solutions and displacement of our old and our young precious kama`aina. Why should someone come from somewhere else and get precious housing that's on short supply, when our people have non due to mismanagement of our County and Planning departments. These two subjects are a crime in process. Stop this developing crime to Hawai`i's people. Who you and I agree are a treasure and that's why all these tourists are coming here to experience the aloha and the kama`aina way. We must take care of them, thank you. VITOUSEK: Thank you. Janice, are you going to run through the list since you have the current list? HATA: Yes, next up is Rebecca Melendez. MELENDEZ: Hi, so, okay. Am I on? 2 EXHIBIT A HATA: Yes. MELENDEZ: Okay. Heidi, I just want to say I support you a hundred percent. I'm Rebecca Melendez. Lived in Keauhou off and on almost 30 years. My heart is, I've been, my heart goes to this island. I came here because of the aloha. I came here because of how it felt. And now I'm seeing huge changes that I don't feel, I feel the island does not have the infrastructure for or the resources for. I've seen, I've actually created a petition at change.org/save Big Island that has about eight(8) map keys that are in application process which is over 300 acres of land that is now being an application process to build. As agreed, I totally agree with the fact that we need housing for the people, we need housing for kama`aina, we need housing for locals who have been here for many, many years, and not for the newcomers who have the millions of dollars to spend. In the petition that I've created it's also saying if we could have a stipulation if there is development for those developers to have a huge percentage to only sell to locals at an affordable rate and not for the millionaire newcomers. Because honestly, that would help keep the population out of place if the State doesn't have the money to fund housing and developers are making are doing this development. To have the developers sell to locals at an affordable rate would not increase the population at a drastic rate, it would help what we have an issue with which is housing. And also, the sewer issues. We've had sewer lines break. We don't have, we have two lanes I don't know if you guys know this, but there's two lanes around the entire island. That's it. The traffic as it is right now, it could take me sometimes 20 minutes, 30 minutes to go 7 miles, to get to town during high tourism. Parking. We don't have parking. We need to have the infrastructure in place and honestly, the Big Island it doesn't have the infrastructure to turn into Oahu. Look at what's happened to Oahu. Sewer issues, traffic over 2 hours of traffic for people. Mostly newcomers coming in, rather than having affordable housing for people. You know the aloha is about the heart. You know I'm not Hawaiian, but I've fallen in love with this island, and I know what aloha is and for any of you guys who are taking a bribe, which is very corrupt for government and a lot of them I'm saying anybody is. But I'm saying if something's happened, you got to know the job for this island is to be for the island and be for the locals and not be for the money. And you know, be to support what the island has and what the Big Island is, and the Big Island cannot turn into Oahu. Because it doesn't have the infrastructure, as it is, it could take months to get a doctor's appointment. It took me 3 months to get a dentist appointment. We don't have you know it's just we just don't have the resources to increase the population at this drastic rate that all of these applications that I have in my petition are going for. And so, I just wanted to say, you know,please step back, do not you know I want to oppose any of these new developments, because the island is just it needs to slow down. All of these applications need to be opposed right now, until we get you know the locals to have housing. You know the aloha has to be there and it has to come from the heart and that's what I want to say. Thank you. VITOUSEK: Thank you. HATA: The next testifier is for Items 5 and 6, Stacy Sawyer. 3 EXHIBIT A SAWYER: Hi everyone. Can you hear me? HATA: Yes, we can hear you. SAWYER: Okay, thank you. Good morning, everyone, my name is Stacy Sawyer. I live at 77- 122 Queen Kalama Avenue, 2 doors down from Naniloa. This development must, I'm so against it and everyone in our community is against it. I have turned in testimony, I've turned in a petition, and I agree with the last two speakers on everything. In my written testimony that I submitted; we have wonderful wildlife here that would be gone if this is allowed to go through. If you put in that road off of Alii Drive for them to access this new development, we all know that is just going to lead to more houses being approved. The noise, the traffic, no emergency routes, too many developments in this area, and we have Stanford Carr down the road on Alii. Kamehameha Schools, they want to put in the bungalows and there's another one I don't know what it's technically called for approval with 52 more affordable homes on Alii Drive. It's too much. It's too much for this area. We all know, they're going to use Naniloa and other places to access this with their trucks and their drilling. And furthermore, it's a California company. They missed the deadline. I listened to the whole last when they testified, and they had no good excuse. No good excuse for not submitting their paperwork. You know that's just ridiculous. They missed the deadline, they were disappointed it wasn't approved and therefore, why are we even looking at this. These Kuakini Walls they'll disappear forever. They'll be gone. This is Hawaiian land. I'm just so upset about it. Please do not approve this. Thank you. VITOUSEK: Thank you. HATA: The next testifier is Tara Rojas testifying on Items 5 and 6. ROJAS: Aloha, my name is Tara Rojas, and yes, I am so glad to hear the previous testifiers because this is happening on all islands. And to hear that kanaka"—" are speaking up for Hawaii island against this Naniloa development for the reasons that they stated, and you've heard. You know this land, this `aina, you know is primarily for kanaka"—" and for those of us who were born and raised here and or just you know are really kanaka"—" and thus. We feel and we're here to protect the same values that kanaka"—" have and have held for generations, and so, if you're hearing this speaking up against this development for Naniloa on Moku Keawe. Now, can you imagine the same exact thing I just came off from a Kauai County Council meeting, Kauai Planning Commission Use on the island of Kauai. Where it's much smaller, well I mean not much smaller but it's a different community. Every island has their own you know their own feel, their own community, and right now I am so grateful to hear the kanaka"—" testifiers you know mentioning about the hewa. That's been happening for way too long and that now it's coming to light with all the corruption cases. So, if what's happening in all of these Planning Commissions, and County Councils are through corruption, you know bribery and that's how come the current desecration is happening right now in Koloa, Kauai. And right now, you know so many other things happening, you need, this 4 EXHIBIT A needs to stop basically. The continuous development pushing through, not listening to the community needs to stop. Stop the development because you have to look at it. I've been on the Kauai Board of Water meetings, and they mentioned that the April minutes in the May meeting that they said 3 million gallons of water are leaking. They cannot find the cause of it; they don't know where it's coming from. So that's it's been leaking 3 million gallons of water right now. So that's April, May, June, July it's continuing on. So, where is the water for all of these you know developments and on Kauai the issue is luxury housing not even affordable housing they're talking about. So, where is the water going to be coming from? They're already taking some other Ahupua`a to be able to supposedly supply. Their advertising Kauanoe o Koloa is not even built yet and that's what we're trying to start right now. You know the desecration because SHPD, the Burial Councils and everything that work should have been stopped already. They're blowing up the lava caves there which are all connected in a lot of land in Kauai all over the island. And so, I'm speaking about Kauai because it's all related to what's happening now on Hawaii island. Every island. You need to just stop rubber stamping and catering to developers, corporations. All of these— VITOUSEK: Less than I minute left. ROJAS: —positions and committees it's for the people. Even the people supposed elected in our legislature supposed to be listening to the people. Nobody is listening to the people. Basically, look at TMT that they're gonna supposedly go through now with the EIS. Worldwide the people are saying enough, stop, indigenous culture needs to be respected and restored and given back. Stolen land, this is all stolen land. This is where illegally occupied. So, when is common sense, when is, when our kanaka"—"values, indigenous mindset values, decolonized mindset when is that finally gonna take effect? — VITOUSEK: We are going to ask you to summarize, the 3 minutes have been completed. ROJAS: — It's 2022. We're educating our keiki regarding history to be able to critically, you know think and also you know, common sense when the adults in all of these meetings are not practicing the same procedures and through these. This really confusing and time-consuming system and practices and procedures and laws and bills and everything.— VITOUSEK: Okay, I think we've reached the maximum time that is allowed. ROJAS: —Just keep it simple. Stop. Listen to the people and fulfilling kuleana in that way. VITOUSEK: Hello? ROJAS: —So, I oppose Naniloa development, I oppose anymore development. These issues wai, `aina, mea`ai. The people need to be addressed first— VITOUSEK: Okay. 5 EXHIBIT A ROJAS: — and foremost. Mahalo. VITOUSEK: Mahalo. Thank you for your time. HATA: Next up, we have Kiara Lorenzo Rodrigues testifying on Items 5 and 6. LORENZO RODRIGUES: "—" can you folks hear me well? VITOUSEK: Yes, we can. HATA: Yes, we can hear you. LORENZO RODRIGUES: Okay, for the record, my name is Kiara Keleluka'ana Lorenzo Rodgrigues. Born in Waimea. My Ahupua`a is Hamakua. My awawa or valley is Waipi`o Valley. First of all, I'd like to just state off my second great grandmother, her name is Vigilia Kamakanakoolau Makuakane was actually born and raised on these shores. Sorry. I want to also talk about the fact that her mother Elizabeth Keawekeulu Kahoopii was also raised in these shores. For me is a direct impact on my culture and my genealogy. I was raised hearing the stories of my grandmother going out to these areas and picking limu, of picking `a`ama, of picking `opihi, of picking "—". These are the general wealth, the generational wealth that my kupuna has passed down to me. But today, I have to testify against this development. I want to also talk about the cultural significance of this `aina. We know, in the time of Umialiloa which is one of the greatest, greatest, greatest ali`i to come out of Moku O Keawe. He was of the great ali`i of Waipi`o but he also had a heiau over in these areas in Kahalu`u to Keauhou and these districts were loaded with heiau. Unfortunately, through over the years we've seen how much desecration to these `aina's. You have to also understand that the iwi kupuna that are buried there. They have to mean something, they mean everything to us, and I hope you folks do your due diligence and I hope you guys do your research and understand the great significance of this wahi pana. I also want to ensure that you guys understand that his son the great, the, sorry, the great, where is his name "—" also dwelled at Kahalu`u. "— "was building and dedicating several heiau's, ceremonial sites and all these had to do with Lono, which is our god of fertility and agriculture. So, we understand that these places are great areas where we can grow our natural substance and our foods. I also have to just for my last couple of seconds just thank all the very the mana- wahine that spoke before me and it's amazing to see allies that our people have because our voice has not been heard for far too long. And I'm so happy that the people who also call Hawaii their home are standing up and standing in solidarity with us because it's about time. Our children, the next 7 to 25 generations should be allowed to access these areas. My son, he's only three, I could only imagine how much has changed since my grandmother had walked those lands and gathered its food. My son deserves that same chance, and his children deserve that same chance as all people of Hawaii do. Even the people who are not have the koko, they have the opportunity to feed themselves. Heaven forbids if anything was to happen, like that first lady 6 EXHIBIT A that went to testify said, if there was a tsunami, what would happen. We need to understand the infrastructures are not up to par and we need to understand that the communities, the people who live there are saying, `a`ole. So, you folks should as well. Mahalo nui loa. VITOUSEK: Thank you very much. Are there any further testifiers that like to speak now? HATA: Hi Chair, I don't see anyone else indicating that they'd like to testify at this time. VITOUSEK: How about Setsuko Morinoue? HATA: I see, sorry I see one person Setsuko Morinoue testifying for Items 5 and 6. VITOUSEK: Would you please raise your right hand. Do you affirm to tell the truth on the matter before the Planning Commission? MORINOUE: Yes. VITOUSEK: Mahalo. Please begin,please state your name and the town that you live in. MORINOUE: Hi, my name is Setsuko Morinoue and I'm from H61ualoa, District 7 and I am from originally from Japan. And when my early 20's I moved here and lived and loved this land area of the West Hawaii. The way I came from it's almost like a setting the same way and the beauty of the nature. But there's so much development took over, and we have so much chaos disaster after disaster, you know, the whole world is in that. And no difference from our place if you don't do anything right now and I speak and I'm very appreciative, thankful for the people are really taking time to say what they feel about this nonsense to me. And not really thoughtful through respect through to take care of this place and keep on repeating the same, same old way to build the circle, or better community or whatever, that is. We have here is hundreds of years of practice of the kama`aina did amazing way to sustain this beautiful place. We have benefit, benefactor of that and don't forget they're the one the stewardship kept this land so beautiful. So, so much given to us and we have people came here just take and take and keep on taking. And it's really upsets me and I'm so part of the not you know kama`aina but everybody came this land for the reason, and we have to be responsible to take care, listen to the elderly kumu's and how they take care of it. We learned so much from Ahupua`a system which is you don't see any place in else in the world and it's so beautiful way of pono. Pono way of taking care of the land. If we do not have land. Who can even talk about how you can make life or the money or whatever economy you talk about? We cannot talk about anything if we don't have a healthy land. We cannot talk about anything more. When you today, you look at the Alii Drive — VITOUSEK: Please summarize, that's the three minutes. MORINOUE: just Alii Drive alone. How many more open lands we have? How much more you want to put the housings and roadway and covers the greens and the dirt and waiting for the 7 EXHIBIT A disaster to happen. And you developers and the Commissioners and our politicians, we have to clean up. We cannot go forward with without not taking care of all the mess. The list of the things that is written here and it's all true all the ladies are speaking about. We're talking about the same thing over and over and every single issues and item comes up and I get really upset. Because every time the same old thing we have to fight for and then we should stop right here, and we are start talking about how we take care of this land not how we develop this place and housings, roadways, and FEMA zone. I'm— HATA: Hi, excuse me, excuse Ms. Morinoue. MORINOUE: Yes. HATA: Could you please summarize your thoughts. Thank you. MORINOUE: Yep, okay. I strongly oppose this plan and not go forward and so is any other development coming to this table. Thank you very much for listening and please take care together, thank you. VITOUSEK: Mahalo. Is there anybody else? HATA: Yes. We have three more people — VITOUSEK: If there is anybody else, I think, I'd like to— HATA: —who'd like to testify at this time. The first person is Paula McMichael — VITOUSEK: If there's are additional people— HATA: —she will be testifying on Item — VITOUSEK: I don't think they can hear me real good, huh? HATA: Items 5 and 6. KAY: Janice? HATA: Hi, yes. KAY: How well can you hear us with the microphone coming through? HATA: I can hear you clearly. KAY: Okay, we're seem to be over talking here a little bit so, we will just have to speak a little bit louder. HATA: Okay. 8 EXHIBIT A KAY: Okay, so the question here is that if there are many more people to testify via Zoom can you have them all turn their microphones on so we can swear all of them in at one time,please. HATA: Okay. — KAY: Thank you. And the video if possible and cameras, if possible,please. HATA: So that would be Paula McMichael, Lokelani McMichael, Ron Johnson, and Kyle Kettle if you could unmute and turn off your camera or turn on your camera sorry, so that the Chair can swear you. Thank you. VITOUSEK: Is that everybody? I only see one person. HATA: They should be loading shortly. VITOUSEK: Okay. They've got their hands raised. Do you swear or affirm to tell the truth on the matter before the Planning Commission? KETTLE: I do. JOHNSON: I do. VITOUSEK: Simmy and Loke? HATA: Paula McMichael are you able to unmute and turn on your camera? VITOUSEK: Loke, are you, you guys can you hear us? The McMichael's? Okay. Well let's just keep it rolling. HATA: Kyle Kettle, I see his camera on. Would you like to go first? KETTLE: Yeah. My name is Kyle Kettle I currently live in Aiea, although I did do a lot of work in Hilo back in 2010 for a local bank there. And so, the Big Island of Hawaii does have a special place in my heart which made me want to come speak on this matter. What I've looked into in this site, I really echo a lot of what has been said by the other previous people who have testified about this. When I just look at the things that are going on it's kind of concerning when I see the developers requested an amendment to one of the conditions of their permit. Which would require them to complete drainage improvements to the area prior to doing any work in the area and they're seeking to have a bond or a surety in place of this. Well, what happens if this project is halted or delayed, and they've started work and those drainage improvements aren't in place, and it causes some sort of environmental problem with the area or the historical sites there. The money can't replace those historical sites and those places are special and they need to be protected. 9 EXHIBIT A So, I just want to say that I'm opposed to something like this and if a project like this is going to happen, they really need to start from the beginning and reevaluate this whole thing because the economic situation we're in right now is much different than it was in 2009 when this first started. And especially with Covid and rising interest rates now, and record inflation. Is this project going to be feasible in the near future, when all of these things start to hit our economy and say there is another housing gift? These are the first type of the things that people run away from and they just leave everybody who's there living there holding the bag. So, I think this should be stopped, and it should if they're going to move forward, they should reevaluate it with all new assessments and all new studies based on current conditions. Because there's no way this stuff that you guys are that the approval of this has been based on is current. So, I just hope you guys consider the concerns of all the residents who live there. VITOUSEK: Mahalo. KETTLE: That's it. VITOUSEK: Thank you, thank you. HATA: Next, we have Ron Johnson testifying on Item 46. JOHNSON [CAWTHON]: Aloha, my name is actually Ron Cawthon. I'm a longtime resident of Keauhou. Been a member of the La`aloa ohana since 1994. Which was created by the guidance of many kupuna including but not limited to Uncle Leon Sterling, Uncle George Naope, Uncle Alena, Uncle Aka Mahi, Auntie Lei Collins, and several others. They requested that I be the spokesperson and advocate for all matters related to La`aloa and other Ahupua`a in that area. I've continued that kuleana since that time, and since gained extensive experience and understandings related to Hawaiian Land Titles issued by the Hawaiian Government prior to 1893. In regard to what is now known as TMK 7-7-008-121. Entitlement to that TMK originates from Land Grant 3019 awarded on March 3rd, 1866 to Kaaipulu wahine containing approximately 94.25 acres. Applicants' entitlement to this TMK appears to originate from a transaction on July 25d', 2012. Which originates from a Commissioner's Deed dated on September 28, 2012, which originates from via a judicial foreclosure Civil No. 3CC11100233K. The TMK records lack of any information regarding any deeds prior to 2005. In regard to Kaaipulu wahine it appears she died intestate; her estate may have not been probated. She had children and may have living heirs with vested interest in this land grant. I can find no records, there was judicial action to quiet title of the interest of that parcel or her heirs in-law. It appears the land grant was issued "less than allodial", meaning a limited fee simple interest. The land remains undeveloped the rights of the "Native Tenants" of possession to this `aina remain and any rights by the applicant remain "subject to the rights of native tenants". As time is short, I will humbly demand that this Commission require applicant to document they have standing, lawful, clear, and unencumbered title to this `aina. Before any further actions are taken by this Commission, this can simply be done by applicant commissioning a Certificate of 10 EXHIBIT A Title by an independent title insurance company. The obvious concern would be lawful heirs coming forward now or in the future and unsuspecting purchasers of these units having an unmarketable clouded title. In relationship to historic preservation at La`aloa Beach Park in 1997 there was an approved preservation plan agreed upon by State Historic Preservation Division and the County of Hawaii. I would encourage anyone to go drive by La`aloa today. The County of Hawaii refuses to comply with the historic preservation laws. They have not executed one of the recommendations from the 1997 plan nor the 2005 burial treatment plan. There're definitive issues on corruption within the County government that need to be addressed before any further actions are taken by commissions, such as this. Mahalo nui for your consideration. VITOUSEK: Thank you. HATA: The next testifier is located Lokelani McMichael testifying on Items 5 and 6. VITOUSEK: We can't hear, are you there? HATA: Yeah, I think she's having audio issues or yeah, because she's still on the Zoom screen, but I can't see her video and. VITOUSEK: Is there anyone we can continue on with and circle back? HATA: Not at this moment. VITOUSEK: Okay. Is there any anything we can do to help Loke? Can you use your chat function,just to tell us if you're still there? Okay, in that case I think it's best to move on and she will have the opportunity to testify during the agenda item. HATA: Okay. VITOUSEK: Okay. The testimony ended at 10:22 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 11 EXHIBIT A