Loading...
HomeMy WebLinkAbout2022-07-21 Leeward Exh D (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 10:33 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 D VITOUSEK: Continuing on Cindy Freitas? FREITAS: Aloha. Aloha kakou. [spoke in Hawaiian language - inaudible] I'm going to take Item 95 and 96, if I can have those minutes, 6 minutes. Thank you. My name is Cindy Freitas. I am a native descendant of the native inhabitant of Hawaii prior to 1778. Born and raised in Hawaii. I am also a practitioner, who practice the culture traditional practices that was instilled in me by my grandparents. In view of Hawaii Supreme Court PASH Ka Pa`akai o ka `Aina, and Pele Defense decision. The issue related to native Hawaiian gathering fishing rights and religious purposes must be address. These rights must be addressed in terms of culture, historical, natural resources and associated with traditional customary practice of the site. An Ahupua`a is a land division usually extended from the mountain to the sea along the shorelines such as ridges or other natural characteristics. In Pukui and Elbert SPA 9 define Ahupua`a the land division usually extended from uplands to the sea, so called because the boundary was marked by a heap or one ahu of stones. Article 12, Section 7 of the Hawaii Constitutional provides the State affirms, reaffirms shall protect all rights, customarily and traditional exercise for subsistence, cultural and religious purposes posed by ahupua`a tenants who are the descendants of Hawaii. Who inhabit the Hawaiian Islands prior to 1778. The "—" sites that the applicant claim is incorrect. There are more sites that was left out like the Kuakini Wall. From an accumulated perspective, the impact on cultural resource has been and would continue to be substantial adverse and significant. The cumulative impact to geological resource in a construction develop projects. The magnitude of the significance of cumulated impact to the site that will be irreversible or irrecoverable. The existing cumulative impact on genealogy, soil slopes stability and other factors is considered to be substantial adverse and significant. The archaeology inventory survey for the tax key 7-7-008:121 land of Kapala`alaea, Ahupua`a done by Haun & Associates in January 2006 is incomplete. Due to the fact that kumulipo our ancestor always buried their loved ones in the area that they live. I find it unacceptable that there are only two burials. Finding two burials finding in the inventory, book on archaeology survey Kahalu`u and Keauhou, North Kona, Hawaii 1974. This is still a village of many Hawaiians who took care of the `aina for the future generations to come and practice the traditional practice today, which we are still doing as a descendant prior to the 1778. I find it very disrespectful that applicant states that there does not appear to be any evidence of any ongoing traditional cultural practices on pages 37, 38, 56, 57, 58, 69 and 70 of their so-called County of Hawaii Planning Department Background Report Item 45 and 46. Please remove this statement is incorrect. The applicant lot is adjacent to tax key 7-8-010:004 which is considered historical preservation. I find it very ironic and disbelief that the applicant's knew about the adjacent lot next to that applicant's lot. Reference Punawele Henry Kekahuna, the Maps of Henry Kekahuna Bishop Museum 2011. Reference "—" April 2007. There was not significant consultation with cultural practitioner, cultural descendants, lineal descendants conducted for this project. There was not an emic perspective used when identifying culture 2 EXHIBIT D view planes. The applicant failed to preserve and protect the culture natural landscape for the feature generation. The applicant should be in good faith with the host culture people. I oppose this Change of Zone 45, and I suppose, also SMA 46 they should revoke that SMA. Thank you. VITOUSEK: Mahalo. Okay, next we have Clare Loprissi, Loprissi? Aloha. LOPRISSL Aloha. Aloha kakou. "—" Clare Loprissi. [spoke in Hawaiian language - inaudible] I'm a pale keiki, I am a cultural practitioner, I am Sicilian by my bloodline and citizenship. I'm part of the sovereignty movement here. I was brought here since I was young, but I was a guided here by these ancestors. First of all, I need five and six, I have two things— VITOUSEK: Got it. LOPRISSL —so I have the six minutes. This issue is beyond sad for me and people that know me as a speaker as, a mana wahine and have seen me for years testifying at every issue. This one is heavy for me. That Kuakini Wall, I'll start with that. That Kuakini Wall, first of all hewa! That anybody would even think of going through that. Any Commissioner sitting here, anybody that's been paid off by any Mayor to sit on these boards to vote a certain way, be careful. As a pale keiki, that is a traditional midwife. Now they're not a lot of traditional midwives left, there are plenty in the world but they're trying to get rid of them. But I'm not going to go off on that issue. But that can be read and write. I have been, we are taught through our dreams. We are guided by our ancestors and our kuleana is deep. It is protect of[spoke in Hawaiian language - inaudible], the iwi. So, when you look at that Kuakini Wall, how dare anybody think they'll go through it. All of the iwi of every ohana, that had a baby and if you ever helped a baby come into the world, and they know that someone's left it you would know. You would know how emotional this issue is about me because there's `ili iwi, `ili`ili. So, those little`ili`ili, those little rocks, that divides them. So, if you have someone else in your family you got to take out that whole lineage. Now, that area of Kuakini that should even be disputed that's the oldest documented graveyard for the last 500 years. I have encouraged people that I helped birth; I just did six in just Hawaiian Home Lands. Do not take your excavators down there, it will fall on your children and your children's children and their children. If you understand generational trauma and your cultural reference, you will understand how important and how hard it is already to help Hawaiian families. I just helped up at Pu`uanahulu. The first generations since 1955 be born there. Hanahulu is her name. Our ancestors have never left. Your ancestors now follow me in birth because I'm part of your land now. I have my own bloodlines and I like my own bloodlines. But this issue of going through a wall if not or excavating anything on Alii Drive. Hewa! I feel for the families that sold out, but you guys knew what you were doing too. So, when you look at these practices, it has a deep effect even right now, the effect of our mauna be blasted. Our oceans from Rim Pac coming up from the West Coast, bombing and bombing 3 EXHIBIT D and bombing and stopping a mile outside. Our iwi are out there. The mano is what 250 million years? The "—" 50 million? We've been here as humans a quarter of a million years. They're bombing where they birth. Now I've been sat down on beaches of places like Nawawa by elders. Let me tell you where our ancestors come. I do believe they come from there. I do believe in the kumu Lipo. I sit on that mauna. I will always protect this `aina because it's been asked for me to come here. But I protect worldwide. So that's one issue, is all of that area should be preserved. The other issue is talking about listening to someone say that he sat on the commission. Well, I sat there too, but I didn't get paid. How many years we went to those meetings. I was on the burial and the cultural sites as I usually go for that. How many years did we do that development? We did not agree. To hear someone just come around and say, oh no, no, no, who are you paid by. Were you paid by the mayor? How does someone even get on, on your place? You're appointed by the mayor. So, if you're in my camp saying oh no, cultural practices. You think that they're going to appoint us? Or is this just all for all? Let's just get more and more land. Truth. It all comes out. So, when you look at these issues. When you look at the bombing of that mauna right now. Just look at the schedule they are doing. The airplanes that are flying over. I can call that commander at all times because I too, I'm on the Cultural Advisory for the military. This is not okay. How much more are we going to take? How many more, how much just the sonar all the wars are dependent on these telescopes that's why "—". One of the four places for mobile user objective system. If you think this doesn't all, come together, it is all together. Every time you bomb that mauna, you rape our women. You bomb our ancestors. Your ancestors are now my ancestors. VITOUSEK: That was the six minutes. Would you please summarize. LOPRISSL Yeah. So, what I'm saying is that it needs to stop. All of this violence needs to be replaced with aloha and the deep seven things that aloha means. I just love and I love you. All of it. So, I'm not going to speak on Hawaiian principles because you should know them. If you are sitting on this board, but I can tell you that they're no different than the bloodline I come from. So, I expect if you guys do not vote on the right way just resign. Just resign because it would be easier on any children or anybody in your family. Mahalo for all of you sitting there and for everybody that's testified today. Aloha. VITOUSEK: Mahalo, appreciate it. Next, we have Elizabeth Dunn and we have you down for 5 and 6 as well. DUNN: Yes. VITOUSEK: Would you like the full six minutes? DUNN: Just in case, but I'll do my best to be brief. VITOUSEK: Thank you. 4 EXHIBIT D DUNN: So, good morning and hello, my name is Elizabeth Dunn and I've already written, submitted written comments. So, I'll really try to be brief and summarize those because I'm hearing some other things from the testifiers who are here in-person and who've testified on Zoom. I think one of the big things is this project has been around long enough and it's really not shown to be a viable project. The developers had 9 years on their own and 13 years in total. They've obviously spent a lot of money in their time and hired professionals to get this project through, but it's just not materialized. And I'm going to say this because I thought this was good a good line that I wrote. Lost funding and missed deadlines do not equate to continued extensions for this development proposal. When this project was last at the Planning Commission in April, there was a request for it to go to the Cultural Resources Commission and that happened in June. There were about 15 people who spoke, nobody was in support of the Naniloa proposal and, at the conclusion of that hearing the CRC voted unanimously for additional consultation with lineal and cultural descendants of this Ahupua`a and the neighboring Ahupua`a. So, my big question is how that is being folded into today's meeting because I didn't see anything in the staff report. I wasn't quite sure how they connect. So that's a critically important issue for me, certainly as this project may move forward. I'm going to kind of skip what I wrote, because the rest of it's a little sort of esoteric. I think there's some good ideas here, but you know, one of the big issues I'm hearing is that when land is developed it's you know if there's cultural history it's lost. You can do what you can to preserve it but the whole context is lost. And I think that's a big issue for many people in this room. I'm a new resident of Hawaii, but I certainly understand the issue and I understand the passion and I was hearing a lot of you know what I would say is certain little of a lot of concern from Cindy Freitas . About what happened to her ancestral land and if it's just developed, it's lost. What I would like to say is this that the other thing that a lot of cities and counties are not good at, and what you're seeing here in an ad hoc fashion is civic engagement. I'm a neighbor who's adjacent to this Naniloa project and a potential and another project up to the east of it up mauka. We have created a website and then go and take you know a little proud moment here is kapuonkapu.wixsite.com. That was created to address the Kapu project and we folded in our concerns about Naniloa. I'm also going to do something which I don't normally do, and that is advertise my email address, so if people have any questions or concerns, I can point them there. My name is Elizabeth elizabeth.dunnl35ggmail.com. We will respond to you, and I can certainly have some of the folks who have been involved with our group get in contact with you, if that also helps. The other thing I'm hearing is that there's a fair amount of public distrust in this public process. We've read about corruption by State legislators, local staff it's concerning for multiple reasons. Projects that go on and on and on like this one don't really seem to assist with that constraint about lack of public trust. So, here's the thing that I've been debating about talking about all this morning and I'm going to go ahead and do it. I think, maybe the time is right for a moratorium. Moratorium on development, a moratorium on extensions something to really put the context of what development means on this island into a way that people can understand what's going on. 5 EXHIBIT D The infrastructure isn't there. We do have concerns about water. There's only one wastewater treatment plant on this side of the island. There needs to be a more coordinated effort about how development is going to happen because those are the tangibles. The passion is about changing the land, and I think you can't stress enough there's a huge concern about public trust and corruption. Thank you. VITOUSEK: Thank you. Next, we have Ann Eshabarr. Yes, thank you. ESHABARR: I want to do one more correction is actually the website is kapuonkapukapu.wixsite.com/website. Sorry Elizabeth. Anyway, I don't think I'll be taking the whole six because I timed this at about two fifty. So, if I talk slower, I can use that up though. Okay, so my name Ann Eshabarr and I live in Kailua-Kona. I'm against the development of the lot on Ahupua`a closest to Alii Drive and Naniloa Street. I want to make it clear that my primary reason for testifying is not because it's a case of nimby or not in my backyard. But rather a respect for the `aina and the preservation of a Ahupua`a that is significant to Hawai`i's history. This Ahupua`a contains burial sites, some of which are visible from the edge of the lot. So, my guess is there's many more. It is my feeling that all of the lots in this Ahupua`a should be protected. Because of its historical significance, I have a duty as a human being to protect it. I'm not Hawaiian but I don't have to be Hawaiian to want to protect it and I don't have to live close to it to want to protect it. I could live on the moon, and I would still want to protect it. Every decision we make as human beings should include others and the impact; we have on them. This development is just wrong. Once this aha, excuse me, I knew I'd blow it at one point. Once this Ahupua`a is gone, it's gone. There is no coming back from its destruction. I use Alii Drive frequently and when I pass the lot where they want to build over 60 new homes, I have to shake my head. It's unimaginable. The traffic will be terrible on what's already a dangerous street. It's very narrow and very busy. There are bikers, surfers, walkers, strollers, and joggers in addition to vehicles on this narrow street. I already feel I have to be extra careful on Alii Drive and additional traffic will make it even more dangerous for locals and tourists alike. Other issues that need to be considered are the lack of infrastructure on every level. Included in this are water, roads, electricity, sewage, and run off pollution to name a few. Our ocean health is at stake if this development goes through. Kahalu'u Bay may be in danger. Probably will be in danger. I am aware of the housing crisis in Hawaii but, this development is not the answer. These homes will not be considered affordable so it's not helping the crisis. We literally live on a big island so let's build elsewhere and focus on affordable housing. We have to respect the `aina. We have to move carefully and thoughtfully to do what is right for Hawaii island. I also understand Hawaii Onel Investors, LLC let a permit expire in 2019. What is the definition of expire? Cease to be valid typically after a fixed period of time, come to an end. So, they're done. Their permit expired. 6 EXHIBIT D Lastly, we need to stop corruption. We need to hold audits and pay closer attention. The people of Hawaii deserve better. Aloha is a way of life, and we should all be practicing it. When people don't, we need to hold those people accountable. Thank you for your time. VITOUSEK: Mahalo. Thank you. And then, I guess, now, if it's possible we can circle back to the McMichael's see if they've worked out AV issues. HATA: Yes, it seems like they have. We have Paula or Simmy McMichael and Lokelani McMichael raising their hand here. Lokelani, would you like to go first? She will be testifying on Items 5 and 6. VITOUSEK: We can't hear. HATA: Sorry Lokelani, we cannot hear you. You might have to change your audio settings. VITOUSEK: Simmy, can you try to talk and see if we can hear you. P. MCMICHAEL: Aloha. VITOUSEK: Oh, we can hear. HATA: Yes, we can hear you. VITOUSEK: Now you are on mute though. You can unmute and try again. Okay. P. MCMICHAEL: Aloha. COMMISSIONERS: Aloha. P. MCMICHAEL: Yes, okay. Aloha Commissioners, my name is Simmy McMichael "—"born in the territory of Hawaii. I reside in Kahalu'u, Kailua-Kona and I oppose Item 5 and 6. I would like to also oppose Daryn Arai as a conflict of interest. Back in 2018 he was with Planning, and I had been going back and forth communicating with them on this particular project, specifically the sewage and the desecration of the Great Wall of Kuakini. He was employed via our tax dollars and is now hired by the developer as a private consultant. CRC's meetings several members disclose their possible conflict of interest, including Ken Van Bergen. He stated that he was with Kenoi's administration. Question! Does he have to do with anything with this project and, if so, recuse for conflict of interest also. I further reserve the right, if necessary, to contest for an appeal if needs to be in the future. In the last hearing of April 21, 2022, Daryn stated that the affordable housing was satisfied via the credits, specifically West View Development. July 15, 2022, West Hawaii front page former employee Alan Rudo charged in taking nearly $2 million in affordable housing selling the credits and land they receive. Federal prosecutor is seeking forfeiture of numerous properties. Environment Hawaii disclosed mentioned that West View was working with Hawaii Onel Investors. Which is providing the much-needed funding for the housing credits. West View's 7 EXHIBIT D ultimately unsuccessful efforts to transfer the credits to Hawaii Onel and other entities are discussed elsewhere in this issue. Perhaps this question be addressed to Mr. Mansi at this hearing as it now appears that affordable housing credits are not satisfied. Since the approval of 2014, the developer stated that they lost funding to meet the final deadline of 2019. This being a reason for an extension? Interesting. Real property tax records "—" made a huge purchase on June 29, 2018 of$1.86 million. This was for the front lot number 001. What's odd is Hawaii Two, LLC is the mortgager. Ka`upulehu Land, LLC is the prior owner is the mortgagee. The amount was for $1.395 million and that was dated July 11, 2018. Background report encountered loss of funding near the end of 2019. Perhaps this question be addressed to Mr. Mansi. Alan Haun at the CRC stated that data recovery was completed but not reviewed and finalized with SHPD for this project. As my ancestors are buried here, I object to all data recovery, and they need to be preserved. Cultural landscape is a natural resource. Keep agriculture, agriculture. I look forward for a field trip on this Lot 121 as well as 001. So, July 21, 2016 we had Royal Alii at Lymans and July 21, 2016 Planning Director Duane Kanuha under oath Alii Drive was not designed to support the expected traffic load of all the entitled projects and that may come online saying at some point, take a hard look at the alternative would be necessary. And the necessary is we don't have the infrastructure not for all these developments. Look what's happening down the road. Look at all the iwi's coming up "—" 18. You know these are all your data recovery. And now you got Stanford Carr and where's our road. Look at the waves. This was a big wave. The last one you approved that bed and breakfast. We had big waves back then. Back in the early days, the big wave took every piece of wood on that property. We saved the parrot. That they don't tell you and the house next door, the whole pool was taken. And these houses all along Alii Drive, Kahalu`u. They have these metal shutters that they pull down because when the big waves come, they go over the house. So, if we have a tsunami, they also say that Alii Drive may not be accessible for us. And what gets me is that they don't, you're going to put a siren here, but you don't even put it for the last two tsunami. I saw a surfer going to the beach, I was pulling weeds on Alii Drive then the next thing you know he comes back, and I said what happened? He said, the beach is close. I said why? Oh,possible tsunami. How dare the County play God? You know I would want to get out of the nest. The last big tsunami, it took 10 minutes to get up to Kam III Road and there was a traffic accident. It took 45 minutes back to get to Kahalu`u. and then it went to a dead stop. And then, Royal Poinciana. No one, all my friends couldn't get out of there, so I went to the Traffic Department, and said what happened? Was it, was it the "—" of Kuakini Highway to the cops said to get out she wrote get out of your car and start running. — VITOUSEK: Um' that's been six minutes. P. MCMICHAEL: —This is a panic situation. It is so scary, and you have all the kids at Kahakai. — 8 EXHIBIT D VITOUSEK: Simmy? P. MICHAEL: Where do you bus them out in five minutes. Five minutes people! Itis so scary and look at the waves this week. Going onto Hulihe`e Palace. — VITOUSEK: So, we are going to ask you to summarize. Can you hear me? P. MICHAEL: —when do you think Alii Drive was "—". Okay, and also, they said that they dedicated these 3 parks, 3-acre parks. That land belongs to the County of Hawaii. They were supposed to grade it and they ran out of money. I say all the infrastructure for final should be done. There's no promises from these people. And if they said they had over 500 projects. Let's see the projects and if they had no projects from 2013 when they acquired the property, I might believe them. HATA: Hi, sorry Simmy. Could you please summarize your thoughts. Thank you. P. MICHAEL: Okay, my final thought is this too much pilikia. Please just say no. Leave our kupuna iwi's to rest and save our lives and my mo`opuna and all this generation of surfing, because this is our wahi pana. Alii Drive is for the royalty. It's for surfing. There's several royal centers. Let's protect it for the future generation. [spoke in Hawaiian language - inaudible]. Mahalo, please. VITOUSEK: Mahalo. Loke is your microphone working now? No. P. MCMICHAEL: Loke,jump online, Loke. Loke, try jump online. Loke? VITOUSEK: She's coming. L. MCMICHAEL: Aloha. KANUHA: Aloha. L. MCMICHAEL: Can you hear me? VITOUSEK: Yes. L. MCMICHAEL: Can you hear me? VITOUSEK: Yes, we can. L. MCMICHAEL: Okay, I'll start. My name is Lokelani Kuulei Makamae McMichael. I'm a "—" and reside in Kailua-Kona. I oppose Hawaii Onel Investors both items on the agenda 5 and 6. The SMA Minor Permit No. 18-000393, the lot for access of Alii Drive it pertained to this project and specifically spells it out. The last hearing, there was a discussion on why this was not included to lot number 121. Saying is as part of the pending SUB 17-001732 to Change of Zone Ordinance No. 09 008 and PUD 15-000032 noted of condition of approval for all 9 EXHIBIT D construction activity related to this project description should be completed within two years from the date of this permit. This being said, July 12, 2018 is now expired. The value back then was only $440,000 and not in excess of$500,000. A new application would have to be applied, and with the prices of all construction labor and material it should be at$500,000 and would have to be brought to the SMA as a major and the Leeward Planning and County Council would have to approve this permit. And the public would object to the desecration of a national register site, the Great Wall of Kuakini. The lower northwest of the property is included in the Royal Center of National Historic Registry per Matt Clark, archaeologist, and CRC this should be included. The testimony from to Theresa K. Dunham of SHPD dated April 10, 2017, this is of the adjacent lot next door number 004, which is all preservation of two national register districts and a national register site. These cultural resources have been determined significant under all possible criteria. We have manicured so much of the Hawaiian people's past in Hawaii so much that it is hardly visible. No longer something to be proud of to learn from. When are we going to let the true cultural landscapes that the Hawaiians perfected be expressed and celebrated? When considering new construction in this area, especially, scale and density should reflect the landscape. Not take it over. Okay, thank you. Mahalo. VITOUSEK: Mahalo. The testimony ended at 11:09 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 10 EXHIBIT D