HomeMy WebLinkAboutPL-CCI-2022-000002 S. MCMICHAEL TESTIMONY 10.18.2022Araujo, Jaclyn
From: Simmy <simmy808@gmail.com>
Sent: Tuesday, October 18, 2022 7:25 AM
To: LPCtestimony
Subject: Fwd: Support Bill 194 Item #4
Aloha Commissioners,
My name is Simmy McMichael, Kanaka Ma'oli, born in the Territory of Hawai'i.
Mahalo for this Bill 194, to not allow the Planning Director/ Dept extend expired permits.
We the public need transparency especially the permits date back as far as 2004, 2008.
There were conditions to Special Management Area (SMA) use permits.
Based on Chapter 205A HRS and Special Management Area Rules and Regulations of the
County of Hawaii, is to preserve, protect, and where possible, to restore the natural
resources of the coastal zone areas.
Therefore, special controls on development within an SMA area are
necessary to avoid permanent loss of valuable resources.
Special Management Area must also consider the cumulative impacts of such development.
Development will not substantially affect nearby residents.
Conditions to the "Kahului to Keauhou Parkway" was stated in the SMA use permit.
Based on this never completed, there is substantial adverse impacts on the surrounding area,
and therefore contrary to the objectives and policies of Chapter 205A, HRS, relating to Coastal
Zone Management and Rule No. 9 of the Planning Commision relating to the Special Management
Area, Final Subdivision approval shall be secured within five (5) years from the effective date of
the permit.
Non performance, bottom line, Should any of the conditions not be met or substantially complied
with in a timely fashion, the Planning Director may initiate procedures to revoke the permit.
The Kahului to Keauhou Parkway Project, which would have created a limited access located
mauka of Aii'i Drive has been for a long time delayed by litigation. Kuakini Highway was expected to
begin in the 2011 fiscal year. Four lanes of the Kuakini Highway another 1.5 miles south from
Hualalai Road to an intersection with the proposed Kahului to Keauhou Parkway, increasing the
capacity of an important alternate to Ali'i Drive. Lako Street, mauka makai connector, delayed
by Burials, Buffer,and Cave.
With the Royal Ali'i project 19 units of 2008 and Ali'i Palms now called the Cottage of 58 units of 2004.
Various Conditions from these approvals were cited in parts of the original permit, SPECIFICALLY
KAHULUI TO KEAUHOU PARKWAY.
The following mitigation measure were required as a condition of Special Management Area, and
will be undertaken as part of the project.
"IT SHOULD BE NOTED THAT NOTWITHSTANDING THE COUNTY APPROVAL WITH CONDITIONS,
THAT RESULTED FROM THE SMA PROCESS, THE POLICE DEPARTMENT RECOMMENDED IN
RESPONSE TO EARLY CONSULTATION ON THE EA AGAINST ANY FUTHER DEVELOPMENT ON
ALIT DRIVE UNTIL THE KAHALUUI TO KEAUHOU PARKWAY HAS BEEN COMPLETED AND IS OPEN
FOR TRAFFIC."
Noted by letter, February 18, 2009. No final approved for recordation shall be granted until all the
above conditions have been met.
Land shall not be offered for sale, lease, or rent until final approval for recordation of the subdivision
is granted by the Planning Director or the proposed subdivision has been issued a preliminary order
of registration by the Department of Commerce and Consumer Affairs (DCCA) in accordance of
Chapter 484, Hawaii Revised Statutes ( HRS).
Also noted by acting Deputy Planning Director, BJ Leithead Todd, on Feb. 18, 2009.
Please be aware that if any time during the fulfillment of the foregoing conditions, should concerns
emerge such as environmental or other problems which were earlier overlooked or not anticipated/
accounted for in data/ reports available to date, this could be sufficient cause to immediately cease and
desist from further activities on the proposed subdivision, pending resolution of the problems.
Kailua Kona fast growing, North Kona District is the center of the visitor industry and real estate development
that power the economy of the island. There are many public and private project being planned at any given
time, the details of which often change daily in response to market conditions and the regulatory process.
Kona cannot handle anymore developments!!!
We need to Cease and Desist, Fix the problem, not Add to the problem.
Please Malama Aina especially in the "SPECIAL MANAGEMENT AREA OF ALIT DRIVE"
MINOR SMA PERMT work within the SMA that is "considered development" as defined in the SMA rules
with a total valuation up to $500,000.00
MAJOR SMA PERMIT work within the SMA that is "considered development" as defined in the SMA rules
with a total valuation over $500,000.00 / trigger Hawaii Revised Statutes Chapter 343-5 Environmental Impact
Statement.
Mahalo,
Simmy McMichael
President of West Hawaii Surfing Association, since 1986