HomeMy WebLinkAboutPL-REZ-2022-000017 A. SPIELMAN TESTIMONY 11.13.2022Araujo, Jaclyn
From: Aaron Spielman <aaron@naneastudios.com>
Sent: Sunday, November 13, 2022 8:23 AM
To: LPCtestimony
Subject: Re: Oppose Item #2, Applicant: Shawn Maile Nakoa, Esq. (PL-REZ-2002-000017), TMK:
(3) 7-7-008:062
Aloha Leeward Planning Commission,
Thank you for your time reviewing this testimony.
I was born and raised in South Kona and currently live and work in Waimea. For the last 40 plus years I can
remember seeing and hearing about the desecration of our lands by overeager developers who do not want
to follow the laws/protocols of Hawaii. Enough is enough. No more development without proper
infrastructure for those that live and work here full time. Proper infrastructure must be island wide, not only
in isolated areas that are detached from end -users. This subdivision will not solve the housing crises on this
island. Further development of lands within the SMA is a losing proposition and will ultimately lead to Hawaii
Island losing its special character and qualities.
I oppose this application for the following reason(s):
No SiRnaae Notification.
The application for this subdivision, submitted by Land Planning Hawaii (LPH), stated they would post a sign
regarding the rezone application at the property's entrance. There is NO visible signage at the entrance to the
property at Pomaikai Street or Kuakini Highway.
Requested Septic Systems, NOT Available Municipal Wastewater Connection.
LPH's application initially stated that the subdivided properties' wastewater would be treated via "Individual
Wastewater Systems," i.e., they did not intend to (pay to) connect to the municipal wastewater system.
Water Allotment Application Based on Old Records.
LPH initially submitted proof of available water based on a letter to a Realtor for a different subdivision
application from 2010. This has since been corrected by the Dept. of Water Supply and they have paid a
deposit for two additional 'units,' good until 2025. This was sloppy, and created more work for the Planning
Dept. and Dept. of Water Supply.
Endangered Flora / Fauna Not Surveyed.
The application states, "Although there were no professional surveys conducted... the applicant does not
believe that rare or endangered floral or fauna resources are likely to be found within the subject site... "
"Does not believe?" In fact, each of the species named, Hawaiian Hawk (I'o), Hawaiian Owl (Pueo), and
Hawaiian Hoary Bat have all been observed hunting on and around this property and the surrounding areas.
Avoidance of an Updated and Accurate Archeological Survey
The application initially submitted an archeological survey from 1987 for this acreage. DLNR / SHPD requested
additional information, and a back -and -forth ensued.
Then in late October 2022, after the applicant somehow secured a teleconference between the applicant and
the applicant's attorney, SHPD, and the Deputy Planning Director — even though SHPD noted that there was
likelihood of previously undocumented historic sites and there has been recent bulldozing that impacted burial
plots — SHPD agreed to give permission for archeological surveys to be conducted after subdividing.
WHY? We don't really know. A transcript of this teleconference meeting was not provided in the application
documentation, nor was the promised map from a reported 10/28/22 survey.
It appears that even though the applicant had specifically agreed in the Court decision to "front" the costs
associated with subdividing, they now want to avoid paying. It also appears that the Court's recommendation
on subdividing the parcel between the owners as the easiest solution was implied by LPH to be "Court -
ordered."
In fact, and as noted in the Court document, the Court can only recommend, not require or "order," a zoning
change.
Request to Avoid Department of Transportation (DOT) Safety Standards.
The DOT specifically requested that the applicant only access the property from Pomaikai Street, not Kuakini
Highway, for safety reasons.
LPH continues to push for Kuakini Highway access, stating, "As the lot layout has not been finalized, the
applicant wishes to retain the possibility of access to Kuakini Highway by one resulting lot if required by other
factors.
There are two concerns here. The first, obviously, is public safety.
The second is that LPH also represents out-of-state landowners who have applied to build a cul-de-sac
subdivision off Kapukapu Street. LPH has already stated in writing that they have contacted owners of the
parcels between the Kapukapu property and Kuakini Highway to explore options to access the site.
Special Management Area (SMA) Application Deferral.
The application states they want to apply for a "minor" SMA for each of the subdivided parcels AFTER a
rezoning. Why? A "major" SMA requires more extensive public notice, signage, and hearing at the Leeward
Planning Commission. An after -the -fact "minor" SMA, requires only the approval of the Planning Director (or
should it be the Deputy Director, in this case?).
Necessity of 60-foot easement?
The proposed subdivision map indicates a large historical easement adjacent to the northern ahupua'a
boundary. The benefit of this large easement to the property owner, with the exception of access for
additional developments makai, is unclear.
Five Years Extension Language Included, Again.
The Planning Director's Recommendation again includes language to potentially extend the application
approval from 5 years to 10, for a variety of reasons that usually are approved.
This follows the letter but not the intent of Bill 194, introduced by Councilperson Inaba and approved by both
Planning Commissions. The intent was to stop having projects go dormant and be revived years later. All this
language does is bypass the Planning Commission directly to the Council — which may have the unintended
consequence of removing, not adding, oversight and public input.
The current Planning Director's former firm is this applicant's representative. This appears to be a conflict of
interest and should be resolved in a transparent fashion.
Mahalo,
Aaron J. Spielman, AIA, NCARB, NFPA
Principal Architect
Nanea Studios Inc.
PO Box 437301
Kamuela, HI 96743
v. (808) 238-0346
e. aaron@naneastudios.com
www.naneastudios.com