HomeMy WebLinkAboutPL-REZ-2022-000017 T. HOLDERREAD TESTIMONY 11.14.2022Araujo, Jaclyn
From: Theresa Holderread <tholderread@hotmail.com>
Sent: Monday, November 14, 2022 11:01 AM
To: LPCtestimony
Subject: Oppose Item #2, Applicant: Shawn Maile Nakoa, Esq. (PL-REZ-2002-000017), TMK: (3)
7-7-008:062
Attachments: Planning Commission Application Oposition.docx
Letter is attached regarding opposition to the application noted for Thursday November 17 meeting at 9:30a.
Theresa Holderread
77-163 Hooilina Ct
Kailua Kona, HI
TO: LPCtestimony@hawaiicounty.gov
FROM: Theresa Holderread
SUBJECT: Oppose Item #2, Applicant: Shawn Maile Nakoa, Esq. (PL-REZ-2002-000017), TMK: (3)
Planning Commission,
Thank you for taking the time to read my opposition to this application for the following
reasons:
No SianaRe 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 do not intend to (pay to) connect to the
municipal wastewater system. Since developments in this area already are connected to
municipal wastewater this development should be required to do the same.
Endangered Flora / Fauna Not Surveved
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... "
Professional surveys should be required, and, 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, the applicant secured a teleconference between the applicant, 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. I believe surveys, such as this, should be required
before subdividing/work begins in a development
A transcript of this teleconference meeting, mentioned above, was not provided in the
application documentation, nor was the promised map from a reported 10/28/22 survey.
Subdivision of Land
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.
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. 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/Deputy Director. Keeping the SMA as in the original application allows
more transparency and a chance for the public to weigh in/be kept informed.
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. The property owner should,
at the very least, explain the reasoning for the easement.
Five Years Extension Language Included, Again
The Planning Director's Recommendation includes language to potentially extend the
application approval from 5 years to 10, for a variety of reasons.
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.
Mahalo,
T&Jiz M Ys.UVVtez d,
Theresa Holderread
77-163 Hooilina Ct
Kailua Kona, HI 96740