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Home My WebLink AboutPL-REZ-2022-000017 D. KAMAKA TESTIMONY 11.14.2022Araujo, Jaclyn From: Duke Kamaka <dukekamaka@gmail.com> Sent: Monday, November 14, 2022 4:00 PM To: LPCtestimony Subject: Oppose Item #2, Applicant: Shawn Maile Nakoa, Esq. (PL-REZ-2022-000017) Attachments: Ka Mo'okuauhau 'o Lunalilo_Keakealaniwahine(2).pdf Aloha Planning Commission, thank you for your time, I Duke Kaliko Kamaka, oppose this application for the following reason(s): No Signage 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. Reauested Septic Svstems. 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 6o-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 io, for a variety of reasons that usually are rotely 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. It would seem that if standard language can be changed from "Planning Director," to "Deputy Planning Director," — in acknowledgement of the conflict of interest with the current Director's former firm being this applicant's representative — then surely the language on extensions can be removed. Genealogy /Mookuauhau With that said this aina or land is Grant 03019 to Kaaipulu wahine, Kapalaaea 2 Ahupuaa, District of North Kona, Island of Hawaii, Vol. 14, pps. 93-94 [LG Reel 5, ooi69-00170.tif]. As a Kanaka Maoli we have VESTED rights in lands (not just to harvest La'i or 'ti-leaf) we have the ultimate rights on these lands. Once again I oppose item #2 listed above. My lineage dates back to Pili Kae Kae, AM Ai Moku Ekahi, 1120-1125 circa. I have attached my Mookuauhau (lineage) hand written by my tutu kane kua kahi Jacob Palakiko Kamaka-Kama (my great grandfather) left in our possession. [typed in english for all to understand]. Duke Kaliko Kamaka Ahupuaa Makauala 73-1119 Hoopai Road Kailua-Kona, HI 96740 Any questions or concerns you can reach me here. Mahalo, Duke Kaliko Kamaka `O Wau `o Duke Kaliko Kamaka No Kealakekua wau, Noho wau i Makaula, Moku o Kona, Mokupuni o Hawaii, Ko Hawai`i Pae `Aina- Kanaka Maoli, Aloha `Aina. Ka Mo`okuauhau `o Lunalilo o Pili Kae kae Alii Aimoku o Hawaii `ekahi (1125ca) 28th great grandfather o Liloa AIR Aimoku o Hawaii `umikumalua (1465ca, with whom we treat) 17th great grandfather `o Keakealaniwahine ke kupuna hine kua `IWA (1640ca) 9th great grandmother `o Kanaloa-i-Kaiwilena(lewa)-Kapulehu ke kupuna kane kua `IWA Hanau `o Keawe-ikekahi-ali`i-okamoku II he kane `o Keawe-ikekahi-ali`i-okamoku II ke kupuna kane kua `WALU a `o Kalani-Kau-Leleiaiwi ke kupuna hine kua `WALU Hanau `o Kalani-Kama-Ke`eaumokunui he kane `o Kalani-Kama-Ke`eaumokunui ke kupuna kane kua `HIKU a `o Kamakaimoku ke kupuna hine kua `HIKU Hanau `o Keoua-Kalanikupua-pa-i-kalaninui Ahilapalapa* he kane `o Keoua-Kalanaikupua-pa-i-kalaninui Ahilapalapa ke kupuna kane kua `ONO a `o Kamaka`eheikuli ke kupuna hine kua `ONO HANAU `o Kala`imamahu he kane `o Kala`imamahu ke kupuna kane kua `LIMA a `o `Akolea ke kupuna hine kua `LIMA HANAU `o Keaweopala he kane `o Keaweopala ke kupuna kane kua `HA a `o Kumakaia ke kupuna hine kua `HA HANAU `o Kaono Kalanikupua Kaono he kane `o Kaono Kalanikupua Kaono ke kupuna kane kua `KOLU a `o Kaelemakule ke kupuna hine kua `KOLU HANAU `o Kaiokalani Kalanikupua Kaono he wahine `o Kaiokalani Kalanikupua Kaono ke kupuna hine kua `LUA a `o Samuel Kamaka Kama ke kupuna kane kua `LUA HANAU `o Jacob Palakiko Kamaka Kama he kane `O Wau `o Duke Kaliko Kamaka No Kealakekua wau, Noho wau i Makaula, Moku o Kona, Mokupuni o Hawaii, KO Hawai`i Pae `Aina- Kanaka Maoli, Aloha `Aina. Ka MO okuauhau `o Lunalilo `o Jacob Palakiko Kamaka ke kupuna kane kua `KAHI a `o Lahapa Kalua Pimoe Makahi ke kupuna hine kua `KAHI HANAU `o Frank Oniula Kamaka he kane o Frank Oniula Kamaka ke kupuna kane a o Mary Luka Kapua Kauhaihao Kamaka ke kupuna hine HANAU `o Rodney Kaukuna Kamaka he kane `o Rodney Kaukuna Kamaka ka makuakane a `o Naomi Ka`ahaolelo Unea Kamaka ka makuahine HANAU `o Duke Kaliko Kamaka he kane! `O Wau `o Duke Kaliko Kamaka No Kealakekua wau, Noho wau i Makaula, Moku o Kona, Mokupuni o Hawai`i, KO Hawai`i Pae `Aina, Kanaka Maoli, Aloha `Aina, Hawaiian Subject, a me Manahine `o Tiffany Kamaka, na kama Alii `o Isaiah Kalikomaikalani Kamaka, `o Taimane Ku`ulei Aloha Kamaka, `o Micah Micham, `o Jarrett Kalei Kamaka, `o Kirra Ka`iulani Kamaka, `o `Olena Kamaka, `o Liho Kamaka. I