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HomeMy WebLinkAbout2022-10-20 Leeward Exh C (Public Testimony re Item 4 Council Bill 194 & Director's SMA Report ) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I TESTIMONY TRANSCRIPT OCTOBER 20, 2022 Public testimony of Simmy McMichael via Zoom regarding the COUNTY COUNCIL INITIATED BILL NO. 194 and PLANNING DIRECTOR'S REPORT ON SMA was heard at 9:37 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Clement"CJ" Kanuha III, and Mahina Paishon-Duarte ABSENT AND EXCUSED: Michael Dela Cruz and Zaheva Knowles ALSO PRESENT: Keyra Wong, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Jessica Andrews (Planner), Clinton Mercado (Planner), Janice Hata(Zoom host), and Noriko Sauer (Commission Secretary) INITIATOR: COUNTY COUNCIL (BILL NO. 194) (PL-CCI-2022-000002) An Ordinance amending Chapter 25, Article 2, Division 4, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to conditions on change of zone actions. The purpose of this amendment is to clarify that the Planning Director may not extend the time allowed to satisfy conditions within a change of zone ordinance unless specifically authorized by the County Council. PLANNING DIRECTOR'S REPORT Report on Special Management Area(SMA) determinations and minor permits issued by the Planning Director. MCMICHAEL: Can you hear me? VITOUSEK: Yes. MCMICHAEL: Hey! VITOUSEK: Right on. So,— MCMICHAEL: Okay. VITOUSEK: —would you please raise your right hand and I'll swear you in. MCMICHEAL: Okay, aloha. Yeah, got it. 1 EXHIBIT C VITOUSEK: Do you swear or affirm to tell the truth on the matter before the Planning Commission? MCMICHAEL: Yes. VITOUSEK: Mahalo. Please proceed with your testimony. MCMICHAEL: Okay. Aloha Commissioners. My name is Simmy McMichael, Kailua-Kona and I would like to support Bill 194 and it should be transparency. I hope you read my testimony, my written testimony. I could not cram it in for three (3) minutes so, it's very detailed and we need to not have the Planning Director make these approvals or unexpired and go back to the County Council for the approval with public knowledge. So, I would also like to comment on the agenda referring to the Planning Director's Report on the Special Management SMA determination and minor permits issued by the Planning Director. My concern is a development it's within 300 feet of my property. It's in the National Historic Registry of Kahalu`u. The valuation is $715,242.00 and this is in a Special Management Area (SMA). Applied was January 31, 2022, issued building permit June 16, 2022. Four and a half months that's all it took. No grubbing and grading permit was issued or required. How come? Inadvertent finds was the natural spring water and caves were discovered while bulldozing. No reporting, no stopping, why? This permit because it's over $500,000.00 shouldn't it have been required to an SMA Major permit? Shouldn't this have gone to the Leeward Planning Commission for the final decision? Shouldn't there have been a public notice? Why was this submitted only as a residential new construction instead of an SMA and then accepted? This is in the Kahalu`u Ahupua`a, TMK is (3) 7-8-14:19. The parcel composed of 2 individual land commission awards 5687 to Kuaana and 5687B Kaukihilani is situated at the northern edge of the Kahalu`u Historic District SHPD Site number 4150. Which is listed in the National Register of Historic Places. The project also falls within the coastal zone of the Kona Field System SHPD's Site number 6601. Which is also been determined eligible for listing in the National Register of Historic Places. I need to um' play this tape for you. VITOUSEK: Um' Simmy we just want to let you know that we can't see you. MCMICHAEL: You can hear, hold on. VITOUSEK: We can see something, kind of a shadow but we can't see you. MCMICHAEL: [A recording begins to play] Listen. [You don't know why I'm calling. The reason why I'm calling is that you are getting in the way of a good friend of mine developing property next to the "—"and the Reef building. This was the best solution to our mutual problem of development behind our properties. I don't know why you are causing such a stink in this, but this was the best solution to have him build 2 beautiful homes on those 2 wonderful lots and you're trying to mess with it. You need to really back off"—"happen because it's going to happen regardless and I'm going to help him do it. You're not making anybody happy. You got 2 EXHIBIT C my number Simmy, call me and I'll explain in more detail why need to step aside on this.] So, that's the end of my testimony and it should be transparent. This is Sunshine Law and do what's pono. Go through the Commission, you the Leeward Planning Commission so everybody has an input on it, and I shouldn't be targeted. Mahalo. VITOUSEK: Mahalo. The hearing ended at 9:43 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 3 EXHIBIT C