HomeMy WebLinkAbout2024-03-06 Letter to 'Iewe Hanau O Ka 'Aina (PL-CCH-2024-024) Acknow Petition for Standing Mitchell D. Roth .ur k� i Zendo Kern
Mayor Director
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Deanna S. Sako Jeffrey W. Darrow
Managing Director --ow Deputy Director
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West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
March 06, 2024
`Iewe Hanau o Ka `Aina
c/o David Kimo Frankel
1638-A Mikahala Way
Honolulu, HI 96816
VIA EMAIL: davidkimofrankel@gmail.com
Dear Mr. Frankel:
Special Management Area Use Permit Application (PL-SMA-2023-000046)
Applicant: Black Sand Beach LLC
Request: Development of a Residential and Commercial Community Consisting of
Approximately 225 Residential and Short Stay Units,Village and Wellness Center,
Retail Uses,Rehabilitation of Golf Courses, and Dedication of a Portion of
Coastline as a Conservation Area
Subject: Acknowledge Receipt of Petition for Standing in a Contested Case Hearing
(PL-CCH-2024-000024)
TMKs: (3) 9-5-019:011, 015, 024, 026, 030, 031, 033, 035; 9-6-001:001-003, 006, 011-013;
9-6-002:008, 037, 038, 041, and 053, Ka`u, Hawaii
This is to acknowledge receipt of your Petition for Standing in a Contested Case Hearing filed in the
EPIC system on Tuesday, March 5, 2024, with the petition fee paid on that date. Staff notes that the
official contested case petition form was not submitted with your request and the submitted petition was
not notarized. Your petition will be forwarded to the Windward Planning Commission for its
consideration at its meeting scheduled on Thursday, March 7,2024, at the Hawaii County Council
Chambers in Hilo, 25 Aupuni Street, Hilo, HI 96720, starting at 9:00 a.m. Your presence will be
required at this hearing to respond to questions that the Planning Commission may have regarding the
Petition for Standing.
Please refer to Planning Commission Rules of Practice and Procedure, Rule 4 (Contested Case Hearing
Procedure) for information about the contested case process. The rules can be found on the Planning
Department website at: https://www.planning.hawaiicouniy.gov/about-us/boards-committees/planning_-
commission-applications
www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer plannin co.hawaii.hi.us
`Iewe Hanau o Ka `Aina
c/o David Kimo Frankel
March 06, 2024
Page 2
If you have any questions, please feel free to contact Maija Jackson of this office via email at
maija.iacksonghawaiicoun ov or(808) 961-8159.
Sincerely,
Mar,/'a'Zacksoll
Maija Jackson for(Mar 6,20241007 HST)
ZENDO KERN
Planning Director
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\\COHO1\planning\public\wpwin60\PC\letters\2024\LFrankel SMA23-46-AckPetContestedCase.docx
cc w/copy of petition: Windward Planning Commission via e-mail
Suzanna L. Tiapula, Esq., Deputy Corporation Counsel via e-mail
Jean Campbell, Esq., Deputy Corporation Counsel via email
Daryn Arai, Land Use Planning Consultant via e-mail
PETITION FOR STANDING IN A CONTESTED CASE HEARING
(Page 1 of 2)
NAME: `Iewe Hanau o Ka `Aina
ADDRESS: c/o its attorney,
David Kimo Frankel 1638-A Mikahala Way Honolulu, HI 96816
PHONE NO.: (808) 345-5451
APPLICANT/
DOCKET NO.: Black Sand Beach LLC (PL-SMA-2023-000046)
Item 3 on the March 7, 2024 agenda
A. Is your interest in this matter clearly distinguishable from that of the general public?
Please see attached.
B. Are you a government agency whose jurisdiction includes the land involved in the
subject request?
No
C. Do you lawfully reside on or have some property interest in the land involved in the
subject request?
Please see attached
D. Are you a person or persons descended from native Hawaiians who inhabited the
Hawaiian Islands prior to 1778, who practiced those rights which were customarily and
traditionally exercised for subsistence, cultural, or religious purposes?
Please see attached
Relying upon the posted agenda for the March 7, 2024 meeting', and having difficulty finding an
attorney, `Iewe Hanau o Ka `Aina did not file its petition for a contested case hearing earlier.
`Iewe Hanau o Ka `Aina is an unincorporated hui of Ka'u residents who desire to protect the
cultural practices, natural resources, and stunning beauty of Punalu`u. The protection of iwi and
honu are of great importance. Members of`Iewe Hanau o Ka `Aina walk along the Punalu`u
coastline, swim at Punalu`u Beach, observe marine life, provide stewardship of the land, work to
protect the honu that live in the area, gather marine life, participate in cultural protocol, and
respect the burials in the area. `Iewe Hanau o Ka `Aina includes Native Hawaiians with deep
cultural connections to Punalu`u. The interests of`Iewe Hanau o Ka `Aina and its members
would be adversely affected by the proposed project in numerous ways.
The phrase"clearly distinguishable from that of the general public" has been misinterpreted by
generations of lawyers. No one needs to establish the uniqueness of their injury. Rather, all that
needs to be shown is that `Iewe Hanau o Ka `Aina and its members would be adversely affected
by the proposed project.
In 2006, the draft environmental impact statement for development of this land stated, "The
onsite wastewater treatment plant is deteriorated and does not have sufficient capacity to serve
the new load." (Page 1-15). "The Wastewater system is also old and obsolete. The technology is
outdated. New development will require a significant upgrade or a replacement of the entire
system and a requirement to meet newer, more stringent wastewater standards." (Page 3-2).
Increasing the density in the area will tax the obsolete wastewater treatment plant and jeopardize
the coastal water quality that members of`Iewe Hanau o Ka `Aina enjoy.
Burials are still found through out the property. The restaurant was built on top of burials. On
January 21, 1988 Sam Kaluna and Chris Bengay identified burials under existing structures at
Sea Mountain (page XII-153 of the 1988 FEIS). The development threatens further desecration
of burials. The threat to burials is a very real threat to members of`Iewe Hanau o Ka `Aina.
Not only would `Iewe Hanau o Ka `Aina and its members be adversely affected by the proposed
project, but they enjoy a constitutional right to a contested case hearing. Their constitutionally-
protected cultural practices would be jeopardized. Moreover, they have a right to a clean and
healthful environment, as defined by HRS chapters 205A, 343 and 226. See Kahoma Ahupua`a
Assn v. Maui Planning Comm'n, 149 Hawaii 304, 489 P.3d 408 (2021). These are property
intereests.
' The agenda states "any person seeking to intervene as a party to a contested case hearing on
Agenda Item No. 2 above is required to file a written request which must be received by the
office of the Planning Department no later than seven (7) days prior to the Planning
Commission's first public meeting on the matter." The agenda suggests that the deadline does
not apply to Agenda Item No. 3.
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