HomeMy WebLinkAbout2024-06-17 E. Kalani Flores July 17, 2024
TO: Leeward Planning Commission - County of Hawaii
LPCtestimony@hawaiicounty.gov
FR: E. Kalani Flores
PO Box 6918, Kamuela, HI 96743
08ef80@gmail.com
RE: June 20, 2024 Meeting-Agenda Items:
1. Applicant: Kaupulehu Land LLC (PL-SLU-2022-000008)
2. Applicant: Kaupulehu Land LLC (PL-REZ-2022-000039)
Aloha e Commissioners,
As a Waimea resident located just a few blocks from the proposed project, I including all
our household family members, adamantly OPPOSE this project and call upon the LPC to
REJECT these applications again for rezoning and state land use amendment for the 64-983
Mamalahoa Hwy. property for all the reasons stated in my written and oral testimony
presented at the LPC June 15 and July 20, 2023 meetings and including the following
reasons:
Overwhelming OPPOSITION to this project
The LPC should seriously consider all the testimony from previous meetings including the
overwhelming OPPOSITION to this project from over 1700 submittals, mostly from
Hawaii Island, including over 700 residents from Waimea and the surrounding
communities of Waikoloa and Honoka`a opposing this detrimental project. In addition,
since last year's LPC meetings,the developer has failed to make any changes to their
plans to address community concerns and has avoided meeting with the Waimea
community to discuss the known issues.
A clear example of spot zoning and urban sprawl
This proposed speculation project is a clear example of spot zoning and urban sprawl by
rezoning this prime parcel of agricultural land that is surrounded by other adjacent
residential and agricultural properties. The proposed commercial development is
excessively huge with a 3-building, 2-story complex and is NOT compatible with this part of
Waimea. Directly adjacent to said property on the west are the historic Parker Ranch
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employees homes and on the east are the historic home of the Kawano family. Directly
across the street are newer residential homes.
The scale and size of this proposed commercial development is too large, similar to a `strip
mall' and NOT compatible for this area. Likewise, it would degrade the "rural, ranching
character" of Waimea.Also,there aren't any two-story commercial structures in this area.
Most of the commercial properties in this part of Waimea are one-story historic buildings
(ie. The Fish &The Hog and other tenants - former Fukushima Store, Earl's and other
tenants). Furthermore,the applicant has NOT demonstrated a need for additional
commercial and retail space for Waimea as there are a number of existing vacant retail
properties in Waimea.
In addition,the applicant is requesting a rezoning from A-5a to RS-0.5 that according to the
Planning Director,the proposed "Rural SLU classification is rare on Hawaii Island."This
is another example of spot zoning and urban sprawl on prime ag land as this type of RS
zoning doesn't presently exist on the south-side of the highway in the area where the
property is situated. Since this is a speculation project,these parcels would NOT be in the
affordable price range for local residents to purchase.
NOT in compliance with the Hawaii County General Plan (2005)
This proposed project fails to protect significant Agriculture lands by rezoning them and
fails to preserve the rural, ranching character of Waimea as stipulated in the General Plan.
2.4.6.2 South Kohala - Courses ofAction
(a)Assist in the development of agriculture by protecting important agricultural land
from urbanization, providing or having provided the necessary capital improvements,
such as water, and working cooperatively with the agricultural sector and government.
(e) Encourage the preservation of the rural, ranching character within the town of
Waimea.
Likewise,this proposed project is NOT consistent with the General Plan goals and policies
that pertain to Agriculture.
14.2.2 Agriculture- Goals
(a)Identify, protect and maintain important agriculture lands on the island of Hawaii.
(b)Preserve the agricultural character of the island.
(c) Preserve and enhance opportunities for the expansion of Hawaii's Agricultural
Industry.
14.2.3 Agriculture-Policies
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(i) Designate, protect and maintain important agricultural lands from urban
encroachment.
(j)Ensure that development of important agricultural land be primarily for agricultural
use.
14.2.4.5.2 South Kohala - Courses ofAction
(a)Protect important agricultural lands from urban encroachment.
(b)Encourage buffer zones or compatible uses between important agricultural land and
adjacent uses of land.
In addition,this proposed project is NOT consistent with the General Plan goals and
policies that pertain to commercial development. This speculation project has failed to
demonstrate the need for additional retail space in Waimea with many existing vacant retail
properties in Waimea.Also, this project would severely impact the traffic and create further
congestion in this particular area.
14.3.2 Commercial Development- Goals
(b)Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
14.3.3 Commercial Development-Policies
(c) Distribution of commercial areas shall meet the demands of neighborhood, community
and regional needs.
14.3.5.6.2 Courses ofAction
(b)Establish controls to insure orderly development and minimize speculation of
commercially zoned lands.
NOT consistent with the South Kohala CDP (2008)
This proposed project fails to meet the guidelines and policies set forth for the Waimea
Town as stipulated in the South Kohala CDP. Instead,this project would remove prime
agricultural lands and push unsightly commercial development further east of the Waimea
Town center.
4.2 WAIMEA TOMORROW. WAIMEA CONCEPTUAL PLAN&POLICIES PURPOSE: This
Waimea Town Conceptual Plan presents in graphic and narrative form general guidelines
for the long-range-20+year look-ahead-future of Waimea Town. During the course of
the Community Readiness Process and Waimea Focus Group meetings,five main concerns
were consistently voiced:
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• Preserving Waimea's "sense of place"
• Moderating the pace ofgrowth and change in Waimea
• Wise management of natural resources and important agricultural lands
• Development of affordable housing
• Timely construction of transportation and circulation improve
POLICY NO. 2 "RESPONSIBLE GROWTH":MODERATE THE PACE OF GROWTH AND
CHANGE IN WAIMEA
Strate y 2.1 The County should carefully evaluate and condition, as appropriate, any
rezoning that would negatively impact important agricultural lands or culturally, visually
and environmentally important open spaces or resources in Waimea -- Time will be needed
to implement a number of important open space preservation tools and programs,
including acquisition of fee interest or conservation easements for important pu'u and
some of the East Waimea farm and ranch lots. While these tools and programs are being
put into place, private lands that are currently zoned A-5a,A-1 Oa,A-20a, orA-40a should
retain their current zoning. Exceptions can be made for affordable housing, agricultural
cluster subdivisions, and small-scale rezonings of 4 lots or less that may assist families in
allowing their children to obtain individual properties.
Would adversely increase traffic congestion near this area
This proposed project site would only be accessible from the main Mamalahoa Highway
amongst the surrounding residential homes and commercial properties which are already
difficult to navigate as the highway starts to narrow near here when driving west into
Waimea Town.
Would adversely increase property taxes for residents in this area
This proposed residential development which is being built for the high-end market and
not for the affordable range and would only increase the property taxes for local residents
such as us in this area.
Solely for speculation purposes
In 2002,the County Council repealed the previous commercial zoning for a portion of the
property with Ordinance No. 02-107 due to noncompliance of conditions and reverted it
back to Agriculture (A-5a). This original commercial zoning was done in 1993 with
Ordinance No. 93-6. However,the proposed applications for this property would be
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inconsistent with the updated 2005 General Plan and are purely for speculation purposes
at this time.
Procedural Errors
It is believed that the actions that occurred at the end of June 15, 2023 meeting of the LPC
were improper and in violation of regulations and procedural due process for this
commission. The afore-mentioned agenda items were voted upon and both motions failed.
Then at the end of the second agenda item vote, a staff member informed the
commissioners that there was a "no decision because both motions failed"and then
recommended that this matter be deferred. It's contended that the staff member gave an
improper interpretation of the County Code and inappropriate advice to the commissioners
to "defer the hearing to see if votes change at next hearing." In addition,the staff
member implied that the commissioners were required to defer this hearing without
providing any other options such as no further action. This resulted in the approval of a
motion to defer this matter to the next meeting.' However, it's contended that a motion to
defer this matter is out of order and that such a motion should have occurred prior to
voting and that voting should have also been deferred. It appears that no further action or a
motion to reconsider or for continuance should have occurred on this matter since the
commission already voted on these agenda items which resulted in a no decision and an
unfavorable recommendation. There's a public perception that proper procedures weren't
followed in this matter.
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