Loading...
HomeMy WebLinkAboutCommunication No. 2024-25 Written Testimony Rec. 2024-07-21 by Cheryl Tanguay County of Hawai‘i KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaiʻi 96720 (808) 961-8288 • Fax (808) 961-8742 www.planning.hawaiicounty.gov Hawai`i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov Mitchell D. Roth Mayor John Pelletier Gary Jaster Heather Korotie Vacant Charles Young, Chair Nancy Pisicchio, Vice-Chair Vacant David Huerta Roselyn Molina NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN of the following matters to be considered by the Kona Community Development Plan (CDP) Action Committee in accordance with the provisions of Section 92-7, Hawaiʻi Revised Statutes (HRS). This meeting will be held in-person at the location listed in this notice and by Interactive Conference Technology (ICT) through Zoom. DATE: Tuesday, July 23, 2024 TIME: 2:30 P.M. IN PERSON LOCATION: West Hawaiʻi Civic Center, B2 Conference Room 74-5044 Ane Keohokālole Hwy Kailua-Kona, HI 96740 ONLINE/ZOOM: https://www.zoomgov.com/meeting/register/vJIscu2hrjotGF0AZBJuHgS2EbysoEkDpeQ NOTICE REGARDING PUBLIC TESTIMONY: The public may provide oral testimony at the meeting by joining Zoom or attending in-person at the physical location listed above. Although not required, to register in advance for oral testimony please contact staff at cdp@hawaiicounty.gov or (808) 961-8288. Pursuant to Section 92-3, HRS, interested persons who want to provide oral testimony may do so either at the time the committee takes public statements on the agenda, or at the time the specific agenda item is called. Please note that public testimony may be limited to three (3) minutes in length per agenda item. In addition, although not required, to ensure timely delivery of written testimony to committee members, it is requested that written testimony be submitted by 4:30 p.m. at least two business days prior to the meeting via email to cdp@hawaiicounty.gov. When submitting written testimony, please specify for which agenda item written testimony is being submitted. All written testimony will be a part of the public record. NOTICE REGARDING INTERACTIVE CONFERENCE TECHNOLOGY (ICT): A meeting held by ICT shall be automatically recessed for up to 30 minutes to restore communication when audiovisual communication cannot be maintained with all members participating in the meeting or with the in-person location identified in this notice. The meeting may reconvene when either audiovisual communication is restored, or audio-only communication is established after an unsuccessful attempt to restore audiovisual communication. If it is not possible to reconvene the meeting as provided in this subsection within 30 minutes after an interruption to communication, the meeting will be automatically terminated. Page 2 www.planning.hawaiicounty.gov Hawai`i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov AGENDA I. CALL TO ORDER & ROLL CALL II. APPROVAL OF THE MINUTES: The Action Committee will consider approving the draft minutes for the Kona CDP Action Committee Meeting on May 21, 2024, and June 25, 2024. III. PUBLIC TESTIMONY ON AGENDA ITEMS: The public may provide verbal testimony at the meeting by joining the Zoom meeting or attending in-person. Please register to testify by contacting cdp@hawaiicounty.gov. Comments may be made either during the public comment portion of the agenda or just prior to the relevant business item. With discretion of the Chair of the CDP Action Committee, comments may be limited to three (3) minutes in length per agenda item. Written testimony may be submitted via email at cdp@hawaiicounty.gov or in person at the Hilo or Kona Planning Department, up to two (2) business days prior to this meeting (see the Notice Section below). IV. BUSINESS: 1. Submitted letter to County Council – Discussion of submitted letter regarding the Kona Three, LLC Rezone Application (PL-REZ-2022-000033). 2. Inquiries to Department of Parks and Recreation – Discussion and potential decision making regarding Old Airport District Park, Kealakehe Regional Park, and Nāpoʻopoʻo Park. 3. Vote for a Permitted Interaction Group – Discussion and decision making on whether to form a Permitted Interaction Group regarding a County Council Election Candidate Forum. 4. Tree City USA – Discussion and decision making if the Committee is interested in researching how the County of Hawaiʻi could attain the Tree City USA designation from The Arbor Day Foundation. V. AGENDA FOR NEXT MEETING: Action Committee members will discuss potential agenda items for the next meeting. VI. ANNOUNCEMENTS: • The Planning Department is currently seeking applicants for the Kona Action Committee and is requesting assistance to get the word out to interested community members. The application can be found on the Mayor’s office website at: https://www.hawaiicounty.gov/our-county/boards-commissions-application • The Department of Environmental Management has begun the process to Draft an Integrated Wastewater Management Plan. A recording of the first round of public meetings can be found here: https://www.youtube.com/watch?v=DmR2EgTRQVI • Hawaiʻi Electric Public Safety Power Shutoffs Information and How to Prepare: https://records.hawaiicounty.gov/WebLink/1/edoc/135908/202406_PSPS_Resources_Pr esentation.pdf VII. ADJOURNMENT Page 3 www.planning.hawaiicounty.gov Hawai`i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov This agenda and all related documents are available in the Planning Department’s Kona Community Development Plan Action Committee folder via the County of Hawaiʻi Public Documents Repository: hhttps://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=9059&row=1&cr=1. These documents may also be requested from the Planning Department by calling (808) 961-8288 or emailing cdp@hawaiicounty.gov. NOTICE: The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above items. A person desiring to submit oral or written testimony shall indicate their name and whether the testimony is on their behalf or as a representative of an organization or individual. Written testimony can be submitted via email or hard copy. Hard copies should include an original and nine copies and be submitted no later than 4:30pm two business days prior to the meeting. Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting please contact the Planning Department at (808) 961-8288 or cdp@hawaiicounty.gov as soon as possible, but no later than five business days prior to the meeting date, to arrange for accommodations. If a response is received after the five-business days deadline, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. “Other reasonable modification” refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a lobbyist. (Article 15, Section 2-91.3(b), Hawai‘i County Code). A lobbyist means, “any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials.” (Article 15, Section 2-91.3(a)(6), Hawai‘i County Code). Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 25 Aupuni Street, Hilo, Hawai‘i 96720. KONA CDP ACTION COMMITTEE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE COUNTY OF HAWAIʻI FINAL MINUTES June 25, 2024 CALL TO ORDER Chair Young called the Kona Community Development Plan (CDP) Action Committee (AC) meeting to order at 12:16 p.m. A quorum was established with five members in attendance. This meeting was held in person at the West Hawai’i Civic Center, C1 Conference Room and online via the Zoom platform. The full YouTube video of this meeting can be found here: https://www.youtube.com/watch?v=UClLuig8INM&t=3s ROLL CALL Members Present (in person): Charles Young (Chair), Nancy Pisicchio (Vice-Chair), John Pelletier, and Heather Korotie. Members Present (via Zoom): David Huerta Members Absent: Gary Jaster, and Roselyn Molina. County Staff Present (in person): Maryam Palma, Jessica Lahip and Kawelo Kalili. County Staff Present (via Zoom): Deputy Corporation Council Jean Campbell There were approximately 20 members of the public in attendance (10 in person and 10 via Zoom). Vice Chair Pisicchio motioned to move Business Item #2 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) to the top of the agenda. Motion seconded by Committee member John Pelletier. All in favor, aye. [SEE YOUTUBE TIMESTAMP 5:10] Committee Member Pelletier motioned to move the approval of minutes section to the end of the agenda. Seconded by Committee Member Korotie. All in favor, aye. [SEE YOUTUBE TIMESTAMP 5:50] BUSINESS KONA CDP ACTION COMMITTEE Minutes of June 25, 2024 2 1. Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) – Discussion and decision making on whether the Action Committee will provide testimony to County Council. Nancy describes how Permitted Interaction Groups can be utilized within the AC for members to work together outside of the monthly AC meetings. [SEE YOUTUBE TIME STAMP 7:00] This item was called to order at 12:23 p.m. Vice Chair Pisicchio explains her rationale for adding this item to the agenda [SEE YOUTUBE TIME STAMP 7:20] Janet Medlock provided testimony regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033). [SEE YOUTUBE TIME STAMP 12:15] Diane Blancett Madlock provided testimony regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIME STAMP 10:35] David Blancett Madlock provided testimony regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIME STAMP 20:12] Councilwoman Rebecca Villegas provided testimony regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIME STAMP 25:28] Chair Young allowed the committee to ask questions after Councilwoman Villegas provided testimony. Committee member Pelletier asked Councilwoman Villegas to elaborate on the history of Kona Vistas and how it relates to the Kona Three LLC proposed development. Councilwoman Villegas stated that neither project is suitable with the cultural resources in the region. Chair Young asked about the timeline for testimony to County Council. Councilwoman Villegas stated that the next meeting will be on July 10, 2024, at the Hilo Chambers. [SEE YOUTUBE TIMESTAMP 32:45] Attorney Michael Matsukawa provided testimony on behalf of himself regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIMESTAMP 39:25] Attorney Michael Matsukawa provided testimony on behalf of Kona Three LLC regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIMESTAMP 43:00] KONA CDP ACTION COMMITTEE Minutes of June 25, 2024 3 The committee deliberated on their procedures for scheduling business items and drafting a letter to the Council, informed by their fact-finding in the CDP with Attorney Michael Matsukawa [SEE YOUTUBE TIME STAMP 45:33] Elizabeth Dunn provided testimony regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIMESTAMP 51:00] Keola Childs provided testimony regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIMESTAMP 57:11] Janice Palma – Glennie provided testimony regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIMESTAMP 59:27] Sue Aronson provided testimony regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIMESTAMP 1:02:40] Committee Member Pelletier, Councilwoman Villegas and Community Member Keola Childs spoke on the floodplains located in and around the subject Kona Three LLC development site [SEE YOUTUBE TIME STAMP 1:05:55] Committee member Nancy Pisicchio stated that an amendment to the County Code was made to allow all multi-family condominiums to be utilized as vacation rentals. Discussion proceeded with Community Member Elizabeth Dunn [SEE YOUTUBE TIME STAMP 1:10:55] Joel Gimpel provided testimony via Zoom regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIME STAMP 1:13:44] Councilwoman Villegas shared a recommendation letter from DLNR Nā Ala Hele Hawaiʻi Trail & Access System with Chair Young [SEE YOUTUBE TIME STAMP 1:16:30] Lamakū Mikihala Roy provided testimony regarding Item #1 Testimony to County Council regarding the Kona Three, LLC Rezone Application (PLREZ-2022-000033) [SEE YOUTUBE TIME STAMP 1:17:35] Janice Palma-Glennie suggests that the Action Committee invite developers with proposed projects to their meetings for public review before making any decisions [SEE YOUTUBE TIME STAMP 1:25:00] KONA CDP ACTION COMMITTEE Minutes of June 25, 2024 4 Chair Yo ung opened discussion for decision making regarding providing testimony. The committee discussed how best to provide testimony to County Council [SEE YOUTUBE TIME STAMP 1:26:36] Deputy Corporation Council Jean Campbell highlighted that the committee's intent in drafting a letter to the Council is to assess whether the proposed project aligns with the Kona CDP. Chair Young affirmed that the committee should assess and incorporate public testimony and input from other departments that uphold the goals and policies of the Kona CDP. Discussion proceeded between a Chair Young and a community member regarding incorporating specific points in the letter. The committee continued to brainstorm the content and format of the letter [SEE YOUTUBE TIME STAMP 1:35:02] Committee Member Korotie motioned for the Kona CDP Action Committee to send a letter to the Council opposing the Kona Three LLC development. The letter will highlight concerns regarding cultural resources, concurrency, and floodplains as mentioned in the Kona CDP. Committee Member Pelletier seconded the motion. Following discussions with CDP Planner and Corporation Council on the submission process, the committee authorized Vice Chair Pisicchio to draft the letter. Planning will accompany this with a cover letter and finalize the draft, after which Chair Young will sign it. The finalized letter will be submitted to the Council by Planning on behalf of the Kona CDP Action Committee. The motion passed unanimously [SEE YOUTUBE TIME STAMP 1:41:51] Committee member Korotie motioned for Chair Young to read the letter on behalf of the Kona CDP AC to the County Council on July 10, 2024, with Committee member Heather Korotie as his alternate. Seconded by Vice Chair Pisicchio. The motion passed unanimously [SEE YOUTUBE TIME STAMP 1:51:03] Chair Young closed Business Item #1 and discussed the next AC meeting, tentatively scheduled for July 23, 2024 [SEE YOUTUBE TIME STAMP 1:52:03] This item was closed at 2:08 p.m. Committee member Pelletier motioned to continue agenda items and approval of the minutes to the next meeting. Seconded by Vice Chair Pisicchio. The motion passed unanimously [SEE YOUTUBE TIME STAMP 1:54:23] ADJOURNMENT The meeting was adjourned at 2:10 p.m. These minutes and all related documents are available in the Planning Department’s Kona Community Development Plan Action Committee folder via the County of Hawaiʻi Public Documents Repository. These documents may also be requested from the Planning Department by calling (808) 961-8288 or emailing cdp@hawaiicounty.gov. Date: July 2, 2024 Heather Kimball, Council Chair and Members of the County Council County of Hawai'i 25 Aupuni Street Hilo, HI 96720 Subject: Bill 169, Amendments to Change of Zone Ordinance No. 02 131 (PL-REZ-2022-000033) Applicant: Kona Three, LLC TMK: (3) 7-6-021: 016 and 017, North Kona, Hawaii Dear Chair Kimball and Council Members: On June 25, 2024, the Kona Community Development Plan's Action Committee held its monthly meeting. Under consideration was Agenda Item #2: Testimony to County Council regarding the Kona Three LLC Rezone Application -Discussion and decision-making on whether the Action Committee will provide testimony to County Council. Following a two-hour discussion, including public testimony, the Action Committee approved the motion to provide testimony to the Hawai' i County Council regarding the Kona Three LLC application's inconsistencies with the goals adopted within the Kona CDP Ordinance. Regarding Cultural Resources, the Kona CDP Action Committee supports the recommendations from the Cultural Resources Commission in their letter to the Leeward Planning Commission dated July 17, 2023 (see letter excerpt attached). The Committee found that the Kona Three LLC application does not reflect the goals adopted within the Kona CDP Ordinance, specifically the following: I.Transportation: "Objective TRAN-6 Concurrency. To manage the timing of growthso as to avoid overloading the arterial system." The Action Committee believes theKona Three LLC application conflicts with the Kona CDP's Concurrency Objective. TheCDP anticipates a balance between development growth and regional infrastructureimprovements. New development accessing Queen Ka'ahumanu Highway, especially inthat vicinity, may further overload the arterial system and compromise the safety andquality of life for Kona residents.2.Environmental Resources: "Objective ENV-1: Managing Impacts. The Kona CDPAction Committee is concerned that the Kona Three, LLC application does notadequately address the potential impacts of flood corridors that may affect adjacentproperties. In addition, the AC suggests that the County provide consideration to thefollowing Kona CDP Policy recommendation:Communication 2024-23 From:Heather Korotie To:Messina, Maurice Cc:John P; Planning CDP; Komata, James; jean.campbell@hawaiicounty.gov Subject:Request for Presentation and Discussion about Old Airport District Park and Kealakehe Regional Park: Kona CDPAC Date:Thursday, June 6, 2024 7:18:54 AM ʻAnoʻai kākou Director Messina, The Kona CDP Action Committee is following up on priorities in the Kona CDP based on community input and wewould like to extend a warm invitation to come and share the current status, priorities, plans and issues for the parksystem and specifically Old Airport District Park and Kealakehe Regional Park in an upcoming meeting, either inJune or July. We've outlined a series of questions that would be ideal to be considered and addressed in the updateto the Kona CDP AC. Can you let us know what your thoughts are on coming to an upcoming meeting for anupdate and conversation? Here are some questions we have addressing and evaluating the needs/deficiencies in the Park System (PUB-6.2a): 1. What specific needs, deficiencies or shortcomings have been identified within the current park systems inour community?2. Have there been any recent assessments or studies conducted to evaluate the extent and impact of thesedeficiencies on community members and park users?3. Are there any prioritization criteria or strategies in place to guide decision-making regarding the allocationof resources for addressing park system deficiencies?4. How are community input and feedback being incorporated into the process of identifying and addressingdeficiencies in the park system? Is this something the Kona CDP AC can help with?5.Are there any partnerships or collaborations with other agencies, organizations, or stakeholders aimed ataddressing deficiencies in the park system more effectively?6.What role can residents and community groups play in supporting efforts to address deficiencies in the parksystem and improve overall park quality? Would an adopt-a-park program be beneficial?7.Overall, is there anything the Kona CDP AC can help with? Status of the Master Plan for the Expansion and Improvement of the Old Airport as a District Park (PUB-6.2b): 1.What is the current status of the master plan for the expansion and improvement of the old airport into adistrict park?2. How has the community been involved in the planning process for the park expansion, and whatopportunities will there be for ongoing community input and feedback? Is this something the Kona CDP ACcan assist with?3. What is the anticipated timeline for the implementation of the master plan, including key milestones andphases of development?4. What funding sources are being considered or secured for the implementation of the park expansionproject?5. Is there anything the Kona CDP AC can help with? Status of Kealakehe Regional Park (PUB-6.2d): 1. What is the status of any EIS updates or preparations for Kealakehe Regional Park?2. What is the source of the specific condition that indicates the use of R-1 water for the park?3. Over the years funds have been allocated for the park. What is the current status of the park's funding? Ke aloha nō, Heather Korotie, Kona CDP Action Committee Member John Pelletier, Kona CDP Action Committee Member On behalf of the Kona CDP Action Committee Communication No. 2024-18 1 Lahip, Jessica From:Cheryl Tanguay Sent:Sunday, July 21, 2024 7:07 PM To:Planning CDP Subject:Fwd: Testimony for the Revised Community Development Plan Follow Up Flag:Follow up Flag Status:Flagged Commissioners and all participants on the Action Committee of the Revised Community Development Plan for Kona: I participated as a Community Representative on the Action Committee of the KCDP, hoping that with our recently acquired knowledge regarding a 70-ish acre parcel, mauka of Queen K and slated for dense development of 450 housing units could be instructive to the CDP for thoughts during future permitting of similar projects. The referenced 70 Acre site was the remainder of a 3 tiered plan of Kona Vistas, of which the first 2 sections were built between the early nineties and nearly yesterday, with that 3rd section undeveloped AG land, steeply sloped and bisected by 2 major drainage ways off Hualalai (which have contributed to flooding on Kuakini near the dental offices.) The parcel remained in Ag use long after the original owner transferred the 70 acres at a pittance in 2016, long after the previous owner’s development window had expired. The land should have reverted to AG status. The new owner, represented by Zendo Kern, presented his plan for 450 mixed use units, complete with 2 swimming pools in a gated segment of the property. The thought of 900+ additional vehicles crossing via Lako into Kuakini and Queen K traffic at least twice daily was enough to spur us into action and we soon discovered many of the existing conditions that the KCDRevised Plan lists in 4.3.1 and in Managing Our Impacts: Flood Insurance: The 2 streams and their confluence are fully on the property as illustrated on FEMA maps of flood zones. Trails: 2 Ancient Hawaiian Trails cross the property. Additionally, there are numerous archeological artifacts, including parallel rock walls, petroglyphs, a sugar cane railroad trestle remnant and we transcribed several native oral histories of using the trails. The information gathered was so persuasive that PONC selected the site for purchase as a future mauka open space that would truly give “sense of place” to future generations, if the developer would sell. The 70 Acre site aligns with the Holualoa Inn which has long preserved a holua segment and displays a papa holua, the sled used to ride the holua, that was found on the Inn’s property. I’m told there had been a heiau in Holualoa near the Post Office location and beyond the makai end of the surmised holua was the restored Heiau at the Kuakini/Queen K merge. Oral histories hold that this ahupua’a had belonged to Queen Liliuokalani among others of royal lineage. The I’o ground nests are here. Hoary bats and great moths are here. Communication No. 2024-25 2 We’ve often been on water use advisories and this spring we’ve experienced “rolling blackouts” to deal with greater electricity demands than the available supply, especially during cloudy stretches. So much for infrastructure! When Kona3LLC applied for final approval on an extension of the development in 2019, Harry Kim warned that the KDCP Revision might make any extension moot. Kona3LLC is not likely to be the actual builder but instead gathering all the permits they can in order to garner a higher market price. 2 requests were made of the developer by the Leeward LUC in Dec 2022 before they voted to submit the development to the Cultural Resources Commission for input,1) Redraw the plat respecting all the trails and artifacts as well as 2) Perform the study to determine at what price is market-value housing: to my knowledge, they have done neither. And, the Cultural Resources Commission returned the opinion that “the site should remain undeveloped in perpetuity.” as it contains irreplaceable history and artifacts. Recently the LLUC gave the project renewal an unfavorable vote. Is it possible for the Action Committee to also report out that this is an obvious case of wrong place, ever? Who will call an end to the continued push by the developers of this poorly conceived project to subvert every County commitees' decisions? How does this comply with the Revised CDP? Respectfully submitted, Cheryl Tanguay Kona Vistas -- Cheryl Tanguay