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HomeMy WebLinkAbout2016-03-17 Leeward Exh C (Public Testimony on SMA 16-063) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT MARCH 17, 2016 SIMMY MCMICHAEL The following is public testimony provided by regarding the application OCEAN VILLAS AT KAHALUU BAY, LLC (SMA 16-063) of ‘ at 9:58 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chairman Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Thomas Whittemore, Collin Kaholo, Sonny Shimaoka and Keith Unger ABSENT AND EXCUSED: Scott Church and Barbara Nobriga ALSO PRESENT: Danny Patel (Counsel for the Commission), Duane Kanuha, (Planning Director), Jeff Darrow (Planner), Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer (Commission Secretary) And approximately 14 people from the public in attendance. APPLICANT: OCEAN VILLAS AT KAHALUU BAY, LLC (SMA 16-063) ‘ Request for a Special Management Area (SMA) Use Permit to allow for the development of a 306-unit multiple family residential project and its related improvements including, but not limited to, internal utilities and driveways, landscaping, recreational amenities such as swimming pools, and off-site infrastructural improvements such as sewer system improvements within Ali‘i Drive and an emergency access/driveway improvements within the proposed Kahului-Keauhou Parkway right-of-way. The affected properties, consisting of approximately 42.551 acres, are located along the mauka (east) side of Ali‘i Drive and Kahalu‘u Bay, approximately 1,375 feet north of the Ali‘i Drive-Makolea Street intersection in Kahalu‘u, North Kona, Hawai‘i, TMK: 7-8-010:004 and 7-8-014:013. BEAUDET: As I had mentioned earlier in the opening, the application of Ocean Villas at Kahalu‘u has been deferred. But if there is anyone in the audience who wishes to testify, please come forward. Good morning. MCMICHAEL: Good morning. BEAUDET: I’m thinking that you are Simmy McMichael? MCMICHAEL: Yes. BEAUDET: Okay, thank you. Please raise your right hand. Do you swear now and before the Leeward Planning Commission to tell the truth on this matter? 1 EXHIBIT C MCMICHAEL: Yes. BEAUDET: Thank you. If you could introduce yourself first. Speak clearly into the mike for recording purposes. MCMICHAEL: Simmy McMichael. BEAUDET: Thank you. If you wish to proceed with your testimony. MCMICHAEL: This meeting was rescheduled, and I want to contest the hearing, and when I called Planning to file, to get instructions exactly how to do it because I’ve never done it, I was told that it’s been rescheduled. I said I didn’t get a notice. He said, oh, you’ll get one soon. And I said, well, the filing fee is 100 dollars? He said no, it’s 200. I said, well, my notice says it’s 100 dollars and I just called Planning in Kealakekua and they verified it was 100. He said no, now it’s 200. So yesterday I emailed Jeff because I had problems, the file is all in Hilo, and he basically said and verified that I need to correspond in letter. I said, seriously do you mean letter like I have to mail it? Yes, so we can be clear. I don’t think that this is fair that everything is held in Hilo when the project is in Kailua-Kona and I can’t ask questions and send attachments and get a response. I mean I, I, we should be hands-on to this. This is serious for me. I am an owner there. I’m part of it. So I just think that this is not good, and I think the people need to be addressed to this. It makes it, and then this, this, I don’t understand the process, so where, people didn’t know about this hearing until I made it clear that please come and support. And so it’s all confusing because I had told them it was today, which people rescheduled work, cancelled airline flight, and a lot of people didn’t get the notice, and they are all confused. And it confused me, too, because basically I was showing up here to sample a hearing, because I talked to Elizabeth Gillis here and said, do you have any kind of meeting that I can come to so I can get heads-up on this matter? She said that it was today, that there was going to be the hearing but not for this agenda, it’s for all other things. So this is like a surprise for me that it’s on the agenda still. When I was clarified by Planning in Kona that it wasn’t on the agenda, so this is all taken me by surprise. And I don’t think it’s fair — BEAUDET: Mrs. McMichael — MCMICHAEL: Yes. BEAUDET: — we understand your concern, and at times the process of these applications can be a bit confusing. But it’s not the Commission’s place to determine if the application is going to be deferred to a future date; it’s up to the applicant. So the applicant made the request. And it’s also not a Commission matter on dealing with the process; it’s an administrative matter. So we hear your concern, and so does the administrative arm of the Planning Department, but it’s a departmental issue; it’s not a Commission issue. MCMICHAEL: Okay. BEAUDET: We just get told what’s on the agenda and we deal with that when we show up for the meeting. Yes, I wish it wasn’t deferred because we all went through the material and we took 2 EXHIBIT C our personal time to review all of that. But it is what it is. So, staff, if you, maybe you can meet with Mrs. McMichael after the hearing and explain, or give her better understanding of the process and where she can go to get information on what’s been agendized or what’s upcoming, and then how to process through a petition for standing, you know, just provide her with the assistance. Thank you. SHIMAOKA: Mr. Chair, I just had a question, just for my own clarification. Does the applicant call the Planning Department to either cancel or confirm that they are going to be here? BEAUDET: Yes. SHIMAOKA: Okay. BEAUDET: Mrs. McMichael, do you have any further discussion? MCMICHAEL: I guess, should I read everything that I was going to do? I mean, I’m here. BEAUDET: Yeah, I mean, now is the time to testify, so if you wish to testify for the record, then now is your time. MCMICHAEL: Okay. Okay. Here is a short summary of why it should not be built. No respect. The chiefs should be left rest in peace. Building concrete condos without full archaeological survey. Documentary research of 1929 to 1930, Ahupua‘a of Kahalu‘u probably had the greatest number of archaeology sites to be found anywhere on the island. Kahalu‘u Ahupua‘a has legendary association with chiefly Kamehameha I and III, occupation estimated to date from early A.D. 1600’s. The dense concentration of heiau and large elite residence in and around coastal Kahalu‘u are attributed to the presence of various ruling chiefs. A number of ali‘i are associated historically and lived in the Kahalu‘u area. Kalani‘ōpu‘u, ruler 1760 to 1782, lived in the region of Kahalu‘u and Keauhou. Kamehameha I and his retinue stayed periods of them at Kahalu‘u and repaired several area heiau. Ke‘eaumoku Pāpa‘iahiahi was awarded Kahalu‘u and Keauhou after Kamehameha I united the Hawaiian Islands. His daughter Queen Ka‘ahumanu and his son Governor John Adams Ki‘iapalaoku Kuakini were born in Kahalu‘u. Kauikeaouli Kamehameha III was born in Kahalu‘u. King David Kalākaua had a residence along Po‘o Hawai‘i Pond. Kahalu‘u Ahupua‘a was granted to Victoria Kamāmalu during the Mahele as Land Commission Award 7713:6, Royal Patent 6856. LCA 7713 was 5,443 acres. This parcel is within Kahalu‘u Historic District. The land owner is KIC, Kamehameha Investment Corporation. The survey was done 2004, received by DLNR October 25, 2010. There was delayed review by the DLNR, February 24, 2012. Limited testing, noted by DLNR, because the report had significantly passed the allotted review period, we will not request any revision to draft. This plan meets the requirement of HAR 13-278-3 and accepted by SHPD. Portions of the many sites are obscured by dense vegetation, and several features were only partially mapped because dense vegetation covered an obscure potential lava tube entrance and ubiquitous mounds and modified outcrops were not identified. These conditions indicate that potential to encounter undocumented features is high within the parcel inland of the Kuakini Wall. Several features were interpreted as historic and some sites contain traditional Hawaiian features that are continued to be used in the historic 3 EXHIBIT C period. Historic, early historic artifacts can be anticipated. Portable remains will be collected and placed in paper bags. Recovered charcoal samples will be deposited in aluminum foil for analysis. Another major factor on why this project is in the wrong place is congestion. Their study showed years ago Kahalu‘u has 1,000 to 1,200 people visit the park daily. The original plans were to use the Kahalu‘u-to-Keauhou Parkway, formerly Ali‘i Highway. There is no current indication that construction is foreseeable future, so they plan to use La‘aloa as emergency access route. Study of the traffic situation was done on September 7, 2012. This is the deadest time of the season. And they admitted it was done when school was in session and tourist visitation was not at its peak. The traffic count is significantly lower than those performed in 2005. It is not likely that the traffic volume along Ali‘i will continue to decrease between 2012 and 2017; therefore, a realistic growth rate cannot be estimated from historical traffic data. A review of population forecast for North Kona, especially because Ali‘i Driveway is now the new highway connected to Hokuli‘a Bypass, since the new highway was never built, Hokuli‘a Bypass is now called Ali‘i Drive. They are relying on Keauhou Parkway right-of-way to relieve traffic on Ali‘i Drive, and are required, sorry, not required for any signalization or turning lanes at project driveway, although during the high season traffic becomes congested and turning movements into any driveway or street further delays traffic. The entry is via one driveway through a vacant lot; with no three-way stop sign or turning lane, this will be congested. Also, the driveway will be built where the Kuakini Wall was broken. Parking is scarce at Kahalu‘u Beach already. I was told in writing most would almost walk than drive to the park even though the proposed residential structures is 15 feet above sea level with the great majority at 30 feet in elevation or higher like 80 feet. I can’t see the majority wanting to hike back from the beach with all the gears, surf boards and standup surf boards on a hot and sunny day, especially elderly, mothers and babies. Tsunami can happen at any time, and we would have only minutes to head up to the hills. I said it can travel miles inland with regards to what happened at Fukushima, Japan. I was told they disagree, as no current scenario of sea level rise for the next 50 years is expected to have any effect on the project site. If the sea level rises 15 feet, the effects to the access for the proposed condo project would be the least worries for the Big Island and the State and the world, although residents would be obliged to leave the area during evacuation. La‘aloa Avenue via Keauhou Parkway, Ali‘i Highway — BEAUDET: Excuse me — MCMICHAEL: Yes? BEAUDET: — Mrs. McMichael. MCMICHAEL: Yes. BEAUDET: It’s wonderful testimony, but if you could summarize, you know, your concerns thus far has been primarily with traffic congestion, traffic flow and pedestrian safety, but if you could summarize instead of read, and emphasize your support or non-support of this application, we would appreciate that. Thank you. 4 EXHIBIT C MCMICHAEL: Okay, I only got one more page. PATEL: If I can — BEAUDET: But if you could — PATEL: Sorry, Mr. Chair, if I can just add, too. You can submit your written testimony to the Department as well. MCMICHAEL: Okay. How about contesting the hearing? BEAUDET: That as well. MCMICHAEL: Okay. BEAUDET: You can apply for that with the administrative \[sic\]. MCMICHAEL: Okay, all right. I just think that basically you should do a thorough study before giving the green light. This project isn’t going to get going for a while, the traffic is already building, there are more people moving to Kona, and that should be all considered. And you can’t use historical data here. It’s not safe for everyone. BEAUDET: Thank you. MCMICHAEL: Okay. BEAUDET: Appreciate that. If there is any other member of the audience who wishes to testify, please come forward. If no, I would like to close this portion of the public testimony. Thank you. The discussion ended at 10:14 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 5 EXHIBIT C