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Sunday, March 03, 2024

Kaʻū News Briefs March 2, 2024


Local residents take to Highway 11 to express their opinions on planned development at Punalu‘u.
Photo by Julia Neal

A RALLY TO PROTECT PUNALU‘U DREW MANY SCORES OF PEOPLE on Saturday for a meeting at the county pavilion and sign waving above Punalu‘u Black Sand Beach and along Hwy 11.
"Build Inland," "Require an EIS" and "Save Heart of Kaʻū" were
some of the many signs at the Punalu'u rally. Photo by Julia Neal
     Organizers and the public talked about any new development having the potential to overwhelm the coastline with an increase of people going there and said that Punalu'u is one of the only places with access to a family friendly beach between Hilo and Kona. They talked about an already stressed infrastructure threatening to pollute the environment, with deteriorated sewage, water and fire hydrant systems left over from former owners. They talked about the need for fixing the infrastructure now, before any development would happen.
    The stress on already soaring housing prices in the Kaʻū District, with influx of workers who would come for construction of the project, was also brought up by folks attending the rally.
Guy Enriques, who grew up at Punalu‘u, reviews his family history
there and his concern that his extended family members will be evicted from their
 longtime lei stand business on the beach. Photo by Julia Neal
    One sign said, "Build Habitats Not Condos." Another said, "Build Inland. Beach Too Crowded Already." Another said, "Require An Environment Impact Study." Signs with slogans that have been traditionally proclaimed in Kaʻū for decades included "Keep Kaʻū Ka‘ū," Keep Kaʻū Country" and "Kapu Kaʻū." Another said "Keep A Small Town Small - Kaʻū." Numerous signs said, "Save Punalu‘u." Among others were, Save Heart of Kaʻū," "Kaʻū Over Kala, "No Build At All," "Follow CDP (Community Development Plan) Guidelines," and "SMA Lacks a disaster mitigation plan."
A local mom and daughter at the meeting on Punalu'u Saturday.
  Photo by Julia Neal
    Former County Council member Guy Enriques, one of the organizers of the event, was joined by Hawaiian cultural practitioner Nohea Ka‘awa to encourage people to submit testimony to the Windward Planning Commission, which is holding its public hearing on the SMA permit this Thursday, March 7 beginning at 9 a.m. in County Council Chambers in Hilo.
    Enriques reviewed his family history at Punalu‘u, noting that he grew up there and still lives there in a house mauka of Hwy 11. His late mother, Jeanette Kaualani Akiu Howard, was a native Hawaiian speaker and taught Hawaiian and Hawaiian culture in the schools. She also started the lei stand there in the 1950s, which is still operated by several of her children and other family members. The family is also known for being the volunteer lifeguards at Punalu'u until the county lifeguard service was established and still volunteers for rescues after hours. Enriques said his family constructed and owns the lei stand where they sell shirts and other items to mostly visitors. He said they pay rent for the land and that he expects that he and other operators will all be evicted by the developers.
    He proclaimed that his issue is much bigger than possible eviction from the lei stand. He said it is about preserving Punalu‘u for the local community and as a habitat for honu, the turtles. and other wildlife.
A rally to preserve Punalu‘u brought out opponents of Black Sand Beach, LLC's proposed development. 
Photo by Julia Neal

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BLACK SAND BEACH, LLC issued a statement ahead of Thursday's public hearing on its proposed Special Management Area permit for its development, contending that it is has similar interests as the community in managing the visitor traffic, keeping access of the shoreline open for locals and protecting natural resources. The statement from Project Manager Norman Quon says its team is:
    "Aware of the importance of these lands to the community, and is also aware that it has just a temporary residency here. And as its temporary caretaker, understands that the legacy that it leaves should make the right mark on these lands for future generations.
    "Working to manage the ill-effects of decades of neglect and lack of effective on-site management. Rubbish improperly dumped throughout the property and within the coastal area. Vehicles parked on the
Read the SMA proposal at https://records.hawaiicounty.gov/
weblink/1/doc/127617/Page1.aspx. Read the Community Development Plan at
black sand beach. Un-managed vegetation creating opportunities for wildfires that not only threaten existing communities, but also destroy native plant species. The adverse effects of not allowing any reasonable use of these lands will take away the resources needed to manage the 474 acres that comprise the project area and arguably create a more detrimental circumstance by not being able to manage the coastal area, manage vegetative overgrowth, manage how areas throughout the project site are used, and the constant upkeep and improvement to the sewer system that protects the coastal waters. 
   "One must look at the big picture, the cause and effect of every action, or in-action. Black Sand Beach, LLC is a responsible landowner and project manager, working with the community and government agencies to property care of these lands. To do or allow nothing is not an option as people will continue to come to Punaluʻu, the infrastructure systems will continue to degrade, and the land will continue to be subject to invasive growth/overgrowth that harms the overall biology of the area as well as a fire hazard."
    The statement says that "Punalu‘u is not an undeveloped green field site but a living active community that needs constant maintenance. We take our role as the steward serving the current residents of Colony One, Kalana Golf Course Estates, the existing Kuleana landowners by providing water, sewer, road system maintenance, and property management services. Unfortunately, we have inherited a property that is deteriorated from years of neglect where the buildings and the landscaping require constant work to control the evasive growth and weathering. Fire hazards on the property are a constant problem that we must plan for. The problem is the task of maintaining these vital services is becoming more challenging in striking the delicate equilibrium between fulfilling the community’s needs and managing the associated financial burdens of these services.  
    "Punaluʻu Village can bring some additional services within this community, like a small convenience store, urgent-care type medical facility, educational opportunities especially around resource protection and cultural practices. If Punaluʻu Village is allowed to thrive, it will definitely have a positive effect on surrounding communities as people then explore the nearby communities like Pāhala and Nāʻālehu.
   "Punaluʻu Village wishes to be like an incubator, creating a nurturing environment for educators, craftspeople and entrepreneurs so that they can then reach out to surrounding communities or districts. We feel confident that Punaluʻu Village will provide rewarding opportunities for local residents willing to help create this community and share in its vision."


COUNTY PLANNING DIRECTOR'S REPORT ON THE PUNALU‘U DEVELOPMENT PROPOSAL: This is the third installment of the report by County Planning Director Zendo Kern, issued ahead of the March 7 public hearing regarding approval of an SMA permit for the Black Sand Beach, LLC project:
    Scenic and Open Space Resources: The beauty of the project site is very well known, which is why residents refer to this area as the "piko" of Ka`u. All repair and maintenance activities will generally be situated in the area mauka of the coastal section of Ninole Loop Road and Ninole Cove Place rights- of-way and away from the shoreline areas and the State Land Use Conservation area. No new structures are being proposed by this application within the proposed coastal preservation easement and managing the
lands through removal of excessive overgrowth from the remainder of the project area should enhance the scenic beauty and open space character within the Project Site. The understory of overgrown non-native and invasive grasses and weeds is the target of cleanup; however, non-native vegetation is pervasive throughout the project site. Staff notes that the project is designed to fit in with the surrounding landscape and area and will be sited to minimize potential viewplane impacts from the ocean towards the
5,000 in the mail 2,500 on the street.
mountains.
    Coastal Ecosystems, Marine Resources, Beaches: A primary portion of the proposed project involves the continued repair and maintenance of existing infrastructure systems (e.g., wastewater treatment system) that have been neglected for decades. Failure of these systems could have a significant adverse impact on the coastal ecosystem and as such the proposed project aims to minimize those impacts by upgrading and maintaining roads, water systems, wastewater systems, trails, and other necessary infrastructure such as electric. Land within the SLU Conservation District located along the shoreline will not be directly subjected to activities included in this proposed project. By not developing the Conservation District portion of the project site an in situ coastal buffer zone will be created, and when coupled with the existing County beach park, and preservation area will alleviate or mitigate any impacts to the coastal zone from this proposed project.
    Coastal Hazards: The majority of the proposed projects development are located within Flood Zone X which represents areas determined to be outside the 500 year flood plain; no new facilities are proposed along the coastal portions of the project site. The development will be subject to the requirements of Chapter 27 - Flood Control, of the Hawaii County Code in order to minimize the effects of coastal hazards. In addition, all buildings will be constructed in conformance with Uniform Building Code specifications.
    In the event of a tsunami or other major weather event, the evacuation of this site would
be via Ninole Loop Road to Mamalahoa Highway.
   The proposed development is consistent with the County General Plan, Ka' u Community Development Plan ( KCDP), Zoning Code, and other applicable ordinances. The General Plan Land Use Pattern Allocation Guide ( LUPAG) for the County of Hawaii is a policy document expressing the broad goals and policies for the long-range development of the Island of Hawai' i. The General Plan ( GP) was adopted by ordinance in 1989 and revised in 2005. The project site is designated as a Minor Resort Area by the      General Plan, a designation that allows development that accommodates no more than 500 visitor units and should provide both active and passive recreational opportunities commensurate with the scale of development. As described previously, the project area has varied zoning designations, ranging from Low Density Urban ( ldu), Medium Density Urban ( mdu), Resort ( res), and Open ( ope) depending on location. 
    All the proposed activities and proposed improvements presented in this application are aligned with its designation as a minor resort area and does not require any changes to amendments to current zoning designations.
    The significance of the project site is highlighted in the KCDP, which states: A large number of CDP objectives and strategies intersect at Punalu‘u, which has a rich ecological, historical, and cultural legacy. The CDP outlines a community-driven, collaborative process for planning the future of Punalu‘u. order to accomplish the community objectives detailed within the KCDP, policies and goals were created to provide a framework for the applicants support of a community-based planning approach to the proposed project.
    The following policies listed are most related to the proposed development:
    Policy 23 — Protect the shoreline from the encroachment of man-made improvements and structures.
    Policy 24— Maintain the shoreline for recreational, cultural, educational, and or scientific uses in a manner that preserves the resources of this area.
    Policy 54 — Protect scenic vistas and viewplanes from becoming obstructed,
considering structural setbacks from major thoroughfares and highways to protect view planes.
    Policy 62 — Protect, preserve, and effectively manage forests, watersheds, shoreline areas, natural areas, and rare or endangered species and their habitats.
    Policy 69 — Protect, restore, and enhance the sites, buildings, and objects of
significant historical and cultural importance to Hawaii.
Learn about Special Management Area permits at 
https://planning.hawaii.gov

/czm/special-management-area-permits/

    Policy 70 — Protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes, and possessed by ahupua' a tenants who are descendants of native Hawaiians in this area.
    Policy 79 — Ensure appropriate public access to the shoreline, public trails, hunting areas, scenic places and vistas, and significant historic sites, buildings, and objects of public interest. Additionally, ensure access for cultural practitioners.
    Policy 88 — Establish the Punalu`u-Ninole Springs region as a recreation area.
    The following policy controls from the KCDP are related to the development of the proposed project:
    Policy Control 1 — Rehabilitate and develop within existing zoned urban areas already served by basic infrastructure, or close to such area, instead of scattered development.
    Policy Control 5 — Rehabilitate and optimize the utilization of designated resort areas that are presently serviced by basic facilities and utilities, and before new
resorts are allowed in undeveloped coastal areas.
    Policy Control 6 — The development of visitor accommodations and a resort development should complement the character of the area; protect the environment and natural beauty; respect existing lifestyles, cultural practices, and cultural resources; provide shoreline public access; and provide affordable housing to meet demand created by the development.
    The policies and policy controls listed above are utilized to set community actions according to the KCDP, which specifically calls out Community Action (No. 29) to develop and implement plans for Punalu'u. The applicant has integrated a number of policies related to the long-term planning of this area, and the project will serve to protect and preserve environmental, historic and cultural, and recreational activities, all while providing a new revenue stream to the area to support on-going restoration efforts and the community.
    The project area is adequately served with essential services, such as water, electricity, and telephone. Wastewater will be directed to the existing privately owned WWTP, and stormwater will be managed on site via approved drainage and other supporting structures. Additionally, DEM-Solid Waste Division is requiring a Solid Waste Management Plan be submitted and approved by DEM prior to occupancy of the
development. As such the proposed development is consistent with the County General Plan, Zoning Code, and Ka' u Community Development Plan.
    The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In the view of the Hawaii State Supreme Court's " PASH" and " Ka Pa'akai O Ka' Aina" decisions, the issue relative to native Hawaiian rights, such as gathering and fishing rights, must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary
practices of the site.