COM 0400.008 2002-2004 - Laserfiche WebLink

Home

1'L/30 /2003 1%:72 PH FEON: E0E-?26 '22t?, Law Nawsii LLLC T0: X61-N912 PAGE: 001 OF 005 these resources. best management practices and enforcement of zoning and environmental laws are critical. • Ideally, all residents should have convenient arcess to the most popular recreation facilities. such as playgrounds. gymnasiums. swimming cools and mufti-ournose community centers Although beach parks usually require suitable shoreline conditions. the popularity of shoreline activities mandate that beach Darks be established in relation to population distribution, even if the area does not provide the best recreational resource. Some districts have benefited more than others in terms of the number of facilities-based parks and beach narks relative to nonulation North Kona South Kona South Kohala and Puna have the least amount of County faciltties-based narks and beach parks in relation to population. State beach parks within the South Kohala and North Kona districts help to nrr~4 in na.?. s~ pf.hose rlefic!°~c'se~. Public access to the ocean and mountains have special recreational and cultural significance to the residents of this island community. Public access to coastal and mountain areas have been an essential element in the gathering of food- the transport of goods, and recreational purposes for both the island's residents and their ancestors In recoanttion of the need to provide residents with the right of free movement in public space and access to and use of these g~~blic coastal and mountain areas the Hawaii County Council adopted Ordinance No 96 17 in 1996 to require the dedication of land for public rights-of way as part of subdivision approval or the issuance of a building permit for the construction of amultiple-family residential development under certain circumstances. The County may also require the establishment of public r'whts~of-way as part of the issuance of other tvces of land use approvals such as chances of zone or Special Management Area Use Permits Based on the General Plan, the County should require the developer to donate, build and maintain a public park on the entire 1130 makai parcel owned by the developer as a condition to any development on the mauka parcel under consideration. 5. Developer has refused to cooperate with Na Keiki He'e Nalu 0 Hawaii and Kohanaika Ohana in prior clean up efforts. Developer is lying about his prior efforts. He promised to help clean and maintain the property but has refused to do so. The property is in the worst condition that it has been in over a decade due to Clifto's neglect and refusal to spend even small amounts to care for the land. His latest and recent efforts are a show timed with the rezoning request. The developer has not been cooperative or forthcoming with community groups. His posturing that he is cooperation is a sham. 6. We have reviewed and and agree with and support Janice Palma-Glennie's testimony for the Moku Loa Group, Sierra Club. 7. The entire development proposal is a sham. The developer has admitted he has not money, and merely seeks permitting and zoning to enable a sale of the property at higher value and is not presented in good fafth. In view of this, the Council should impose strict conditions on the limits of any development to be satisfied in written binding form binding all subsequent purchasers, prior to any approvals or permits in order to protect the