COM 0821.004 2002-2004 - Laserfiche WebLink

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CP has gated and privatized roads. Even the Pepeekeo Light Station, which is federally owned public land with a reservation for a light station is now locked away behind the association of landowner's automatic gate. Although the grounds are open to the public and the best beach is nearby the public can't drive to it any more. CP is now proposing to disregard common open space to create residential lots, and to allow building elements within 40 feet of the pali edge. This is inconsistent with the developer's own arguments at the Bbard of Appeals and bad planning. . The presence of urban zoning and lack of conservation zoning at Pepeekeo Point make it imperative that consideration be given to preserving the ball fields and adjacent common open space along the shoreline. The village's common elements, including the roads, ball fields and adjacent open space along the shoreline were portions of land set aside for public use before the subdivision code was written. These common elements have essentially remained intact all these years and the public continuously perused the area and used them. Therefore the public has legitimate claim to concessions from the developer. In the BOA CP argued that it should be able to use the old house lots in Pepeekeo Mill Village as pre-existing lots of record for its PC&R. This was based on law and by the example of Hamakua Housing. Hamakua Housing's subdivision applications had been approved for use of camp house lots as pre-existing lots of record in ten cases. CP demanded equal protection under the law and argued there was no rational basis to treat CP differently under the laws and rules, which had not been formally changed. Hamakua Housing never subdivided the common open spaces to establish house lots. The common open spaces were preserved for the communities' welfare. Now the County Council must review this issue of equal protection before making a decision in this matter. I am asking you to take into account the historical use of Pepeekeo Point and the long term use of the common open space. It must be reserved for a park in the public interest. It would benefit the whole island and would service many people, including the nearby residents, people from the surrounding coastal communities, residents of Hilo, and any person who enjoys touring the island. It has been a vital part of the island's life style. The Planning Commissioners were discouraged from using their discretionary power to amend the conditions of SMA 03-009 for the SMA area at Pepeekeo Point. The Planning Director repeatedly emphasized that the BOA Settlement Agreement was a controlling document.