COM 0821.004 2002-2004 - Laserfiche WebLink

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We don't want this project to blow up in everyone's face. There is need for legal review for compliance with HCC Chapter 34, SMA and parks. Approval of the rezoning can be used as leverage to effect positive change by identifying what needs to be done to correct the deficiencies of the subdivision to date. Here are some public access issues: * deficient spacing of mauka makai access easements. Failure to obtain required County Council approval. * There is still no convenient parking and public access to the shoreline that will accommodate the disabled or elderly. * There is only partial compliance with legal requirements to establish public access easements in subdivision documents. * There has been a failure to create public easements with a continuous connection to a public . Access easements dead end on non-dedicated roads. File Plan 7644 needs to be amended. * failure to officially open the shoreline to public. * failure to post public access signs. Gates and no trespass signs currently discourage the public. Signs should be posted on gates to indicate public access information and the hours the gates will remain open. General shoreline access signs should show public way to shoreline. * Openings in fenced areas are too narrow as currently constructed. The average person has trouble negotiating their way through them. This has not changed for over a year although several people have made complaints. We are just ignored. * The Planning Director has issued final approval of at least three increments of CP's master subdivision plan in the past eighteen months. Continental Pacific, LLC continues to subdivide and sell land and doesn't perform on its promises and obligations. The developer appears to suffer no consequences. * The Pepeekeo Community Association has been negotiating with developer for special fishing access rights and other concessions. They have been meeting for three years and there have been lots of promises but no legal documents have been executed and recorded. CP has allowed them use of the property for fishing, which is both recreational and an opportunity for subsistence and kept everyone happy while avoiding real commitments. This has become part of the pattern. It is like the excuses about laying out the lateral trails on the ground holding up conveying any of the public accesses to the County. These are unreasonable delays. You must find a way to define what Continental Pacific has to do to perform on all these obligation. * The SMA recommendations and permit conditions were finally amended just two days before the final Planning Commission hearings to include special terms for the Pepeekeo Community Association even though their agreements were not legitimized in writing. * The amendments were not read into the record at the hearing, nor were copies handed out to the public in attendance.