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<br /> <br /> <br /> <br /> <br /> <br /> <br /> Planning Committee <br /> Hawaii County Council <br /> Hilo, Hawaii <br /> <br /> November 9, 2004 <br /> <br /> Aloha Council Members, <br /> <br /> RE: Continental Pacific LLC, REZ ordinance 355 to rezone portions of Pepeekeo Point <br /> to residential to allow for an eleven lot subdivision. <br /> <br /> I am here to make sure this development project doesn't blow up in everyone's face like <br /> Hokulia. <br /> <br /> Here are somethings that must to be addressed to properly proceed. <br /> <br /> 1) A legal review to determine if rather than being a "Settlement Agreement" that <br /> document is in fact a Development under HCC Chapter 30 and therefore illegal. <br /> <br /> 2) Pepeekeo Mill Village ball fields and the adjacent open shoreline area is clearly a <br /> portion of land set aside for public recreation a long time ago before the subdivision code <br /> was developed. The public has been continuously using it. You need to do a legal review <br /> to confirm its status and preserve it before you subdivide it out of existence. <br /> <br /> 3) Make an accounting of the status of all of the developer's obligations and use the <br /> rezoning ordinance to resolve numerous issues of non compliance. <br /> <br /> 4) The legal requirements of HCC Chapter 34 Public Access are not discretionary and <br /> there are irregularities and inequities in Continental Pacific's subdivision. This rezoning <br /> ordinance should be used as leverage to obtain compliance with the requirements of <br /> Chapter 34 as follows: <br /> <br /> * Continental Pacific has not complied with Chapter 34 requirements for spacing of <br /> mauka makai access easements and failed to obtain required County Council approval. <br /> <br /> * There is still no convenient parking and public access to the shoreline that will <br /> accommodate the disabled or elderly. <br /> <br /> * Openings in fenced areas are too narrow as currently constructed. I had trouble <br /> negotiating their way through them. This has not changed for over a year although <br /> several people have made complaints. <br /> <br /> * Signs identifying Public access ways and parking have not been posted. Gates <br /> currently discourage the public. Signs should be posted on gates to provide public access <br /> <br /> - 811-5 <br /> comm. No. <br /> Ref. To: <br /> i1 j. <br /> _ o Q4 <br />