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Claudia J. Rohr <br /> 369 Nene St. <br /> Hilo, Hawaii 96720 <br /> res.(808) 934-8040, ce11938-5446 <br /> home fax: 935-0940 <br /> February 16, 2005 <br /> Re: REZ ordinance 356 to rezone portions of Pepeekeo Point to residential to allow for <br /> an eleven lot subdivision in Continental Pacific, LLC's Pepeekeo Makai lands. <br /> I am here to urge you to take the time to consider the facts surrounding Continental <br /> Pacific's subdivision before and to vote no to this Bill.. <br /> So, now I want to talk about some items that need review to properly proceed: <br /> It is misrepresentation to chazacterize this Settlement Agreement as a compromise <br /> agreement for the dispute in the Boazd of Appeals. There is not sufficient nexus between <br /> what was noticed at the Boazd of Appeals, what was discussed and azgued, and the <br /> resultant Settlement Agreement. <br /> The Settlement Agreement is cleazly a Development Agreement and it violates HCC <br /> Chapter 30 and the Sunshine Law. You have an obligation to get this corrected by <br /> holding public hearings to review and approve Continental Pacific's Development <br /> Agreement to correct the irregularities. <br /> "County council approval by resolution is a precondition for execution of a development <br /> agreement by the mayor". <br /> Chapter 30 states: "No development agreement shall be entered into unless the County <br /> council shall have held a public heazing on the proposed development agreement in the <br /> council district where the subject property and development requirements are located". <br /> There was no proposal to eliminate the village's common elements and open space at <br /> Pepeekeo Point in the BOA case. There is not sufficient nexus between what was <br /> discussed and argued in the BOA case and CP's subdivision design which eliminates <br /> <br /> public use of the roads, the ball fields and adjacent shoreline open space. <br /> CP has gated and privatized roads. Even the Pepeekeo Light Station, which is federally <br /> <br /> owned public land with a reservation for a light station is now locked away behind the <br /> <br /> association of landowner's automatic gate. Although the grounds aze open to the public <br /> <br /> and the best beach is neazby the public can't drive to it any more. <br /> CP is now proposing to disregard common open space to create residential lots, and to <br /> <br /> allow building elements within 40 feet of the pali edge. This is inconsistent with the <br /> Comm. No. q L• Ifs. <br /> Ref. To: QreseaNd(M~wn4) <br /> Ref. i)tyt~ FFS 1 6 205_ <br /> <br />