COM 0939.040 2004-2006 - Laserfiche WebLink

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Page 2 of 3 4 _ In February 2004, Menehune assigned its Honokohau DHHL lease to JDI. In October 2004, the BLNR accepted JDI's proposal for a 500-acre master-planned project with a Land Use Plan that requires Resort zoning. In November 2004, Planning Committee Chair Elarionoff introduced revised General Plan Draft 2 ("GPD2", attached elar d2 resp.pdf; REPORTCOUNTYOFHAWAII.doc) which returned the resort node on DLNR land at Honokohau. The County Council Planning Committee is unable to pass GPD2 before they are removed from office in December 2004. In January 2005, the current County Council passed GPD1 with the DLNR land designated as Open. In September 2005, at a BLNR meeting regarding the proposed JDI development, Kona elected representatives Councilman Angel Pilago, Councilwoman Virginia Isbell, and State Rep. Cindi Evans all requested that the development agreement decision be delayed until public hearings can be held in Kona. In November 2005, the BLNR and JDI entered into the Agreement, a contract. However, HRS 171-60 (C) (attached HRS171honokohau.doc) states, "Prior to leasing any public land to, or entering into a development contract with, a developer or developers, the board shall determine the use or uses to which the lands shall be put, which shall be in conformity with the applicable state, city and county, or county zoning and subdivision laws, ordinances, or regulations...". GPD1, containing the Open designation for DLNR lands adjoining Honokohau, had been public for two years before the DLNR issued its RFQ/RFP. It is obvious from this timeline and events above that BLNR, JDI, and certain County officials had constructive knowledge that: 1) existing Open County zoning and GPD1 designation were in conflict with the Honokohau RFQ/RFP when issued. 2) the Agreement was in conflict with existing Open County zoning and the adopted General Plan Open designation. 3) the Agreement was in conflict with 171-60(C). Therefore, the Agreement is void under existing state law. Kona Marina has no "entitlements" to the public's land at Honokohau. Supporters of Jacoby that the Kona Kai Ola project, which also proposes to develop 200 acres of Department of Hawaiian Home Lands, land, will provide substantial revenue to DHHL for building homes for Native Hawaiians. But the DHHL lease provides payments of only $16.3 million over 20 years. These payments have been weighted to favor the developer by requiring small initial payments, which will delay revenues for DHHL home construction. The current project proposal will only provide DHHL with one-time payments of I% of the sales price of each timeshare or less than $10 million. The construction of perhaps 100 homes over 20 years worth is not worth losing 200 acres of DHHL land. 8/1/2006