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2008-01-11 TPDKOHALA LLC
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2008-01-11 TPDKOHALA LLC
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coastline. The input received in the last two years during the community readiness program for <br />North Kohala development planning process, and this was the most well-attended community <br />readiness program in all the years that we were receiving such support, there was tremendous <br />out-turn by the public. Anyway, the input from the community at that time and the draft <br />recommendations coming out of the focus groups are clearly not aligned with this project. In <br />fact, there’s a recommendation calling for the State lands to be downzoned to Conservation. <br />And right now there are two bills being introduced at the Legislature to do exactly that for the <br />property immediately north of here. <br />And the social environmental conditions under which the ordinance and permit were originally <br />passed and issued have significantly changed and do not support any extensions. What the <br />conditions support at a minimum is what Chris is asking for. I think there’s a real sound case to <br />ask for more. I hope you guys will consider that and use your authority to do so. <br />You know, the annual reports were not filed, the required progress was not made. There’s no <br />takings issue here. I know there’s a lot of concern and talk about that at the last Commission <br />meeting. For whatever reasons, the required conditions were not met. The applicant didn’t <br />comply with the required procedures. There’s no takings here. There has been no subdivision <br />granted. There’s no takings here. On Oahu I believe there is a resort zoning downgraded all the <br />th <br />way to Preservation, made it all the way to the 9 Circuit Court, there’s no takings. We need to <br />quit being afraid of doing the right thing, especially when folks haven’t complied with the <br />procedure. Let’s not be concerned. <br />But there is certainly cause for concern about lawsuits that will force the County to take action to <br />protect natural resources from the cumulative effects of development as allowed under the Clean <br />Water Act, the Coastal Zone Management Act, and with regard to upholding the public trust <br />doctrine as allowed for in our Hawaii State Constitution. No one has done it yet but the time is <br />getting nearer if we don’t start doing some better planning. <br />You know, one of the reasons we’re here today is because the applicant did not follow rules and <br />that time to exercise the conditional entitlements expired. You know, but the real reason we are <br />here is because over the decades for whatever reason the County has not listened to the <br />community in terms of what their vision is and what they wanted for this coast. I think we <br />alluded to it in our document and other testimony. This coast has the most numerous and intact <br />archaeological and cultural sites in the State. It’s precious. It’s the last uninterrupted viewplane <br />for the longest stretch in the state. There are many, many reasons to be looking at preserving all <br />the parcels along this coast. <br />You know, please hear us today. Please support the Planning Director’s recommendation to <br />repeal Ordinance 97-102 and please use your authority to rezone it to a more, to zoning that is <br />more aligned with what the community has asked for for decades.And I really, I’m very much a <br />win-win optimistic type person. I love dialogue, I love discussion. And I appreciate the efforts <br />by the Commissioners to encourage more discussion between the Planning Department and <br />applicant. And yet at the same time, you know, what about more dialogue between the Planning <br />Department and what the community has wanted or 30 years? <br />EXHIBIT C <br />7 <br /> <br />
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