2022-05-05 Windward Exh A (Testimony PD Report)

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parking area for 4 cars at the location south of the Pepe`ekeo Mill side, known as Iron Posts. To Condition D to what was approved as zoning ordinance 05 50 to save the rezoning request at the County Council. This was to resolve the ongoing shoreline access dispute in the subdivision of over 1,000 acres. Condition D of zoning ordinance 05 50 reads the applicant shall also provide 1 additional public vehicular access and parking areas sufficient for a minimum of 4 vehicles at the location south of the former Pepe`ekeo Mill Site in the approximate area known as "Iron Posts". I have previously submitted a Google aerial photograph and the measurement of how that parking area has been moved 750 feet from where it was. This was to be a convenient drive-up public parking easement to access the pali trail"—" JACKSON: Ms. Rohr your 3 minutes is up. ROHR: Well, I'm asking for you to allow me to finish, please. It was located"—" it was located by survey next to the long wall near the pali. In 2018, developer Jere Henderson unilaterally fenced off the dedicated public vehicular access and parking area under the guise of a new landowner Gault's Gulch. Without doing proper due diligence the Planning Department's violations officer wrote a Notice of Violation under enforcement actions ZCV-2018-091E. Stating that moving the gate to the public access was an SMA violation that could be resolved by submitting an application for an SMA permit. This violated HRS Section 205A-26-2(c) and PC Rule 9-11(e)(3)requiring approval of an SMA permit before development consistent with any applicable zoning ordinance. — AU: Ms. Rohr— ROHR: —Zendo Kern as a private planning consultant came to represent Jere Henderson and Gault's Gulch in resolving this enforcement action. Now on March 24t', Jeff Darrow impermissibly closed the enforcement action without resolving intentional gating of the dedicated vehicular and parking easements that the public has been endlessly complaining about. That information is not in the Planning Director's report to the Planning Commission today. In my opinion AU: Ms. Rohr? ROHR: —I'm summing up now, please let me sum up. In my opinion — AU: Ina couple seconds. ROHR: —In my opinion, the Planning Department's failure to resolve intentional disruption of dedicated public access easements to the shoreline was governance at its worse. It disrespects the public, the County Council, and the rule of law. It undermines the public trust of their own government. This is not the end, thank you. 4 EXHIBIT A