2004-09-16 TCONTINENTAL - Laserfiche WebLink

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some commercial areas up the hill, so I think the credit has been used. That land has not been used in those manners for decades now. Ithink its inappropriate to put industrial in that particular location. Its a scenic area, its obviously a beloved recreational area. There are properties being sold, people have expectations of quality of life. We have industrial parks that are left empty. I dont see a real need on this particular property to put more industrial. Okay, so Im against that. The second one is rezoning to residential. I have no problem with that. Okay, the Special Management Area permit for the 11-lot subdivision, I read over Chapter 34 and it appears to me that theres a requirement to have a public access between 800 and 1,000 feet along the shoreline in residentially-zoned areas. Thesettlementagreement,weallknowwhatthatmeans,right,theApril2002settlement agreement between Continental Pacific and the County of Hawaii Board of Appeals? Okay, the settlement agreement says that certain things are going to happen; but when they come to this hearing, its up to this hearing to decide whats appropriate. Its not dictated by that settlement agreement. That settlement agreement doesnt mean they dont have to follow the law, okay. So right in the middle of that Parcel 70 is the lighthouse lot, Parcel 13. That lot also has a right-of- way down to Beach Road. Ive e-mailed the title report to the Planning Department. Its a 23- page title report dating back to 1917. The United States government condemned that property. It was back when, during the territorial days when they were starting to put up the forts and things like that. But they needed the light station. They condemned it and its, so its under, the military has control of it; and its being reserved as a light station. Its still Federal public land. Ive spoken to Commander Beverly Havlik and I will read a letter that I wrote to her yesterday and -. But basically, Id like to say that she said, Listen, we dont full around. If we dont want people on our property, we fence it off. Youre free to take a stroll, youre free to go to the beach. She said its, theyre very clear when they want to fence a property. The man who manages the light facility called the manager for Continental Pacific, they had a discussion. I received a e-mail. The discussion was that Continental Pacific doesnt want to, is not trying to keep the public from accessing this property. Therefore, Id like to point out Step 2. Step 2 is theres a basic defect in the original subdivision that created Lot 70 and the other lots that were discussing here today. The defect is that theyre landlocked, Parcel 13. If you look at Subdivision 7644 or is it 7466, whichever one that is, the map thats up on the wall, and you look at the label -. First of all, Lot 70 is not clearly labeled on that. You have to go through a detail to find it. But the road lot, which we know as Beach Road, its labeled as 93, Lot 93. If you look in the table on the right, theres not a single listing under Lot 93. They mis-referenced it as Lot 83. It says its in favor of the association. Okay. I just sold a property up in Puueo Farms where the subdivision maps for that subdivision show access all the way up to pre-existing lots dating back to 1910; but nowhere on that map does it say its in favor of the pre-existing lots. My client cant get a loan because it has no, the title companies says it has no legal access to a public road. When I go to the County, Im told, no. 17