2006-09-22 TALLIANCE - Laserfiche WebLink

Home

No. 2, Applicant states: To address the extreme shortage of affordable housing in North Kohala - the Applicants plan to include 4 separate (1,000 square foot) farmworker/staff cabins (4 people per cabin) within the project area. It seems they intend to hire people who do not live in North Kohala - results in no new jobs created. Applicant states: The project area is not associated with nor valued by Native Hawaiian people or any other ethnic group. The North Kohala coastline and adjacent lands ARE highly regarded and valued by all North Kohala people. The wire fences and locked gate have prevented access to the ocean for subsistence. There’s a total consensus against the use of Union MillRoad by the applicant. Every family adjacent to the Union Mill Road - including the commercial businesses at the top of Union Mill Road - has signed a petition stating A.R.C.G. Inc. must improve the road if they intend to use it. Individually - after reviewing Alliance Redwoods building plan -, they all stated - we don’t want this resort. These are the families and businesses that will be impacted by this resort. The Land Study Bureau classifies the subject property as Class “B” soils. The subject property is designated - Prime Agricultural Land under the ALISH classification system. Class A and B soils are specifically protected under State Land Use Law - HRS 205-4.5, (6) - specifically prohibited overnight camping retreats are on lands that’s in the S.L.U. District with A or B soils. The subject property is going through a consolidation and resubdivision - which will result in a formation of two lots, Portion 13: 22.218 acres, Portion 12: 36.856 acres (subject property). HRS Section 205-5(b) states, if the subject property is a result of a subdivision after 1976 - The uses on the lot have to be primarily in pursuit of an agricultural use. The lease agreement calls for a lot split - this is an illegal subdividing of prime agricultural land. The proposed use is an unreasonable and illegal use of Prime Agricultural Land, which would be contrary to the objectives sought by the State and County Land Use laws and regulations. The proposed special permit request by A.R.C.G., Inc. to allow a camping retreat center - must be denied. Thank you. ALAMEDA:Thank you, Mr. Isaacs. Any questions? Commissioner Graham? GRAHAM:I just wanted to ask Mr. Torigoe about what Mr. Isaccs said about overnight camping retreats being specifically prohibited in the State Land Use District with A or B soils; and he references HRS 205-4.5(6). Can you give us any background on that? TORIGOE:Let me try and give you a really brief read on that. There has been a Hawai`i Supreme Court case, I think it’s the Malama Maha‘ulepu versus Land Use Commission in which a similar argument was made with respect to golf courses. And the Hawai`i Supreme Court basically said that the special permit power the Commission has under 205-6 HRS allows EXHIBIT A 9