2003-12-04 TCLIFTO120403 - Laserfiche WebLink

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YUEN:The conditions are, for the most part, quite specific. And give example of the Mamalahoa Trail, thereÓs, the proposed condition is that there be a 50-foot natural lava buffer on either side, plus a 60-foot no-build area. So if anybody, if thereÓs any physical development of the site, then it needs something called Plan Approval from the Department, so they have to submit plans. And just to use as an example, the staff is supposed to look at the plans versus the ordinance and make sure that the setbacks are kept up; so that would be enforceable. There a few types of conditions that are sometimes difficult to enforce; but I think the key ones are specific. And I would have to see the ones that sheÓs concerned about. She did, to explain on the mauka-makai Òcause this is a question that was raised -. ItÓs a little easier if I go to the map, I think. Right on the Kailua side of the property is where thereÓs an existing jeep trail that then crosses out of this property and goes all the way down to the ocean on the Ooma property. The Mamalahoa Trail runs like this here and actually cuts across where this jeep trail is and continues on into Kohanaiki. When they, along with their exchange deed when they got the property, they did get an easement across the Mamalahoa Trail at this point where the jeep trail cuts it. So they do have a place right here to cross and they can go down into the lower property. These two properties were under the same ownership at that time as well. The people that own this got, that own the 217 acres, got the 83 acres. So I presume thatÓs why they wanted this crossing point. There is no other approved crossing point on the Mamalahoa Trail. If you noticed, their site plan shows a crossing. They do not have approval to do that. So thatÓs why we put in our condition that no further crossing of the Mamalahoa Trail, unless they get approval from the State, Òcause the State owns the trail. That also means, by the way, that there is, that they do have an access problem to this lower wedge of the property, unless they come in from below or come across from NELHA to the north. They would not be able to get to this portion of the property thatÓs makai of the Mamalahoa Trail. You canÓt really do it at the southern or Kailua point because this is just a wedge here, and actually the trail takes up this whole corner of the property. So, but at any rate, this is a difficulty that they have. TheyÓll have to take care of it. In the rezoning ordinance, our recommendation was to say that this zoning of this wedge here does not become effective unless they establish access rights to it. GALDONES:Karen? EOFF:Good morning. My name is Karen Eoff. My address is Post Office Box 1602, Kailua-Kona 96745. IÓve been asked by Jim Sogi to read portions of his testimony in the record this morning, so IÓm going to say, read that first; and after that IÓve been asked by Angel Pilago on behalf of Kohanaiki Ohana to read a short testimony; and when IÓm done I can give you copies. Okay? GALDONES:You may proceed. 19