2024-10-07 Testimony - Protect Keopuka Ohana (PL-BOA-2024-000104 & 105)

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Protect Keopuka Ohana October 3, 2024 COH PLANNING NINE E ►; OCT 72024 Pk4:1 i County of Hawaii Planning Department RECD BY HAIL Board of Appeals ror Pauahi Street, Suite 3 Hilo, HI 96720 RE: Pi-BOA-2024-000r &0002 Dear Members: As a central litigant in the 2000 lawsuit,Kelly v 125o Oceanside Partners,Civil No. oo-1-o152K, Protect Keopuka Ohana(PKO) takes this current issue very serious- ly.As you may recall, that lawsuit,which effectively shut down the Hokuli'a project, was initiated after floodwaters poured off the project in September 2000 and mud- died the pristine waters of the Nawaawaa Bay. Since that time, 1250 Oceanside LLC has invested considerable time and expense in designing flood control basins and minimizing paved surfaces within the ',goo-acre project.These actions have successfully prevented any runoff from entering the ocean for nearly 24 years. An integral element of that success has been the reduction of paved surfaces on the Hokuli'a project, allowed by Variance 10-027 ("Variance")which are the central subject of this action originally brought to the Third Circuit Court by Hokuli'a's neighbor to the south, (TMK 3- 8-1- 007- 045),owned by the C &J Coupe Family Limited Partnership (Charles W. Coupe,PO Box 87, Kealakekua,HI 96750). Although all the roads in Hokuli'a have been built in the same manner, only the two roads that allow public access through the project, plus the Connector Road that could provide public access to the Coupe Property, are in the Coupe family's crosshairs. All three roadways were constructed long ago.The Makai Haleki'i Extension and Connector Road were constructed in 1999, and the Mauka Haleki'i Extension was constructed in 2012,pursuant to plans approved by the County Department of Public Works.All three roadways are subject toVariance No.VAR10-o27,which was granted more than a decade ago, on January 31, 2011.