2012-07-09 Public Access, Open Space and Natural Resources Preservation Commission Minutes (2)

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She explained that there are three parcels of land in Kaohe which runs from the highway up to the mauka state lands. These lands are below 2500 feet in elevation and based on aerial photos, appears to have a highly endangered palm (pritchardia affinis), which is very close to extinction. She stated that the multiple owners, including trusts, have applied for a PUD (Planned Unit Development) but does not see how these lands are conducive to these types of development. There are very deep ravines running criss -cross over the properties, about 100 -150 feet across and 20 -30 feet deep which could cause massive flooding problems down to the highway and the top portion is within the watershed area. She recommends that if possible, have the endangered palms fenced off so that wild cattle and /or feral pigs won't destroy them. Also listed in the resolution are all codes, state and county laws since these lands are threatened by development. Ms. Matsumura asked if the re- zoning has been accomplished. Ms. Self replied that there is no- rezoning. Ms. Ford replied that since its agricultural lands with a PUD it circumvents all of the zoning laws and allows a concentration of houses instead of one per one acre, etc. and this will cause a severe jeopardy to wildlife. There are four Hawaiian indigenous birds along with `Ohi`a trees, estimated to be about 700 years of age and maybe even older depending on their size. She talked to Dr. Hart who said that these trees may be the oldest angiosperm trees in the planet not just in Hawaii. She is asking that the Commission vote today to buy the lands with PONC funds and vote to put these lands on the 2012 Prioritized List so that she can approach the Finance administration to start the acquisition process. The property owners need to know that we are deadly serious about purchasing these lands for preservation and protection. Ms. Moon asked if this is legal for the Commission to approve this prior to preparing the list. Ms. Self replied that it's their decision however that they have to be aware that if an exception is made this time, it may affect other submittals down the road. Mr. Hirakami asked if they can accept to put it on the list but not rank it since they need to review all forms submitted. Ms. Self replied that the Commission has to figure out and consider how to approach this since it's never come before them. Ms. Ford added that when the Council does something that is unprecedented, they make sure the records show why they're doing it. This is an unusual event and does not happen every -time and strongly urges the Commission to consider this request. Ms. Moon asked about the urgency and what is a PUD. Ms. Ford replied that a PUD or Planned Unit Development allows the Planning Dept. on their own initiative to circumvent all of the Councils' codes. There is justification for clustering homes and leaving open space but in this case there should be no homes or businesses and just left as open space, possibly a passive park. The community in the area has objected to this and an attorney has been hired to sue the County if the PUD passes however the owner has no desire to develop the property unless it's to make the lands worth more money. If the property is sold at a higher value with a PUD, it's going to cost the County even more money, that's why it needs to be purchased now. Ms. Byrne -Baber re- iterated that the current owners have no intention of developing but they've come forward with a PUD. Ms. Ford commented that she sees this a lot, where a zoning change will be submitted to Council saying they're going to do this wonderful development and at the same time have -2-