HomeMy WebLinkAboutCOM 0400.004 2002-2004
12/01/2003 16:19 8083256322 XX PAGE 02
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November 30, 2003 ' 03 DEC 1 Pfd 4 18
VIA FACSIMILE (808)961-8912 CCUP~: !~L`_.,i:
COUN1 ~i= i i,~~A1,Nl
Hawaii County Council
Committee on Planning
25 Aupimi Street
Hilo, HI %720
Re: Clifto Change of Zone Request - O'oma 2nd, North Kona
T i-i-i
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Aloha Chairman Elarionoff and Planning Committee Members:
My name is Made David and I submit testimony on behalf of myself individually and as
President of Pono I Ke Kanawai. I hereby request that the committee take rlo action on the
change of zone request at this tune and reschedule the conmrittee meeting for hearing in Kona.
This tnattir Gill have a su.'
~',~a; a impact upon native I3awaiisn issues as well as the
Kona community and therefore your oornmitteo must ensure that these valid concerns ate heard
prior to making a dxtsion or recommendation.
The subject request for zone change raises several serious concerns:
1) The "Project District" request is speculative and does not satisfy the review criteria
and conditions for approval. The project district propose( is "conceptual" and theretbre adverse
impacts carmot be adequaxly identified and/or properly addressed The change of mne request
should not be granted at this time.
2) The request for change of mne will have significant adverse impacts upon the adjoin-
ing conservation lands, public trust lands, open space and access and gathering rigi»a.
3} This developer has not acted iu good faith with the Kona commtrNty and its attempt m
participate iti C!+ralzn~~
+ty ,;rd•,'ng .,arts have been less than martingfirl. Clft~o's sale of the
subject property demonstrates it's lack of regard for issues of which it has been made aware of
and seeks a change of mne and SMA permit application W increase the saleability of the subject
property. This is developer-driven land use planning and not planning that will benefit the Kona
community as a whole.
4) Developer is now looking to the Courtly to grant a zone change and wncurrent SMA
permit that would enable it to better secure investors or a purchaser for this property. The
County's responsibility and duty does not ~re nor allow it to advocate oa a developer's behalf
via providing a means of increasing "marketability".
P.O. BOX 4753 KAII,UA ' f<C~I'iA, t1AWAi'I 96745 ° Pti, (S0~ 325-0844 • FAX (t3t)~ 325-6322 • paplke(e,k
Comm. No.
Ref. To: trr~~ •
Ref. Date
12/01/2003 16:19 8083256322 XX PAGE 03
5) A change to Project District wit! have substantial adverse impacts upon adjoining
conservation lands, the neighboring development at Koltanaiki and rite currtvst nature of uses in
the rogion as well as open space.
Ivtatters concerning issues specific to Kona should be heard in Kona Iv[eetings and
hearings on Kona issues that are held in Hilo act as a deterrent for public pm'ticipation and
therefore important testimony and inptd from a vast majority of the Kona community will not be
tltard and considered in the process. Input fimn the Kona community is very important to enable
our County agencies to properly iderrtify, assess and consider potential impacts prior to granting
a 3'.°.'yL'~t va applirahon.
Icisions regarding land use have historically bees decided by decision-makers who do
not live in Kowa and therefore are ill advised of substantial issues and adverse innpacts that tray
occur as a result of such decisions. In the pant decade, West Hawaii has been. in the forefront of
landmark 5upstnrse Court Decisions thsat upheld native Ilawaiian rights and reminded govern-
mental agencies of its duties and responsibilities ro oonsiderpotential impacts prior to making
land use decisions.
In closing I'd like tiD say that land use permitting has followed "past practia" and inmost
instances failed to address the lcthx of the law, I am hopeftil that the fetter of the law ifs this case
will prevail, a meeting or hearing will occur in Kona and an ultimate denial of this request.
A3ahaio a nui toa for this opportunity to submit comment
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