COM 0400.008 2002-2004 - Laserfiche WebLink

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ll/3~!2003 iG:12 PH FROM: BOE-326-'L2[2, Law Nawaia LLLC TO: 56L-8912 PAGE: 002 OF OGS NA KEIIO NE'E NA1.U O NAWAI'I ~A. Baz 890106 , Kailua Kaaa. Hawaii 96189 R . I ~ U HAWAII COUNTY COUNSEL PLANNING DEPARTMENT '03 DEC Z Aft 8 04 PLANNING COMMITTEE ELARINOFF LENINGRAD, CHAIRMAN, AND PLANNING COMMIS` ('~,4:_(--?I , MEMBERS CpUNT\' Hi1~^/,NI FAN ~ 361-8912 November 28, 2003 Re: Clifto's Zoning Request for O'oma Rezoning/SMA of O'oma 2nd, TMK: 7-3-9:22 Dear Counsel Members, Planning Committee, and Planning Department I testify on behalf of Na Keiki He'e Nalu O Hawaii, a public charity whose purpose is to preserve family building activities, preserve and continue Hawaiian cultural practices and promote community sustainability. For the past decade our group has personally done periodic clean ups of the O'oma area, policed and done sweeps to remove the homeless and drug addicts, as we have at Kohanaiki. These efforts have been documented in the nawy~pSnr`ur OVur Zhu years. U11!' h3Ve (alsed funds t0 SUpp.^rt OL'r nff~rtg S4 4ho M~rh !)L,ir group and our members have a personal interest and stake in the use, protection and proposed development of the u'oma parcel and request the Counsel's support in our efforts to make our Island a good place to live. 1. We oppose the request for zoning change and SMA Permit for the following reasons. We request the hearing should be continued to allow further testimony on the Kona side. 2. At a meeting with Mayor Harry Kim, Clifto verbally promised to donate and build a park in same manner Rutter/KW did at Kohanaiki, but Clifto has not fulfilled any of that representation in the plans presented or engaged in any good faith discussions to that end. Any permits or zone changes or should be expressly conditioned on developer's prior written agreement to donate the 280 acre makai parcel for a park, and build and maintain all improvements for the park with parking, bathrooms, showers, camping recreation, archeological preservation, ecological protection and with permanent and free access. This process worked well wtth Rutter/KW and we request the Council's support in requiring the developer to satisfy community needs by negotiating wtth community representatives to negotiate the terms of the public park, beach access and usage prior to and as a condition of any zoning or permits. The developer has no cooperated with communtty groups in negotiating terms of access and maintenance bLR has been contrary in all respects. 3. The public and native Hawaiians have the legal right of access for cuttLlral practices as well as public historical access along the old mauka makai road, and developer should not be permitted to close tt after a period of time or after development. It is a legal right which we intend to enforce in court if necessary. 4. The proposed plan and rezoning does not comply with the County General Plan. The high rise blocks seaward view planes, and it is of different and much higher density Comm. No. ~ Ref. To: h~ Ref. Uote