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HomeMy WebLinkAboutCOM 0400.008 2002-2004 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 11/30/003 1%: 12 PH gPOhi A0E-326-[22?, Law Hawaii LLLC T0: 951-N912 PAGE: 00` GF 005 than both surrounding parcels, it does not provide for adequate resolution of traffic problems, d does not consider and preserve Hawaiian cuRural values, R does not preserve recreational assets. it does not preserve view planes. It does not address public recreational need and the need to gather food. It basically does not fit in with the area at all and allowing the spot zoning would be poor from a planning perspective creating a eye sore of urban high density development in the prime tourist corridor from the airport, in what is becoming a low rise, low density area recreational corridor. The high density should be saved, as provided in the General Plan for the downtown area, not out by the airport and beach areas. The General Plan (and as proposed (underlined)) requires the Council to:, • Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources.Protect scenic vistas and view planes from becoming obstructed. Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. • "Thrrnloh the Inning and Sirhdiyiginn Inrdinancgs,l G(?de3_ ?nd the Sner_.ial Management Area and shoreline setback regulations, the County of Hawaii has the means to protect the island's natural and scenic beauty as an integral part of the living environment of the island. Safeguards of this valuable asset are a major consideration [ofJ for any construction or development [which] that may alter, eliminate, or intrude upon Increase public pedestrian access opportunities to scenic places and vistas. • Develop and establish view plane regulations to preserve and enhance views of scenic or prominent landscapes from specific locations, and coastal aesthetic values. Maintain a continuing program to identify, acquire and develop viewing sites on the island. • Access easement to public or private lands [which] that have natural or scenic value shall be provided or acquired for the public. • Develop standard criteria for natural and scenic beauty [shall be developed] as part of design plans. Consider structural setback from major thoroughfares and highways and Ycl..~lll e...1...L.linh rlnueL..,mu..1 ~nrl rlminn nnirlnlinn.~ 4n nrnlnn4 i.nnnrMnl ranaur cawuuan ucrcivNuicn~ gnu ucalyn yw~cnnw w Nwacu~ unNul uani viewplanes. Specifically the Viewplane alone tueen Ka'ahumanu Highway going mauka and makaihas been specified as worthy of preservation. The Public Access Shoreline Hawaii (PASH} decision resulted from the implementation of the CZM and the SMA. This decision rendered by the Hawaii Supreme Courtin 1995 unanimously upheld the validity of native Hawaiian gathering rights that were asserted by PASH and other individuals during the SMA permit proceedings before the County of Hawaii Planning Commission. The decision spoke to the standing of Hawaiian gathering rights and the governments' duty toward protecting those rights. The natural resources of the island of Hawaii are the physical and environmental assets that are recognized as useful, valuable, and desirable These natural resources include. but are not limited to the land water air flora fauna soils, ocean waters. and shoreline. Some of these resources are Tinite and irreplaceable. However. several are replaceable at extreme cost and others are renewable. The island's grOWing population and expanding urbanization places a greater demand on the limked resource base. Thus, in order to conserve 1'L/30 /2003 1%:72 PH FEON: E0E-?26 '22t?, Law Nawsii LLLC T0: X61-N912 PAGE: 001 OF 005 these resources. best management practices and enforcement of zoning and environmental laws are critical. • Ideally, all residents should have convenient arcess to the most popular recreation facilities. such as playgrounds. gymnasiums. swimming cools and mufti-ournose community centers Although beach parks usually require suitable shoreline conditions. the popularity of shoreline activities mandate that beach Darks be established in relation to population distribution, even if the area does not provide the best recreational resource. Some districts have benefited more than others in terms of the number of facilities-based parks and beach narks relative to nonulation North Kona South Kona South Kohala and Puna have the least amount of County faciltties-based narks and beach parks in relation to population. State beach parks within the South Kohala and North Kona districts help to nrr~4 in na.?. s~ pf.hose rlefic!°~c'se~. Public access to the ocean and mountains have special recreational and cultural significance to the residents of this island community. Public access to coastal and mountain areas have been an essential element in the gathering of food- the transport of goods, and recreational purposes for both the island's residents and their ancestors In recoanttion of the need to provide residents with the right of free movement in public space and access to and use of these g~~blic coastal and mountain areas the Hawaii County Council adopted Ordinance No 96 17 in 1996 to require the dedication of land for public rights-of way as part of subdivision approval or the issuance of a building permit for the construction of amultiple-family residential development under certain circumstances. The County may also require the establishment of public r'whts~of-way as part of the issuance of other tvces of land use approvals such as chances of zone or Special Management Area Use Permits Based on the General Plan, the County should require the developer to donate, build and maintain a public park on the entire 1130 makai parcel owned by the developer as a condition to any development on the mauka parcel under consideration. 5. Developer has refused to cooperate with Na Keiki He'e Nalu 0 Hawaii and Kohanaika Ohana in prior clean up efforts. Developer is lying about his prior efforts. He promised to help clean and maintain the property but has refused to do so. The property is in the worst condition that it has been in over a decade due to Clifto's neglect and refusal to spend even small amounts to care for the land. His latest and recent efforts are a show timed with the rezoning request. The developer has not been cooperative or forthcoming with community groups. His posturing that he is cooperation is a sham. 6. We have reviewed and and agree with and support Janice Palma-Glennie's testimony for the Moku Loa Group, Sierra Club. 7. The entire development proposal is a sham. The developer has admitted he has not money, and merely seeks permitting and zoning to enable a sale of the property at higher value and is not presented in good fafth. In view of this, the Council should impose strict conditions on the limits of any development to be satisfied in written binding form binding all subsequent purchasers, prior to any approvals or permits in order to protect the 11i 34!2003 12:12 PH FRON: b0E-3^_6-2222, Law Hswaii LLLC T0: Sol-b912 PAGE: 005 GF OG5 ....LI:~ :J.....1 FlUUlll: II IICI Obl. Thank you for your help and I look forward to your continued support and working v~ith you to develop the park at O'oma. Very truly yours, J. James Sogi VICE PRESIDENT