HomeMy WebLinkAboutCOM 0400.073 2002-2004 04/16/2004 14:27 8063256322 XX PAGE 01
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1iQ~~n~• ~0'a~n~ aloha'aina
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DATE: APRIL 16, 2004 N
TO: CHAIRMAN ARAKAIQ AND COUNCIL MEMBERS
FAX: 961-8912
FROM: MAILS DAVID / KAREN EOFF
RE: O'OMA REZONING / CLIFTO'S REQUEST
Aloha, Chairman Axalxaki and Council members:
We axe OPPOSED to Cliftoe' plan to REZONE /develop the property at
O'oma and as)z you to vote against it. If the plan ie not billed at the first
reading or deferred on Apri121at, we ash that the final decision-malting
bearing vn this project be heard in Kona
Please include our testimony in the Council record.
Mahalo.
*r
P.Q Bnc 4753 • Kailas-Kau, FLwai7 96745 • Td (808) 325-0844• Fax {808) 315-(1321
www,IDO6anailti.aR+• ImhamikiPLma.rnt ~
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Ref. To: M°f°°~
Ref. Date ~~d
04/16/2004 14:27 8083256322 XX PAGE 02
P~nO { KE KANAWAt
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April 16, 2004
VIA FACSIMILE
Hawaii County Council
Committce on Planning
25 Aupuni Street
Hilo. HI %720
Re: Clifto Change of Zone Request - O'oma 2n°, North Kona
TMK: (3) 7-3-9:22
Aloha Chairman Atakaki and Council 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 council deny the change of zone
request at this time and that ficel decision making on this issue shall be at a council mceting to be
held in Kona. This project will have substantial impact s o» the Kona community
The subject request for zo»e 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 proposal is "conceptual" and therefore adverse
impacts cannot be ndequabely ide»tified and/or properly addressed The change of zone request
should »ot be granted at this time.
2) The request for change of zone will have significant adverse impacts upon the adjoin-
ing eonsesvation lands, public trust lands, open space and access and gathering nights.
3) This developer has not acted in good faith with the Kona commutty and its attempt to
participate in community building efforts have been less than meanungfiil. Clifto's sale of the
subject property demonstrates iYs lack of regard for issues of which it has been made aware of
a»d seeks a change of zone and SMA permit application to increase the saleability of the subject
property. This is developer-driven land use planning and not Alarming that will benefit the Koaa
commnnity as a whole.
4) Developer is »ow looking ib the County to grant a zone change and co»current SMA
permit that would enable it to better secure im+eators or a purchaser for this property. The
County's responsibility a»d duty does not require nor allow it to advocate on a developer's bchalf
via providing a means of increasing "marketability".
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5) A change to Project District will have substantial adverse impacts upon adjoining
conservation lands, the neighboring development at Kobanai'ki and the cutrem nature of uses in
the region as well as open space.
Matters coaceming issues specific to Kona should be heard in Kona. Meetings a»d
hearings on Kona issues that are held in Hilo act as a deterrent for public participation and
therefore important testimony and input from a vast majority of the Kona community will not be
heard and considered in the process. Input from the Kona community is very important to enable
our County agencies to properly identify, assess and consider potential impacts prior to granting
a request or application.
Decisions regarding land use have historically been decided by decision-makers who do
not live in Kona and therefore are ill advised of substantial issues and adverse impacts that may
occur as a result of such decisions. In the past decade, Wcst Hawaii has been iA the forefront of
landmark Supreme Court Decisions that upheld native Hawaiian nights and reminded govern-
mental agencies of its duties and responsibilities to consider potential impacts prior to making
land use decisions.
In closing I'd like to say that land use permitting has followed "past practice" and in most
instances failed to address the letter of the law I am hopeful that the letter of the law in this case
will prevail, a meeting or hearing will occur in Kona and an ultimate drnial of this request.
Mahalo a nui loa for this opportunity to submit comment
Sincerely,
r
~Maile David~L~
President
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04/16/2004 14:27 8083256322 XX r PAGE 04
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I~ohanaiI~i `0h~n~ ~ ~o>~
April 16, 2004
Re: Opposition to .I' 'e nnina~uewt for O'oma
Aloha Chairman Arakaki and County Council members:
I would Tike to urge this Council to deny Clifto'e request for rezoning of'0'oma II
from Industrial 3 acre to Project District.
Section 25-6-41 of the Hawai'I County Zoning Code addresses Criteria for estab-
lishing aProject District. It states that a project district may be established out of
public necessity and when the general welfare requires it in order to establish a continuity
in land uses. In addition, a Project District may only be established if it:
i.` is consistent with the Intent and purpose of the County General Plan; and
2. Will not result in a substantial adverse impact upon the surrounding area,
community or region.
The high density of Clifto's proposal is not in keeping with the County General Plan.
It is not consistent with adjoining land uses and it is clearly an example of "developer
driven" planning, not community based planning. This i5 a speculative project with no
direct benefit to our community, The cumulative Impacts to our roadways, scenic views,
access and gathering rights cannot be mitigated,
I have worked with the Kohanaiki Ohana since 1990 for the rights of citizens to
participate In agency hearings that afFect our quality of Iffe and future growth of the
island, Over 0 r.gidenta ahowr-~~ at th h ariq~ in Kona on this r asst t~ alyola~~
Q Ion the~rois-r+ Hnndrr~.ati of nosY~arde ti~~ mm;,~ + ~ un n wp..
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Droiect doss not m
ar~rw~p to the standards ~tab)~,.a r~hanai~j nor sops ~r mPe,
r r a o Is ~~v.
Sincerely,
Karen EofF
P.O. Bac 4753 • Kailas-Kam, Hawai7 9G74S • Td (808) 325-0844-Fax (BOS) 923-63zZ