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Home My WebLink AboutCOM 0821.005 2002-2004 Planning Committee Hawaii County Council Hilo, Hawaii November 9, 2004 Aloha Council Members, RE: Continental Pacific LLC, REZ ordinance 355 to rezone portions of Pepeekeo Point to residential to allow for an eleven lot subdivision. I am here to make sure this development project doesn't blow up in everyone's face like Hokulia. Here are somethings that must to be addressed to properly proceed. 1) A legal review to determine if rather than being a "Settlement Agreement" that document is in fact a Development under HCC Chapter 30 and therefore illegal. 2) Pepeekeo Mill Village ball fields and the adjacent open shoreline area is clearly a portion of land set aside for public recreation a long time ago before the subdivision code was developed. The public has been continuously using it. You need to do a legal review to confirm its status and preserve it before you subdivide it out of existence. 3) Make an accounting of the status of all of the developer's obligations and use the rezoning ordinance to resolve numerous issues of non compliance. 4) The legal requirements of HCC Chapter 34 Public Access are not discretionary and there are irregularities and inequities in Continental Pacific's subdivision. This rezoning ordinance should be used as leverage to obtain compliance with the requirements of Chapter 34 as follows: * Continental Pacific has not complied with Chapter 34 requirements for spacing of mauka makai access easements and failed to obtain required County Council approval. * There is still no convenient parking and public access to the shoreline that will accommodate the disabled or elderly. * Openings in fenced areas are too narrow as currently constructed. I had trouble negotiating their way through them. This has not changed for over a year although several people have made complaints. * Signs identifying Public access ways and parking have not been posted. Gates currently discourage the public. Signs should be posted on gates to provide public access - 811-5 comm. No. Ref. To: i1 j. _ o Q4 information such as the hours the gates will remain open and information on who to contact to sign up for night time fishing. * There is only partial compliance with legal requirements to establish public access easements in subdivision documents by survey. File Plan 97644 needs amending because most access easements dead end on an undedicated road. * There has been a failure to create public easements with a continuous connection to a public road. Access easements dead end on non-dedicated roads. File Plan 7644 needs to be amended. * Continental Pacific, LLC failed to file the executed documents for dedication of the public access easements with the Director for its first incremental subdivision, approved almost two years ago. * CP is still laying out the trails on the ground and it is not. clear if the lateral trail is continuous. How can mauka makai access spacing be approved without pinning this down specifically. *Continental Pacific needs to complete the construction and Hawaii County Planning Department needs to inspect and approve it so the public accesses can be opened. There are environmental problems: * the Hilo Coast's Power Company's coal ash pile is operating in violation of the zoning code and its solid waste permit. * The coal ash has piled up for years without significant reuse. It is no longer considered to be a temporary stockpile. * The coal ash pile no longer meets the definition of recycling. It is considered to be a special waste landfill and needs a solid waste management permit to establish a solid waste disposal facility. *It is not an appropriate location for a disposal site. The drainage features used to settle out coal ash from storm water run-off is in the SNIA. It is too close to the ocean and has been the source of pollution. * The DLNR aquatic resources division are trying to deternne if there have been irregularities in the Bottom Biotic Biology Reports which study the health of the coral off shore. It appears that almost half the coral species have disappeared since this coal pile started building up and they will be trying to determine if this is significant ecologically. * The coal ash pile has tilled two intermittent dry stream beds and has drainage problems which has started to cause erosion of the pali from diverted run-off. * A thousand acre subdivision is being established around an open dump without proper disclosures. The parcel the coal ash pile is on has reduced value and the asset value of the property is quickly diminishing by each and every subdivision approval. C. Brewer is closing shop next summer. A performance bond needs to be required now or the County may be holding the bag. * The Planning Department has been ineffective in resolving these issues and is responsible for allowing the facility to continue illegitimately without permits. They have issued misleading zoning clearance forms and provided "temporary" zoning clearance letters to the DOH solid waste division to certify that this facility was in compliance with local land use laws when no compliance exists. * Perspective real estate buyers can't find clear information concerning this facility in the Planning Director's files. * the County can be sued for allowing this to happen. * The coal ash pile can be abandoned and the County prosecuted for their role neglect. erely, i ~erry Rothstein re s. PASH 76-123 Royal Poinciana Dr. Hawaiiisland, 96740 ATrA P-5 ZONING CLEARANCE FOPM TO THE APPLICANT: Please be advised that a re ,uirement for the issuance of a Solid Taste Management Permit in Hawaii is that the facility meet all local zoning and land use regulations. in order that the OSWM may determine whether the facility is in compliance with local land use policy we require that this attachment be completed and signed by the appropriate county land use/planning agency (on Oahu, contact the Department of Planning and Permitting.) No application will be reviewed unless this form has been properly completed and returned. Applicant: C"41-ne l ~C~t ~t4 r j ~ 6A Name and phone number otprimary contact/agent. A.. PkA&ra M Address ofproposedfacility: } ken AX 61djaaMAtY~.( Tax They Rib(s): _ -a-f27-01 'type of proposed facility f e.g, waste processing, waste storage krndoor or outdoor), recycling, compostvmg,wa;to disposaletc.': a / ~f ,3/ogAe (h!»; te•~tn4 teat sash -(r®w ~ County Agency Approval: The Current Zoning of the Proposed site for the Proposed Activity /Facility /Operation is- °~?~A~i~ Appropriate !Allowed Conditional - Use Permit required 0 CUP application submitted Special Management Area Permit required SiMiA application submitted Nat Allowed f Name: elc~7r4rcfll_~lJ..... Title: ge /.<fe~ Agency: Ax ~ Signature: recyclesalvage 11/97 7