COM 0092.021 2004-2006 - Laserfiche WebLink

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Page 1 of 2 Germano, Loren From: Claudia Rohr [claud@hilo.netl Sent: Tuesday, February O8, 2005 8:51 PM To: "counciltestimony@co.hawaii.hi.us'; chris_yuen@co.hawaii.hi.us; Safarik, Gary Subject: public access to the shoreline in Pepeekeo RECEiy%~p . RE: Opposing Bill $56 due to no compliance with Chapter 34. i~me.,_ uate__ r~ ' lid- Q Dear County Council Members and Planning Director, ~ I wish to report two occurrences I feel the Council members and the Planning Director should l thoroughly investigate prior to the first reading of Bil] 556. 1) Continental Pacific LLC has put up no trespass signs up on what was described to both the Planning Commissioners (SMA and REZ hearings) and to the Council members as an existing public vehicular easement and parking lot along the top of TMK (3) 2-8-8-100. Also, barb wire fencing has been erected to fence off the lateral pali trail in the middle of TMK (3) 2-8-8-100. There are no signs explaining this move. Fencing out the public from the access easements has happened in the past and there is nothing fiom stopping it from happening in the future because the County does not control the easements. 2) Continental Pacific LLC ("CP") subdivided 1300 acres in the January, 2003 Increment I and sold approximately 70 lots. CP has failed to file conveyance documents for the public access easements with the Planning Director to meet the legal requirements for final subdivision approval, as required by Hawaii County Code Chapter 34. I want to remind the Council members that Chapter 34 states: * Article 2. Administration. Section 34-4. Application: A subdivider or developer of amultiple-family development shall, as a condition precedent to final approval of a subdivision or issuance of a building permit for amultiple-family development, dedicate land by right-of--way in fee or easement for public access from a public highway or public street to the following: (1) Public shoreline areas and the land below the shoreline; and * Article 4. Dedication of Access. Section 34-8. Subdivision of land: (a) Upon review of a subdivision application, when it is determined that public access must be provided, the subdivider shall file the executed documents for dedication of the public access, free and clear of all encumbrances with the director. (b) Prior to final subdivision approval, the dedication documents shall be reviewed and approved as to its form and content by the appropriate agencies. The director may thereafter grant approval to the subdivision in accordance with the subdivision rules and regulations of the County. (c) The public access shall be clearly designated on the final map of the subdivision in accordance with the Comm. No. Z• Ref. To• Fresed~ ` R=f. too+A, FF BSS zil 1 izoos