HomeMy WebLinkAboutCOM 0092.021 2004-2006 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
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subdivision rules and regulations.
The Planning Commissioners were told these access easements existed and therefore blocking the access
easements constitutes violation of the terms of the SMA 03-009 and REZ 03-014.
The Settlement and Subdivision Agreement did not say CP had the right to break the law or delay in
conveying the easements. CP is in breach of contract. It would be clearly harmful to the public's
interests for the Council to consider approving a rezoning which would lead to further subdivision when
there is a violation of the contract.
I am asking that you amend the conditions of the rezoning ordinance to:
Amend Bill 556 by adding the precondition that all conveyance documents for the public access
easements described in the Settlement Agreement must be drafted in compliance with HCC 34-4 and 34-
8 and filed with the Planning Director and approved as to form within ninety days of the approval of Bill
556 or the rezoning ordinance will be null and void. No exceptions.
Please feel free to call me about this matter.
Sincerely, ~ ~(,~,~u
Claudia Rohr 934-8040
2/11 /2005