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Home My WebLink AboutCOM 0092.036 2004-2006 PROJECT PLANNERS HAWAII 5375 Kalaniartiaole Highway Honolulu, Hawaii "96821 April 4, 2005 County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Tcstrimony on Bill 356 Continental Pacific 1,LC Pepeekeo. South Hilo. Hawaii Dear Council Members: Council Member Virginia Isbell informed me on April 1. 2005, that the Continental Pacific LLC hereinafter ("CP") hearing on Bills 355 and 356 was postponed for one month. I would appreciate being informed of the new hearing date as soon as it is set so I may plan accordingly. As requested in my testimony at your last hearing, 1 would appreciate receiving a copy of the dedication document(s) together with maps therefore so my clients Hawaii Fishing News and Hilo Casting Club will have adequate time to reviev~ and mak: comments on them prior to the next hearing. [feel this public input and partieipatien is very important. This is especially important as the comments will come from actual users of the subject access areas. In speaking to Mr. Steven Lim. Fsq. attorney for CP, surveyors for CP have recently surveyed the easement areas and it will be a whi]e before legal descriptions therefore are completed. Further the Pepeekeo Communit<j Association ("PCA") has declined acceptance of all easements based on legal issues arising from liability and maintenance. 'T'his circumstance leaves only one Grantee for said easements, being the County of Hawaii. Steven also mentioned that the hearing for March 6, ?005 is still scheduled. 1 respectfully ask all Cow~cil members to vote for a postponement of said hearing on Bill 35fi until such time Continental produces the easement documents as mandated by the Council. These documents arc the basis for public comment and review, and if submitted at the "eleventh" hour, will cause hardship on my clients. They have a genuine concern these access points be conveyed to the County prior to rezoning and further development. In my Fax Transmission dated April 1, 2005, providing written testimony to this honorable Council, a copy of which is attached hereto, I raised several other issues similar to PCA's. being maintenance of the public access points and sanitary facilities for resident users. These concerns are still important R~r obvious reasons. l hope they can be resolved with CP as in past precedents iu West I lawaii. Public rights to the shoreline are protected under Chapter 34 and in this insi,mt case supported by testimony before tL•e cAt>M.. No. ~.•3b Ref. 70: Pra+a~ Ref. Late Honolulu Phone (808) 373-2989 • Kona Phone (808) 329-9724 -Kona Fax (808) 326-2789 County Council Testimony on Bill 356 Apri14, 2005 Page Two Council. 1 sincerely hope this matter will be judiciously handled by a postponement on March 6, 2005 and rescheduled to a later date after the easement documents are tendered for a timely review and comment period. This request is not unreasonable in view of the time period previous to March 6, 2005 and the years CP has delved into this matter with PCA and the Planning Department Your kind consideration of this request will he sincerely appreciated. Respectfully submitted, Gregg Kashiwa Project Planners Hawaii PROJECT PLANNERS HAWAII 5375 Kalanianaole Highway • Honolulu, Hawaii 9T821 FAX TRANSMISSION TESTIMONY ON BILL 356 CONTINENTAL PACIFIC LLC April 1, 2005 County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Bi11356 Continental Pacific LLC Shoreline Access Easements Pepeekeo, Hawaii Deaz Council Members: I write to report on your request to Continental Pacific LLC to submit all easement documents pertaining to public access to the shoreline for local fishermen to the Planning Department prior to the next Council hearing on Bill 356 that is scheduled for April b, 2005. As of this date, April 1, 2005, nothing has been filed at the Plarming De artment. My previous testimony included a request for copies of the easement documents for review by my Clients Hawaii Fishing News and Hilo Casting Club. I personally went to the Planning Department after the last Council heazing on the subject bill to look at the map referred to by Planning Director Yuen filed as Subdivision No. 7644. May I report my findings to you. The map is on a single three by five sheet of paper depicting approximately 80 lots. 84 easements are shown thereon. They aze in favor ofthe following: 1. Easements R-I to 8: Pepeekeo Commurrity Association for road and utility purposes. 2. Easements D-1 to 42: Pepeekeo Community Association for drainage purposes. 3. Easments P-1 to 18: County of Hawaii for public access and parking purposes. 4. Easements U-1 to 6: Pepeerkeo Community Association for utility purposes: Finding each easement on the map is not easy and in many cases verb difficuh to determine. Easements P-1 to 18 in favor of the County of Hawaii for public access purposes aze mandated by Chapter 34, Hawaii Revised Statutes, and at bare minimum should be conditioned in the Rezoning and Land Use Boundary Amendment ordinances being Council Bills 355 and 356. Honolulu Phone (808) 373-2989 • Kona Phone (808) 329-9724 • Kona Fax (808) 326-2789 Testimony on Bill 356 Gregg Kashiwa Project Planners Hawaii April 1, 2005 Page Two Easements P-1 to 18 for public access purposes to the County of Hawaii for vehicular, pazking and pedestrian purposes to five (5) public access points along the shoreline should be deeded inunediately to the County of Hawau as required by law without limitations on hours of use (especially for night fishing). I question who will provide restroom, water and sanitary facilities at the five fishing access points? Additionally, who will maintain the parking azeas as none aze paved. While on the subject of parking areas neaz the pedestrian easements to the shoreline, please be informed of the five (5) "mini" public parking areas being proposed: Easement P-3: 1,132 sq. ft. (25' x 45') bazely sufficient for 4 cazs Easement P-6: 1,089 sq. ft. (25' x 43') bazely sufficient for 4 cazs Easement P-7: 4,007 sq. ft. (50' x 80') parking for maybe 15 vehicles Easement P-9: 2,657 sq. ft. (50' x 53') pazking for maybe 8 vehicles Easement P-16: 3,005 sq. ft. (50' x 60') pazking for maybe 10 vehicles Continental Pacific has verbally made statements and promises to this honorable Council, the Pepeekeo Community Association and the Planning Department for over four (4) years on these easements. At this late date, I request the Council defer action on Bill 356 until said easement documents aze delivered to the County for recordation, and in the absence of such, deny the subject requests in Bills 355 and 356. Respectfully submitted Gregg Kashiwa Project Planners Hawaii