COM 0092.040 2004-2006 - Laserfiche WebLink

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Claudia Rohr 369 Nene St. Hilo, HI 96720 96720 934-8040 Apri16, 2005 RE: Bills 355 and 356 Dear Honorable Chair Gary Safarik and County Council Members, PUBLIC ACCESS SHORELINE HAWAII ("P.A.S.H.") is a citizen's organization which is centered around protecting public rights to access public coastal lands for subsistence usage and recreation. We oppose passage of Bills 355 and 356. P.A.S.H. opposes any more approvals for development in this case where the initial Subdivision 7644 was finalized without full consideration for protecting public access to the shoreline and without due process or equal protection under the law. Public access to the shoreline was compromised in part by procedural irregularities involving required County Council approvals. Public access to the shoreline for Continental Pacific, LLC's initial increment I (Subdivision No. 7644) does not comply with HCC Chapter 34 spacing requirements nor have the public access easements committed under the April 12, 2002 Settlement Agreement for Board of Appeals and Subdivision of Continental Pacific, LLC's Lands been properly notated on Subdivision 7644 plan, as required by law. This initial subdivision No. 7644 covered 1300 acres, including the creation of Bulk Lot 70 containing part of the project azea now being considered for proposed development. SUB 7644 received final approved in .lanuary 2003 despite this irregularity. The public accesses for SIJB No. 7644 have not been created and perfected by any means and it is not proper procedure for the County Council to review and approve Bills 355 and 356, which would allow Continental Pacific, LLC to proceed with acquiring new land use approvals without the County and the public receiving and reviewing the public access easement conveyance documents for the underlying SUB No. 7644. Mr. Yuen is mistaken and needs to consult the SUB No. 7644 map and HCC Chapter 34. Here are the facts of law: 1) By definition in HCC Chapter 34 public access must be continuous from a public highway or public street to the shoreline. The public accesses to the shoreline as committed in the April 12, 2004 Subdivision Agreement aze not properly included on the subdivision 7644 map. The Settlement Agreement states in part C.2: There shall be public vehiculaz access allowed on Pepeekeo Mill Road [R-I and R-2], and along the Old Railroad right-of--way [R-3, R-6, R-5], the present road along Waimaauou Stream (unless equivalent vehicular access is provided) [no easement shown for access over lot 98], a new 10-foot wide driveway from Railroad right-of--way down along Kapehu Stream to the public access pazking area at the Beach Road cul-de-sac [P-17], and along the segment of road leading makai from the Banyan Tree on TMK (3)2-8-9:1 [R-7], to various public parking easements, as shown on Exhibit "A." Comm. No. -1 Ref. To:~y~ Ref, vote APR 6 ~nn~