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HomeMy WebLinkAboutCOM 0998.004 2006-2008 Preserving the North Kohala Coast Planning Committee Hawaii County Council 2008 MR 11 8M 8 34 Planning Department 101 Pauahi St., Suite 3 C' 1, f': r. Hilo, HI 96720-3043 UNI` March 10, 2008 Re: Support for Repeal of Ordinance No. 97 192 and Urge Rezoning TMK (3) 5-9-1:8 to RA 20 acres Aloha, The six North Kohala nonprofit organizations and groups signing this letter represent nearly 400 families in North Kohala We have testified at the Planning Commission meetings in August and December of 2007 and January of 2008 in support of the Planning Director's recommendation to repeal ordinance No. 97 102 and to revoke the Special Management Area (SMA) Use Permit No. 379 for TMK (3) 5-9-1:8. MOST SIGNIFICANTLY, the applicant does not meet the conditions for a time extension. The circumstances and contexts under which the application was initially approved have changed and must be considered: 1) There is very compelling documentation that development and construction activities upsiope of this area have already significantly degraded water quality. A State marine biologist has publicly stated that the reef immediately offshore of this property has been severely impacted and is "a mess". Low-lying coral has been killed and is now covered by a layer of filamentous algae and everything that lived in the sand, mollusks, worms and urchins, is dead. Please see the attached photos. The scale of damage in this area, immediately offshore of Kohala LLC, is significantly greater than the damage that precipitated the EPA investigations and fines against Hokuha. Additional development of any kind will only contribute to this problem, especially development on this parcel that borders the ocean. There are no best management practices (BMPs) on the planet that can guarantee no further degradation. 2) There is an even greater body of evidence and support that the proposed Kohala LLC project is not at all aligned with what the community has consistently expressed with regard to preserving the coastline. The input received in the last two years during the community readiness program for the North Kohala Community Development Planning (CDP) process and the draft recommendations emerging from the focus groups for the CDP, including a call for rezoning the State coastal lands to Conservation, clearly identify preserving this coast free of any development. We support re-zoning TMK (3) 5 - 9- 1-8 AND we urge the Council to please introduce a floor amendment to re-zone this area to Ag-20 acres or Ag-15 acres. There are many significant reasons to support a change of zone of at least Ag-20acres and many of these reasons were documented in previous testimony. In summary Ag-20 acres is the most appropriate zoning for this parcel because: a) The vast majority of land in North Kohala is zoned Ag-10 acres. b)The land immediately north of this parcel will most likely be rezoned to Conservation in the next year (see item m, below). Comm. No. q1264 Ref. To Nttttd Ref. Dote c) This coastline is home to the most numerous and intact pre-contact archeological and cultural sites in the State. d)The reef immediately offshore of this area is already severely impacted by up-slope development. e)The parcel has steep slope with many gulches and rolling topography. Developing this parcel will require cut and fill and will result in more resource degradation during and after construction. f) There is absolutely NO takings issue or concern with the re-zoning of Kohala LLC to Ag-20 acres cr Ag-15 acres. Annual reports were not filed and the required progress was not made. For whatever reasons, the required conditions were not met - the applicant did not follow the required procedures. Again, there are no takings here. The 9" circuit Court of Appeals has upheld an Ohau case that dowazoned private property from resort to conservation for public benefit and resource protection. There is no takings with the regard to the Kohala LLC proposed re-zoining. g) There is certainly cause for concern about lawsuits that will force the County to take action to protect natural resources from the cumulative effects of development as allowed under the Clean Water Act and under the Coastal Zone Management Act, and certainly to uphold the Public Trust Doctrine of our State Constitution. Rulings have upheld the validity of the Public Trust doctrine to trump private land rights specifically for the protection of water and beneficial uses. h)The North Kohala community has been working for 30+ years to preserve this coastal area makai of Akoni Pule Hwy in open space. i) The community has repeatedly asked over the years that this coastline he zoned Conservation. j) Over 8,000 signature have been gathered in three separate petitions asking for protection of this coast, including this area. k)The Growth Management focus group for the North Kohala Community Development Plan has recommended greater protection for the North Kohala coastline, including a cultural district overlay that will provide better protection for the cultural and natural resources of this coast. 1) Over the last 30 years, there are multiple resolutions and plans at the State and County level calling for greater protection of this coastline, including purchasing private parcels. m) Currently before the legislature is House Bill 2607, which calls for the re-zoning of all State lands makai of Akoni Pule Highway in North Kohala to Conservation. This bill passed both the House Committee on Water Land and Hawaiian Affairs and the House Committee on Agriculture. Organizations from around the State have testified in support of HB-2607 including the University of Hawaii and the Office of Hawaiian Affairs. DLNR has stalled the bill, and the Economic Development and Business Committee is drafting a resolution to move the re-zoning effort forward. However, after we spoke with the Director of DLNR, we are confident that there is a way to work with DLNR and the lands will be appropriately rezoned to Conservation. We understand that Ag-5 acres is a compromise. But compromises are not always appropriate and why compromise at the expense of irreplaceable reef resources that have a measurable economic value? An Testimony - Hawaii County Council Planning Committee Support for Repeal of Ord No 97101 and Revocation of &MM No. 379 Page 2 of3 Ag-5 acres compromise is one more nail in the coffin of this precious resource and it is contrary to sound planning (which provides buffers between built environments and irreplaceable natural and cultural assets) and Ag-5 acres is contrary to the 30+ years of work of the community to protect this coastline. Why compromise when there is no legal basis to require an Ag 5-acre compromise and why compromise when there are many, many compelling reasons to re-zone to Ag-20 acre? One of the reasons we are here today is because the applicant did not follow the rules and the time to exercise conditional entitlements expired, But the real reason we are here today is because over the decades the County has not listened to the community and neither the County nor the State have been responsive in providing any meaningful protection for this coastline. Please hear us today. Please support the Planning Director's recommendation to repeal ordinance No. 97 102. And use your authority today to support a re-zoning that is absolutely justified and needed. Pleasc re-zone this parcel to rezone this area to Ag-20 acres. Thank you for your consideration and proactive actions. Aloha. Stephanie Naihe Laxton Mike Isaacs Maikai'i Kamakani 'O Kohala Kohala Historic and Cultural Preservation Group Kanoa Withington Fred Cachola Kamakani 'O Kohala Ohana Malama Na Wahi Pana O Kohala Gail Byrne Toni Withington Malama Kohala Kabakai Hui Lihikai Testimony - Hawaii County Council Planning Committee Support for Repeal of Ord No 97102 and Revocation of SM4 No. 379 Page 3 of 3