HomeMy WebLinkAboutCOM 0998.010 2006-2008
Preserving the North Kohala Coast
Planning Committee
Hawaii County Coun408 RPR 22 Rol 8 55 Fax rases 7671 pug=
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Planning Department T F _
101 Patrahi St., Suite 3 - co _
Hilo, H196720-3043 COIJ ! ; vmn~ a wire r
April 21, 2008 r- r•
Re: Support for Repeal of Ordinance No. 97 192 and Urge Rezoning T1N] 9) 5-9-1:8 to RA 20 acres
Aloha,
The six Nordt Kohala nonprofit organizations and groups signing this letter represent nearly 400 families
in North Kohala. We have testified at the Platming Commission rueeturp in August and December of
2001 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:
I ) There is very compelling documentation that development and construction actin ities upslope 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 send, molhtsks, 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 fares 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 al l 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 fi oar 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 A4-15 acres. There are many significant reasons to
support a. change of zone of at least AS-20aeres 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 asgjority of land in North Kohala is zoned Ag-20 acres.
b)The land immediately north of this parcel will most likely be rezoned to Conservation in the next
year (see item in, below).
Comm. No.`I R to
Ref. To: a? as&
Ref. Date APR 22 2nng
c) This coastline is home to the most munerous and intact, pre-contact archeological and cultural sites
in the State.
d)The reef immediately offshore of this area is aheady severely impacted by up-slope development
e)The parcel has steep slope with many gulcbes and rolling topography. Developing this parcel will
require cut and fill and will result in more resource degradation during and after construction.
t) There is absolutely NO takings issue or concern with the re-zoning of Kohala LLC to AS-20 acres
or 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 90 circuit Court of Appeals has upheld an Ohau
case that downzoned private property from resort to conservation for public benefit and resource
protection. There is no takings with the regard to the Kobala 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)Thc 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 be zoned Consen ation.
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-liming 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 Plarming Committee
Support for Repeal of Ord No 97102 and Revocation of SMA No. 379
Page 2 of 3
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 304- years of work of the community to protect this coastline.
Why compromise when there is no legal basis to require an Ag 5-acre comprotnise 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 Planting D'irector's recommendation to repeal ordinance No. 97
102. And use your authority today to support a re-zoning that is absolutely justified and needed. Please
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 Oroup
Kanoa Withington Fred Cachola
Kamakani 'O Kohala Ohana Malama Na Wahi Pana 0 Kohala
Gail Byrne Toni Withington
Malama Kohala Kahakai Hui Lihikai
Tevtimony - Hawaii County Council Planning Committee
Support for Repeal of Ord No 9' 102 and Revocation 4f SAW No. 379
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