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Home My WebLink AboutCOM 0998.015 2006-2008Murashige, Laura ~r~ ' :,_ [ ,1 ~~~ From: Council Testimony [counciltestimony@co.hawaii.hi.us] ' Sent: Wednesday, September 10, 2008 7:52 AM rl 7 57 To: 'hawaiicountycouncil@yahoo.com' 2008 SEP ld Al Cc: Eoff, Karen Subject: FW: for Sept 10 morning testimony ' ~,~++ Ip, ~ ~ ~!_':;-'. Attachments: 080909 Pln Comm Council Kohala Ranch testimony.pdf; ATT0001~3.txt 080909 Pln Comm ATi00013.txt (61 Council Kohala... B) -__._ _.. P/COONCIL `Bill 237 (Comm. 998:) -----Original Message----- From: Gail Byrne [mailto:gailbyrne@hawaii.rr.com] Sent: Tuesday, September 09, 2008 7:31 PM To: counciltestimony@co.hawaii.hi. us Subject: for Sept 10 morning testimony Aloha, If you don't mind, please distribute the attached testimony to the Council tomorrow morning, Wednesday Sept 10, before the 10 AM public testimony. Thank you, Gail Byrne 938-8880 ~~. ~ 998. is Ref. To, ~-awhr ~ Raf. Date .20_ pg Preserving the North Kohala Coast Hawaii County Council 101 Pauahi St., Suite 3 Hilo, HI 96720-3043 September 9, 2008 Re: Support for Bill 237 -Rezoning TMK (315-9-1:8 to RA 15 acres Aloha, The six North Kohala nonprofit organizations and groups signing this letter represent nearly 400 families in North Kohala. First and foremost, we wish to thank the Council for its unanimous support in passing RA 15 acres zoning for this property earlier this year. Your historic vote buoyed the spirits of the community that have been working in North Kohala for over thirty years to preserve this precious coastline and the near shore marine environment. There are many significant reasons and facts that support this change of zoning, which have been documented in previous testimony and are summarized below: a)This coastline is home to the most numerous and intact, pre-contact archeological and cultural sites in the State. b)The vast majority of land in North Kohala is zoned Ag-20 acres. c)The reef immediately offshore of this area is already severely impacted by up-slope development. d)The including a cultural district overlay that will provide better protection for the cultural and natural resources of this coast. Kohala LLC did not meet the conditions for a time extensions and the circumstances and contexts under which the original zoning and permits for this parcel were approved have significantly changed including, 1) Very compelling documentation that development and construction activities 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 sand, mollusks, worms and urchins, is dead. 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 Hokulia. 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. e)The land immediately north of this parcel will most likely be rezoned to Conservation in the next year (see item m, below). f) 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. g)There is absolutely NO takings issue or concern with the re-zoning of Kohala LLC to 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`h 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 Kohala LLC proposed re-zoning. h) 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. i) The North Kohala community has been working for 30+ years to preserve this coastal area makai of Akoni Pule Hwy in open space. j) The community has repeatedly asked over the years that this coastline be zoned Conservation. k) Over 8,000 signatures have been gathered in three separate petitions asking for protection of this coast, including this area. l) 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) The North Kohala Community Development plan calls for the re-zoning of all State lands makai of Akoni Pule Highway in North Kohala to Conservation. A bill was introduced this last legislative session to downzone these State lands and 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. The bill was killed by the Office of Planning who had concerns regarding the cost of downzoning but after conversations with the DLNR, we are confident there is a way to honor the intent of the bill. 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 in the past, 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. But with your historic vote in April, the community now feels heard. Please continue the process of sound community planning by supporting the rezoning of this property RA 15 acres. Support for Bill 237 -Rezoning TMK (3) 5-9-1: 8 Page 2 of 3 Thank you for your consideration and proactive actions. Aloha, Stephanie Naihe Laxton Maikai'i Kamakani'O Kohala Kanoa Withington Kamakani'O Kohala Ohana Gail Byme Malama Kohala Kahakai Mike Isaacs Kohala Historic and Cultural Preservation Group Fred Cachola Malama Na Wahi Pana O Kohala Toni Withington Hui Lihikai Support for Bil/ 237 -Rezoning TMK (3) 5-9-1: 8 Page 3 of 3