HomeMy WebLinkAboutCOM 0343.021 2012-2014 12-03-13;0g:2R,AM; KOHALA EAMILy HEALTH CENTER ;80888R0107 # 1, ,
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Comm. No. 3 413 ,a I
Ref. To: eLeg.__
Ref. Date_DFC 3 2 013
12-03-13;99:28AM; K_OHALA FAMILY HEALTH CENTER ;8088890107 # 21
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NA ALA HELE
ee P.O.BOX 6384
ho RAMUELA.HAWAII 96743-6384
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December 2, 2013
Testimony Re: Grant of Public Access Easements for Kohala Kai, LLC
Resolution No. 140-13
Aloha Members of the Hawai i County Council:
We, the Board of Directors at E Mau Na Ala Hele, urge the Council to postpone
voting on the Grant of Public Access Easements (GOE) until flaws in the GOE can
be resolved and fixed. As it stands now, Kohala Kai, LLC has taken the position
that they have completely satisfied their public access requirements although .
missteps by the Planning Department have resulted in a defective GOE.
A few of the errors are:
1. The width of the public access easements in the GOE is inconsistent with the.
width required in existing permit approvals. The public access easements in
the GOE are 10-feet wide while the SMA Major Use Permit No. 06-10 and the
approved Subdivision (SUB 7495) for the development require a 20-foot
wide easement. How did the public lose 50% of access easement?
2. SMA Major Use Permit No. 06-10 appears to have expired. This permit
authorizes further subdivision of the property and although an extension of
time to meet the permit requirements could have been requested, this does
not seem to have been done. Can approval of SUB 06-297 (tentatively
approved in 2009) proceed without a valid SMA Major Use Permit?
3. Alignment of the public access easements as specified in the GOE is not in.
the County's best interests. Approximately 160 feet of the public access is
located on the paved shoulder of Akoni Pule Highway and portions of the
existing coastal trail are too close to the cliff. Evidence of ongoing erosion
of the public access easement due to wave action is plainly visible. It doesn't
make sense for the County to accept responsibility for potentially hazardous
and poorly located easements. The GOE allows for movement of the trail
inland (at County expense) and that appears to be necessary already, even
before acceptance of the easements.
'12-03--18; 09:28AM; f0H„LA FAMILY HEALTH CENTER ;8CT888901n7 #
4. Adequate consultation with knowledgeable community representatives has
not occurred. A process for consulting with people who are most likely to
use the public access easements is woefully lacking. This lack of a clear
process results in time-consuming controversies, like this one, that are
preventable.
The GOE states that "The Public Access Easements shall not be officially open to
the public until this Grant of Public Access Easements has been accepted by the
County of Hawaii." The public is relying on the Planning Department, Mayor,
and County Council to ensure that public access is properly provided in this
area now, and in the future. This is an important decision with consequences
for future generations.
We ask that you postpone acceptance of the GOE until resolution of outstanding
issues can be demonstrated. We suggest that the Planning Department clearly
address the above concerns and questions and present the Council with an
amended GOE that includes serious consideration of the concerns of the public,
provides for safe access, and is built to last.
Mahalo for your consideration,
Keith Wallis
Board of Directors
E Mau Na Ala Hele
808-889-0224
emau(pawaiiantel.net
CC: Members, Hawaii County Council