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HomeMy WebLinkAboutCOM 0343.030 2012-2014 P c fl COQ, . I `° L.T V P COMM. ' 3 Murashi a Laura ff !' From: Diane Kanealii [dkanealii02 @gmail.com] 20i3 ON ' 6 P 1. 05 Sent: Thursday, December 12, 2013 7:23 PM To: Wille, Margaret; counciltestimony @ co.hawaii.hi.us; Brenda Ford; dkanuha @co.hawaii.hi.us; donishi @co.hawaii.hi.us; gilagan @co.hawaii.hi.us;jyoshimoto @co.hawaii.hi.us; keoff @co.hawaii.hi.us; vpoindexter @co.hawaii.hi.us; zkern @co.hawaii.hi.us Subject: COUNTY COUNCIL please "DO NOT TO ACCEPT THE EASEMENT AS PROPOSED BY KOHALA KAI, LLC until all issues are resolved Resolution 140-13: Kohala Kai, LLC threatens public and traditional ala loa use FACT: The ala loa trail provides public access along Hawaii's shoreline and is a traditional, native Hawaiian resource. THREAT: If the County Council passes Resolution 140-13, a dangerous precedent in favor of exclusive, private coastal development will be set as Kohala Kai, LLC is approved to destroy a segment of the ala loa trail. EFFORTS: Representatives from the North Kohala Community Access Group, the NKCDP Action Committee, Kailapa homestead, and E Mau Na Ala Hele have all requested that public coastal access easements be located on the historic ala loa trail. Public testimonies before the Finance Committee on December 3rd unanimously disapproved of Resolution 140-13 and delayed the decision until December 17, 2013 giving the developer an opportunity to work with the community. They have not contacted us nor did they attend the SK CDP meeting on 12/9/13 called specifically to invite the developer to do a presentation giving them the opportunity to meet with community members. ISSUES: 1. The Planning Department failed to identify the jeep road at Kohala Kai as the ala loa. 2. Kohala Kai LLC and the Planning Department apparently ignored the North Kohala Community Development Plan which calls for the ala loa and traditional trails for shoreline access. 3. Kohala Kai LLC's public parking, supposedly "in close proximity to the mauka-makai trail," is provided 100yds away from the trail and requires a 160ft walk along the highway. 4. Kohala Kai LLC constructed a shoreline trail away from the ala loa prior to a Public Access Plan and Planning Department review and approval, in violation of the SMA. Location of the trail lacked any public review. 5. The Planning Department allowed Kohala Kai LLC a private golf cart path over the known ala loa as well as a recreational center and canoe "hale" for exclusive residential uses, even though they are not included in Kohala Kai LLC's permit applications. The proposed hale site is a known significant archeological site. 6. Trail maintenance responsibility of the shoreline trail was shifted from Kohala Kai LLC and its successors to the County and the size from "a minimum 6-foot wide walking area with a graded earthen surface" to "a cleared or constructed earthen surface. Which means your tax dollars will pay for the maintenance. 7. No easements preserve reasonable access to the cultural, historic and burial sites. COMMUNITY IS REQUESTING THAT THE FOLLOWING ACTIONS BE REQUIRED BEFORE EASEMENT IS APPROVED AND ACCEPTED BY THE COUNTY: 1. Survey of ala loa trail/jeep road alignment and registration with Historic Sites Preservation Division and incorporated into the Ala Kahakai National Historic trail 2. Revision of Public Access Plan and subdivision plat maps for all three subdivisions to show the ala loa as the public access. 3. Revision of Public Access Plan to meet recommendations of the SMA permits and to include native tenant rights and traditional and customary practices, including ocean access at the canoe landing. 4. Withdraw approvals for golf cart path and private clubhouse. 5. Per original agreement, Kohala Kai LLC be responsible for the maintenance and upkeep of the vertical and lateral public access areas. 6. Planning Dept. and County Council has to work with the Community Development Plans 7. Mahalo, Diane Kanealii, President, Kailapa Community Association Comm. No. 3�'3' `30 Ref.To: P/PG Ref. Dote UtC 1. 7 Mg 12/16/2013