Loading...
HomeMy WebLinkAboutCOM 0343.038 2012-2014 Pgelofl PICoaNCL%. Murashige, Laura ' OQAm 243 From: toni withington [sundownertoni @yahoo.com] 711!,'1 -6 fir$ 8: 53 4ir Sent: Thursday, March 06, 2014 8:32 AM To: counciltestimony @co.hawaii.hi.us Subject: Resolution 140-draft 3, public testimony Attachments: Kohala Kai testimony of Tw 3-2014.doc Attached is my written testimony for Resolution 140, Draft 3, scheduled to be heard before the County Council Friday, Mar. 7 at 9 am. Would you please make copies for the council members. mahalo, Toni Withington Comm.No, 3 (3 38 Ref.To: P CDNhli Ref.Date WAR 0 7 Z614 3/6/2014 Resolution 140 - Draft 3, Kohala Kai Testimony of Toni Withington, Hawi 1. By accepting the Kohala Kai GOE the County is getting a worse deal than it had already with the approved SMA permits. • With the current SMA approvals the county gets: ✓ 20-foot wide trails in safe places ✓ Land owner-maintained trails ✓ Parking area "within close proximity" to the mauka-makai trailhead ✓ County's right to call for a certified shoreline survey • With the Grant of Easement document the county gets: ✓ 10-foot wide mauka-makai easement ✓ 20-foot wide lateral easement in an unsafe place ✓ County must maintain and insure trails ✓ County must handle all costs of moving trail easement in case of erosion ✓ Parking about 300 feet from trailhead, half of which is on the highway pavement ✓ Council will unwittingly approve private uses and structures that are not part of the SMA permits or subdivision plans (see #3) 2. The GOE document is incomplete and the maps are unreadable • The GOE is not signed by the Mayor, the Planning Director and the Corporation Counsel • According to the notarial date, the signature of the land owner was for Draft 2, not Draft 3 • The maps have been changed from Draft 2 to 3 with no explanation to the County Council or the public. What are the changes? • The maps for Draft 3 are unreadable in their present form • The surveyor dates and signature are not visible or readable 3. The wording of the amended text may unwittingly permit uses not covered by the SMA permits or the subdivision plans • The new wording on page 5 of the GOE document says the County's "acceptance of this Grant of Public Access Easements is without prejudice to any existing rights to the ownership or use of the historical Ala Loa alignment within the Property." • The Planning Director on March 6, 2013 approved the alignment and construction of a private golf cart path on parts of the known Ala Loa trail and the public access trail. This path is not part of any approved SMA permit and is not identified on the subdivision maps. It could be interpreted as an "existing right" on the Ala Loa • The Planning Director on May 23, 2013 approved the development of a Community Building and Recreational Shed in close relationship to the Ala Loa. The director called them "existing entitlements" to the subdivision and SMA permits, however they were changes not in the permits or reviewed by the Planning Commission or public.