HomeMy WebLinkAboutCOM 0187.003 1998-2000 ERIC T. MAEHARA
ATTORNEY AT LAW
A LAW CORPORATION
TELEPHONE: GROSVENOR CENTER, MAKAI TOWER FACSIMILE:
(808) 528-5004 71} BISHOP STREET, SUITE 25}0 (808) 511-4747
HONOLULU, HAWAII 96817
May 4, 1999
Councilwoman Nancy Pisicchio RECEIVED '
County of Hawaii -Kona Branch Ama___-__.-- sy
77-6399 Nalani Street, Suite 104 Data______- -~~~1~9---.-._____.,,
Kona, Hawaii 96740 ~
-~01"_~ -
Re: Kahakai Development
Deaz Councilwoman Pisicchio:
It has been brought to my attention that Councilman Curtis Tyler will request that the
Council hold a public heazing on the bill to amend Ordinance 91-21 relating to the conditions
imposed upon this Kahakai residential subdivision project. I understand your opposition to the
project as is being presently proposed; however, I would urge that you vote against a request for
a public hearing for the following reasons:
1. As you recall, during the Planning Committee meeting on April 7, 1999,
Councilman Tyler insisted on certain amendments to the proposed bill. We
agreed to a 10 meter or 33 foot buffer on each side of the Kuakini Wall. We
agreed that the breach of the wall will be done pursuant to a plan approved by the
Planning Director, monitored by a qualified azchaeologist, and done by
mechanical and non-mechanical means. Finally, we agreed to the provision of a
60 foot wide corridor, at no cost to the public, between Alii Drive and the
proposed Alii Highway such that an additional route of evacuation could be
developed in the event of any tsunami or other natural disasters.
In response to the agreement to these concerns raised by Councilman Tyler, he
voted against the project.
2. During that same April 7, 1999, Planning Committee meeting, we attempted to
point out that due to the extreme slopes contained on this property, a mauka makai
corridor was not feasible. With slopes ranging as high as 35 - 40 percent, there is
.,max„ ~ ~ ~ no way that a corridor could be engineered which would meet County subdivision
o o ~ standazds and basic safety concerns. In fact, due to this topography, we attempted
~ ~ z to point out that the only way this property could be developed is as a low density
~ residential subdivision as it is being proposed.
~N
S ~ v 3. On at least three (3) different times in the past, the Kona community has had an
L ~ opportunity to testify for or against this project. I believe you were present on
~ Z ~ each of the three occasions. On December 3, 1998, the Planning Commission
` V.t held a public heazing on this project at the Hapuna Beach Prince Hotel in South i
w,~," l 7. 003 ~
Comm. Na_~~
Councilwoman Nancy Pisicchio
May 4, 1999
Page 2
Kohala. On December 29, 1999, the Planning Commission held a contested case
heazing on this project in Kailua-Kona at which time, members of the public were
allowed to testify for or against this project. Finally, on February 5, 1999, the
Planning Commission after permitting public testimony recommended approval
of the bill amending Ordinance 91-21 and adopt the Findings of Fact, Conclusions
of Law, and Decision and Order, granting the SMA permit for the project. On all
three (3) occasions, members of the public were allowed to testify and on all three
(3) occasions, I believe you were present and it should be noted that only two (2)
persons testified. That testimony was related to concerns raised by the residents
of Kuakini Makai to the proposed connection of the proposed development with
the Kuakini Makai subdivision.
In light of the foregoing, I believe that an additional public hearing on this matter is not
warranted. I would respectfully request that in spite of your continued opposition to this project
that you would vote against an additional public hearing on this matter. If you have any
questions, please contact the undersigned.
Very truly yours,
~h~
~j ,~ric T. Maehara
ETM:Iac '
cc: Chair James Y. Arakaki
Councilwoman Bobby Jean Leithead-Todd
Chair, Planning Committee
Councilman AI R. Smith
Councilman Aaron S.Y. Chung
Councilwoman Julie Jacobson
Councilman Leningrad Elarionoff
Councilman Dominic Yagong
i
GROSVENOR CENTER, MAKAI TOWER, 733 BISHOP STREET, SUTTE 2530, HONOLULU, HAWAII 96813
,,,,,„,,,„,,,w,,,,o,,, TELEPHONE: (808) 528-5004 /FACSIMILE: (808) 531-4747