Loading...
HomeMy WebLinkAboutCOM 0764.003 2018-2020 P/ N1 lel l Ka Makani 0 Kohala Ohana - Ka o'o CO ,70 P.O. Box 76 Hawi, Hawaii 96719 March 6, 2020 Ashley Kierkiewicz, Chair Planning Committee Hawaii County Council County of Hawaii Bill 141 KOHALA SHORELINE, LLC (REZ 19-000237) KOHALA SHORELINE, LLC (SMA 19-000073) TMK: 5-9-001:008 Kahuali'ili'i (Kahua 1), North Kohala Dear Chair Kierkiewicz and Committee members, Thank you for the opportunity to comment on the above Bill 141. We support the downsizing of the zoning of this land and oppose development of it for the reasons stated below. We are an incorporated non-profit cultural, environmental organization made up of North Kohala residents that has actively worked for the preservation and stewardship of the North Kohala coast for over 30 years. Kako'o was also previously known as Citizens for Protection of the North Kohala Coastline and Hui Lihikai. We have participated in the County's regulatory issues regarding the land identified as TMK 5-9-001-008 for many years with the current and previous owners. Specifically we participated in the 2015 Draft Environmental Assessment, the 2018 Board of Appeals case (supporting the Planning Director), and the 2019 Draft Environmental Assessment. We also participated extensively in the 2007-08 attempt by the County to downzone the property. It should be noted that the previous owner Tom Gentry, who could have developed 50 units on the land, worked with representatives of our group and others in North Kohala to understand the historic and cultural importance of the land to future generations. Before his fatal accident, Gentry told us he decided to build only one residence on the land- his. Our concerns about this project as expressed in the two Environmental Assessments were quite specific and some of them have been addressed. Some have not. We want to thank the owner of Kohala Shoreline and its representatives for being responsive to ongoing communications with us and residents of the North and South Kohala Districts. Our comments here are focused on a major omission in the Cultural Impact Statement, which reflects a misunderstanding by the Comm. o. e . o: PC Ref. ate AR 1 0 2020 owner of the importance to the communities of North and South Kohala in preserving the open nature of the leeward coastline. Displacement from cultural resources by the development of coastal lands on the Island of Hawaii has resulted in the widespread community belief and practice that support the preserving the undeveloped North Kohala coastal properties as lands open for all. This belief and practice started over fifty years ago and has gained well-documented momentum to the point that it can be said to be a cultural practice of the community of North Kohala. The efforts of many generations of Kohala residents, both Native Hawaiians and others, conform to the definition of traditional cultural properties as found in the National Register Bulletin 38 by the US Department of Interior-National Park Service, as quoted in the DEA. Therefore it should have been identified and steps offered to mitigate the displacement. The North Kohala community efforts to preserve its open coastline are so well known and integrated into the life of the district that this is now a core principle of local regard for land use planning. We believe that it is imperative that this should be reported on during any attempt to privatize and build structures, so that the owner, potential buyers, and government agencies involved in decisions on any land use matters regarding Kohala Shoreline LLC land, can be aware of this cultural practice and respond with mitigation. Or choose to preserve the land in open space. The parameters of the cultural property are the coastal lands of the district of North Kohala, and the participants are several generations of residents of North Kohala. This activity has a lifespan of over fifty years. The results are remarkable. Since 2010 six community groups have worked to raise $20.9 million to purchase 390 acres of private land for public use. Another 93 acres are in escrow. Seven different funding sources, including the County's Open Space Fund, the State Legacy Land Preservation Fund and local contributions have been used. The community groups are: Malama Na Wahi Pana 0 Kohala, Ka Makani 0 Kohala Ohana- Kako'o, Malama Kohala Kahakai, Maika'i Kamakani 0 Kohala, Kohala Historic and Cultural Preservation Group and Kohala Lihikai. While it is easy to see the land owner's rights to develop and build on property in order to have vacation houses and achieve profit, it is less easy, but in our view paramount, to understand the attachment that people of a community have toward open coastal land where they have enjoyed unfettered fishing, gathering and recreational access rights for many generations. The Environmental A rightly mentions the malania 'aina- the cultural trauma of Native Hawaiians being separated from land, this concept applies, we believe, to all people who experience generations-long association with special places in their lives. Kohala Shoreline LLC says the land has been privately owned for over 100 years and that access for traditional uses has never been prohibited, "a situation that will continue under the current proposed development." This is untrue. Traditional vehicular access to and along the coast on jeep roads has been in existence since ancient times and i has been gated and locked off for many years. The DEA says the land is "lightly used by fishermen, shellfish gatherers, and hikers." But this is I because access has been locked. This longstanding vehicular access is noted in the North Kohala Community Development Plan Public Access chapter and is recommended by the plan to continue. The public access plan described in this application has no vehicular access beyond a parking lot near the highway and all access would be restricted to daylight hours. We believe that the loss of this access to our members and to the residents of North Kohala, who have fought so hard to maintain an open coastline, would constitute an injury to their enjoyment of life and therefore should be considered in the determination of the cultural and environmental impact of the proposed development. Again we want to thank the owner of Kohala Shoreline for his dedication to the environmental and archaeological study of his land. Our hope is that he will continue to not only listen to the voices of the community of North and South Kohala, but that he talk to us about the possibility of public purchase of this land. Malama Na Lihikai o Kohalanei, Toni Withington President Following is a history of the efforts by North Kohala residents to preserve the district's coastline: ��. � Preserving vmmm oom�� North ����mmm�»m� ����m���� Conserving the North Kohala Coast has over a 50-year documented history of community support for and work to preserve this coastline in open space and keep itfree ofany development makmiofAkoniPule Highway. The 50years worth of legal challenges, petitions, State and County resolutions, letters, and plans are summarized bo|uvv. ' The on-going efforts were ignited by Kohala's respected kupuna have worked to preserve the Kohe|aCoastline inopen space. Their names and signatures are on many of the documents, petitions, and letters summarized below. These kupuna are: C/yde 'Kindy' Sproat, K8nnnkaAi'a. William Akau' Armstrong Yamannoto, Marie 5o|nrnon. Michael Isaacs and Fred C8oho|o. COASTAL LAND PURCHASES — From 28Q8to2819five community groups spearheaded the nomination of14coastal parcels tothe County Open Space Fund, the State Land Legacy Fund and federal lists of important coastal lands. These efforts have led to seven purchases using County. State. Federal and Land Trust funds for lands at Lopakohi. Pao'n' KGuhu|a Point. Hapu'u, and three purchases inthe ahupua'onfKuiho|eno. The purchase ofQ3-aoresofland at Kapanaia has been funded and is in the mill. Also the County has authorized the purchase of three additional parcels. In all, the community has turned 390 acres of private land into preserved open space by raising a total of$20.9 million. Most of 15 miles of leeward coast and most of 4.5 miles of northern coast have been preserved. Of the thirteen properties listed on the Mayor's Annual priority list for public purchase this year, eight are onthe North Koho|oCoast. The groups nominating and seeking funds topurchase open space land are KaMak8niO Koha|a Ohana— Kako'o' Mo|ama Kohu|a Kohokai. [Wa|ama NeVVahi Pana {} Kohe|o. Maika'| Konnekani O Koha|a and the Koha|a Cultural and Historic Preservation Group. THE NORTH KO0ALA COMMUNITY DEVELOPMENT PLAN (County Ordinance RD~151) NKC0Pwas written byNorth Koha|aresidents between 2UOMand 2OO8and iastill the District's guiding planning document. The strategies and goals selected for inclusion were based on the voices of 1090 people. The document prioritizes acquiring coastal lands and preserving them in open space free of development. Four parcels in particular were recommended -- Kukuipahu-Haena, Mahukuna' Pao'o. and Koiho|enu. One ofthe strongest chapters of the plan lays out a GIS mop and detailed description ofstrategies for increasing public access to the ocean and the mountain, proposing a trail from Po|o|u Valley to Kavve|hae. NORTH KOHALACOMMUNITY ACCESS GROUP, formed tocarry out the recommendations of the NKCDP, has been meeting monthly for eleven years to work on access issues including lateral coastal and mountain trails and a series ofnnouka-nnakai vehicu|ara000aovvays. The group in meeting with County. State and Federal agencies as well as land trusts. There are currently 80 people who receive monthly email agendas and minutes of meetings. Along with the five groups nominating open space acquisition, the access group has formed a non- profit Koha|o Lihikoi for the purpose of coastal nbavvnndohip of land and trails. In 2019 the SAVE K8AHWKONA PARK GROUP presented the County with a petition tobegin immediate replacement 0fthe condemned MahukonoPark pavilion signed byS5Oresidents ofNorth Kohu|a. i In 2018 22 acres of land at HAPU'U BAY including HALE O KA'ILI HEIAU were purchased using the County's Open Space Fund. In 2016 48 acres of coastal land at NIULI'l were donated to The Kohala Center for preservation. I In 2015 the 35-acre KAIHOLENA SOUTH land was purchased for open space with funding by the State Legacy Land Preservation Fund, the Ala Kahakai Trail Association and Kohala fundraising. In 2015 the HAWAII COUNTY COUNCIL in a unanimous vote passed Resolutions 327-15 and 326-15 directing the County to enter into negotiations with the owners of land within the Hapu'u to Kapanaia Cultural Corridor and Halelua for public purchase of the lands In 2015 RESPONSE TO THE KOHALA SHORELINE LLC DEA FOR A NINE- LOT SUBDIVISION numerous Kohala groups and individuals made comments pointing out deficiencies of the document. At the Kohala Shoreline hearing before the Board of Appeals twelve groups and individuals testified to support the Planning Director's deferral for final historic sites approval. The same groups responded to the 2018 Environmental Assessment for a re-designed six-lot subdivision, one of them calling for public purchase of the land. In 2013 and 2014 groups and individuals fought for expansion of the public access trail at KOHALA KAI SUBDIVISION. Negotiations ended with an agreement between the developer and the Ala Kahakai Trail Association to dedicate all the land between the existing location of the Ala Loa and the shoreline to a conservation easement held by the association. In 2013 77acres of land called KAIHOLENA CENTRAL was purchased for open space using matching funds from the State Legacy Land Preservation Fund and the County's Open Space Fund. In 2012 28 acres of land at KAUHOLA POINT was purchased with funds from the State Legacy Land Preservation Fund and fundraising by Maika'I Kamakani O Kohala with the help of The Trust for Public Lands. In 2012 KOHALA LIHIKAI WAS FOUNDED as a 501(c)3 nonprofit corporation, with a board of directors made up of representatives of the active coastline groups. It is currently acting as steward of lands at Kaiholena, Pao'o and the Upolu Airport makai properties for Hawaii County and the State Airport Division. In 2011 17 acres of land at LAPAKAHI was purchased using funding from the State Legacy Land Preservation Fund and a federal NOAA grant with the help of The Trust for Public Lands. It is now part of Lapakahi State Historical Park. In 2010 10.6 acres of land at PAO'O was purchased with matching funds from the State Legacy Land Preservation Fund and the County's Open Space Fund. In 2010 151 acres of land at KAIHOLENA NORTH was purchased using the County's Open Space Fund. In 2008, HAWAII COUNTY COUNCIL PASSED ORDINANCE 237 to downzone the coastal parcel, TMK 5-9-001:008, now owned by Kohala Shoreline, in order to better protect the coast. The move was proposed by the County Planning Director and supported by a large contingency of Kohala residents. The measure was vetoed by the Mayor. In 2008, STATE HOUSE BILL 2606, strongly supported by Kohala residents, called for the downzoning of North Kohala coastal lands owned by the State to Conservation to ensure open space protection and eliminate the threat of development. In 2007-2008 Kohala groups acted as intervenors in a Land Board contested case hearing to stop approval of a vacation home shoreline complex at PAO'O. In 2006, THIRTY (30) KOHALA BUSINESSES AND ORGANIZATIONS signed a letter requesting Mayor Kim to prioritize the North Kohala Coast for permanent protection. In 2005 KOHALA GROUPS LOBBIED TO REMOVED THE RESORT ZONING AT MAHUKONA during the Comprehensive Review of the County General Plan In 2002, the KOHALA HISTORIC AND PRESERVATION COMMITTEE submitted a petition with more than 1,000 signatures requesting the County protect and preserve the Kohala Coastline. In 2002, the COUNTY OF HAWAII PLANNING COMMISSION with the agreement of the HAWAII COUNTY PLANNING DIRECTOR recognized the significance of the feeling of open space that is so important to North Kohala and incorporated SR 146 into the Hawaii County General Plan. In 2001, SENATE CONCURRENT RESOLUTION 146, S.D. 1, passed both houses of the State Legislature, urging the retention and preservation of open space and view planes, historic sites, and traditional access along the coastline of the North Kohala District and again called for collaboration to discourage subdivision and building development. In 2001, CHAIRPERSON of the STATE BOARD OF LAND AND NATURAL RESOURCES, Mr. Gilbert Coloma-Agaran, testified before the State Senate Committee of Water, Land, Energy and Environment, in support of SR 146 and pledged DLNR's support to coordinate with the residents of Kohala and County of Hawaii. His testimony also recognized the importance of the numerous natural, scenic, historic and cultural resources abounding in Kohala and its coast. In 2001, the ASSOCIATION OF HAWAIIAN CIVIC CLUBS (representatives of all Civic Clubs) passed a resolution urging the Hawaii County Council to re- designate the North Kohala Coastline to Conservation/Open. The resolution recognized a long history of community support for preserving the Kohala Coast and that the North Kohala coastline is historically and culturally very important to all people of Hawaii, but particularly to Native Hawaiians. In 2001, the KOHALA HAWAIIAN CIVIC CLUB, KOHALA FILIPINA COMMUNITY ASSOCIATION, KOHALA PUERTO RICAN SOCIAL CLUB, KOHALA HISTORIC AND PRESERVATION COMMITTEE AND KUPUNA WILLIAM AKAU requested the Hawaii County Council to place a moratorium on all subdividing and development makai of Akoni Pule Highway from Kawaihae to Pololu Valley. |n2DQ1and then again in2B02. the KOHALACOMMUNITY REPRESENTED B`fKUPUNAand many community members signed ondsondo |eUertothe County documenting Knha|a'a30+ years ofwork toprotect the Koho|aCoaot. This letter recognized that people from all over the |n|ond /Ko'u' Hilo, Puna. Hamakua, Kona) still come to Kohala with their families to fish and camp. /n200B, the KOHALAHISTORIC AND PRESERVATION COMMITTEE collected well over six hundred signatures from Kohm|a residents and submitted them aapart ofecommunity response tothe update ofthe Hawaii County Comprehensive Plan, urging the preservation and protection of the region from Kavvoihaato Po|V|uVo/|ey. |nthe 199Wsand early 2BUDoKA0MAKAhJIK} KOHALA OHANA– KAK(J'0 fought topreserve public access tonumerous SURETY KORALA SUBDIVISION with the help ofthe County Planning Department. /n19S9THE SUPREME COURT OFHAWAII ruled that Citizens for Protection of the North ROha/aCoastline had standing intheir case against the County of Hawaii challenging the lack of HRS Chapter 343 environmental review ofa planned resort at K8AHUKOyJA. /n1994. SENATE CONCURRENT RESOLUTION 11Gcalled onthe Department of Land and Natural Resources to consider public acquisition of the Kohala Coast prior to construction ofany additional infrastructure. |n1B84, SENATE RESOLUTION 85urged DNLRboconsider Koho|aCoastal acquisitions. In 1994 H[}| L|H|KA| fought the PAO'OConservation District permit for alarge residence before the Land Board. The permit was allow toexpire. /n1983, THE HA8NATOWN CONFERENCE participants identified the "undeveloped coastline" aa8defining element ofthe town character. |n1932, SENATE CONCURRENT RESOLUTION 211called onthe County and State to develop a plan to protect the open space and historic sites makai of Akon/ Pule Highway and topromote non-exclusive public enjoyment oftheerea AND that the County and State should discourage any subdividing and building until such aplan isinplace. In 1982, THE NORTHWEST HAWAII OPEN SPACE AND [OD8AOUM!TY DEVELOPMENT PLAN, calls for a comprehensive effort to protect valuable North Koha|8coastal areas enopen space for public use and enjoyment. |n1991' GOVEy4C3RJOHN VVA!HE'ECALLED FOR THE PROTECTION OF THE NORTH kCO0ALA COAST IN HIS ANNUAL ADDRESS. /n 1990. LOCAL RESIDENTS PRODUCED A\/iDEQ CALLED WORTH KOHALA COAST—THE SILENT TREASURE" FEATURING CLYUE 'N|NDY` SP0OAT, WILLIAM AKAU AND OSCAR AHUNA documenting the community's desire to protect the Koha|a Coast from deve|opement. In 1990. the HAWAII STATE DEMOCRATIC PARTY and the HAWAII COUNTY DEMOCRATIC PARTY both adopted resolutions attheir conventions calling for the State and County to develop and implement a plan to protect the open nature of the coast, preserve its valuable historic sites and promote nonexclusive enjoyment of it by residents and visitor alike." In 1990, DECISION —ACTION 90's. e report to Hawaii Countv, calls onthe State and County to "quickly and clearly establish areas in the County that are never to bedeveloped" and cites Koh8|88Sanexample where development should be discouraged. |n199UNORTH KC}HALA COASTLINE CONFERENCE hosted government officials, land owners and many residents who made recommendations to form a special area designation for the coast such as scenic heritages or historic corridor, aswell aguarantee continued ocean access. |nthe 193OsTHE STATE LAND BOARD CITED ADEVELOPER AT PUAKE^4 BAY RANCH for numerous violations ufland use permits brought upbvthe Citizens for Protection of the North Kohaia Coastline. Besides paying fines, the developer agreed to turn over shoreline land tothe State's Na Ala He|eTrai| Syoiannforpub|icaccess. In 1989, the H&VVA|| COUNTY COUNCIL at the urging ufKoho|u residents passed a resolution calling for protection of the coastline from development and calling for a survey of the coast. The resolution was passed unanimously. |n198S' the WEST HAWAII REGIONAL PLAN says the State and County have already over-committed West Hawaii inresort and resort-residential development and shows no resort-residential development in North Kohala. The plan identifies the cliffs and valleys of Kohala Mountain and the panoramic coastal views from Kohala Mountain as highest on its list of"important scenic heritage resources." |n198U, almost 8,OODHAWAII ISLAND SIGNATURES WERE COLLECTED FOR ApEUT|ON CALLING FOR ABU|LDVNG MORATORIUM mmkaiofAkmni Pule Highway. The signature were collected by the Citizens for the Protection of the North Knha|aCoast and over half ofthe signatures were from Koha|a. |n19GQCHALONINTERENAJ|ONALPURCHASED THE FORMER SUGAR PLANTATION AND OTHER LANDS AT K0AHUK{JNA. Contrary to residents' recommendations, the company pursued efforts to build a resort and golf course atMahukono. Though itsecured zoning for the project, |oga| oha||enQeaby Citizens For Protection ofthe North Knho|aCoastline delayed start 0fthe project until 1999. Without securing subdivision for a scaled down version of the resort, the land ownership was transferred inforeclosure and the zoning expired. Koha|o groups are continuing to raise funds to purchase the 434 acres makai of Akoni Pule Highway. |n1388, SENATE CONCURRENT RESOLUTION 179passed both houses of the State L*Qia|a\un* and called on governments towork together to ensure public view and open space along the coast and todiscourage development makai ofAhoni Pule Highway. In 1988' DLNR commissioned the study "NORTH KOHALA: PERCEPTIONS OF /\ CHANGING COK8K8UN|TY", which indicated the intent ofpast state administrations and DLNR staff to preserve and protect the North Kohala Coast. Many Koha|a residents participated in the study which stated that the North Kohala Coast has the most numerous and intact, pre-contact archeological and cultural sites inthe state. I In 1983, THE NORTH KOHALA COMMUNITY DEVELOPMENT PLAN, adopted by resolution by the County Planning Commission, which implements the General Plan for the North Kohala District, recommended for OPEN classification the entire length of the North Kohala Coast. In 1980 MAHUKONA PROPERTIES ANNOUNCED PLANS TO BUILD A MASSIVE RESORT ON LANDS AT KAIHOLENA. Opposition to the plan by Kohala residents from the beginning intensified on the County Council through the 1990s when the developer withdrew the plans. Opposition to the subdivision of the 263 acres of Kaiholena into six lots in 2000 failed to stop that action, but through persistence and the cooperation of the owner, community groups were able to raise $10.9 million through six sources to purchase all the lots. At a celebration of the last purchase in 2017 sixty six individuals were thanked specifically for their help, almost all North Kohala residents. In the 1980s HUI MAMALAHOA INTERVENED IN QUIET TITLE ACTION BY KOHALA CORPORATION (CASTLE & COOKE) TO PROVIDE COASTAL AND MOUNTAIN ACCESS AT KAPANAIA AND MAKAPALA. The Kohala group, led by Benjamin Raymond and Samson Cazimero, Sr., was able to get the court to grant vehicular access to both locations, a move that eventually led to greater pedestrian access along the shoreline. In 1972, the DLNR study entitled "NORTH KOHALA, PRESERVATION OF HISTORICAL RESOURCES" indicated the intent of past state administrations and DLNR staff to preserve and protect the North Kohala Coast. In the early 1970s AKONI PULE HIGHWAY WAS CONSTRUCTED FROM KAWAIHAE TO MAHUKONA. Alarm was raised by many of the Kohala residents participating in the construction about the large number of historic sites that were being impacted by the grading activity. Other residents, such as Kamaka Ai'a, William Akau and Henry Ross raised concerns about the impact on the communities' open use of the leeward coast for fishing, gathering and recreation. In 1964 AN ARCHAEOLOGICAL RECONNIASANCE OF THE MAHUKONA TO KAWAIHAE HIGHWAY was made by Lloyd J. Soehren that brought attention to the large amount of unsurveyed historic sites and burials along the coast. Several Kohala residents took steps to call for and begin studies aimed at their preservation and also to change the parameters for archaeological surveys in anticipation of development. In 1963, the KOHALA-HAMAKUA REGIONAL GENERAL PLAN, which many Kohala residents supported, stated that development and resorts should be concentrated in South Kohala and away from existing residential areas such as Hawi. No resort zoning was identified along the North Kohala Coast. Additionally, many important community organizations have continually offered their support to preserve the North Kohala Coast and have signed and supported the above petitions and letters and resolutions. These organizations include: ❑ Kohala Kupuna Council ❑ Kohala Filipina Association ❑ Kohala Hawaiian Civic Club ❑ Kohala Puerto Rican Club ❑ Long time local merchants