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HomeMy WebLinkAboutCOR-16-108143 r+ J1 John Kaye 7116 (if;T ?n PFI 07 — • P.O. Box 100004,1,,,,, ENT Hakalau, Hawaf-(96'710 I LAWN' Farrah-Marie Gomes, Vice-Chair Hamakua CDP Steering Committee _ +� do Hawaii County Planning Department Aupuni Center, 101 Pauahi Street, Suite 3 Hilo, HI 96720 RE: Hakalau Point '— Dear Members of the Hamakua CDP Steering Committee: I am submitting this testimony in support of designating Hakalau Point as"Open". In short, and as will be more fully described below,the Hamakua CDP, the Hawaii County General Plan as well as Hawaii State coastal laws make it very clear that lands adjacent to the coast and the shoreline are to be protected,undeveloped and preserved for the public benefit. Hakalau Point is one of the few remaining undeveloped Hamakua coastal properties with sweeping views and historic significance and worthy of protection and preservation for the public as directed by the CDP, the General Plan and Hawaii State Law. I. AN"OPEN"DESIGNATION FOR HAKALAU POINT CONFORMS . TO COUNTY AND STATE LAWS A. The Current Version of the Hamakua CDP Makes Clear That Hakalau Point Should Be Preserved and Undeveloped. On Page 26, of the current draft of the Hamakua CDP,the planners state, "The Community Objectives are the foundation of the CDP". The CDP then delineates the specific objectives of the CDP, including the following three objectives, all of which support preservation and protection from development for Hakalau Point: Objective 1: Protect, restore, and enhance watershed ecosystems, sweeping views, and open • spaces from mauka forests to makai shorelines, while assuring responsible public access for recreational,spiritual, cultural, and sustenance practices. Objective 2: Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hamakua's rural character. Objective 4: Protect and nurture Hamakua's social and cultural diversity and heritage assets, including sacred places, historic sites and buildings, and distinctive plantation towns. Moreover, and equally important the current Hamakua CDP in Section 1.1.3 makes clear that protection of our shorelines is the top priority, and that development of our coastal areas is to be discouraged and prevented. In particular, the first four priorities for future planning are particularly relevant to Hakalau Point: 1 • 108143 Objectives of Coastal Management 1. Protect,preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. 2. Protect valuable coastal ecosystems, including reefs,from disruption and minimize adverse impacts on all coastal systems. 3. Encourage those developments that are not coastal dependent to locate in inland areas. II. THE APPROPRIATE ROLE OF THE STEERING COMMITTEE A. To Recommend Land Use Designations to the Planning Department The primary task assigned to the Hamakua CDP Steering Committee is to make land use designation recommendations to the Planning Department without considering the possibility or likelihood that a particular operation or activity for a particular parcel of land will be encouraged or discouraged by the Steering Committee's recommended land use designation. Once the Steering Committee submits its recommendations,the Planning Department may accept the recommendations,reject the recommendations or modify the recommendations. In the case of the Hakalau Point property, the Steering Committee should not consider representations from any person or group in favor or in opposition to any particular project, development, operation or activity that might ultimately be established on Hakalau Point. Specifically, the Steering Committee should ignore the fact that some people imagine or desire an agricultural plantation center someday on the property or that other persons envision a public memorial park on the property. These desires are beyond the scope of the Steering Committee's function, are speculative at best, and irrelevant to the work of the Steering Committee. The determination as to what specific operations or developments will occur at the Hakalau Point is a descision which will be made by the Hawaii County Planning Department and not this Steering Committee. B. The Steering Committee Should Not Evaluate Land Use Designation Recommendations Based, In Part or In Whole, Upon the Possibility that a Designation May or May Not Be Lawful The Steering Committee should not consider whether or not a particular land designation ("Open", "Agricultural", "Low Density Urban","Medium Density Urban", "High Density Urban", "Commercial", "Rural", "Industrial"or"Resort") for any particular parcel of land would be legal or not. The Planning Department with its county attorneys will make that decision before affirming land use recommendations by the Steering Committee. It is my belief that the Steering Committee was misled at the prior Steering Committee meeting by one of the people testifying. The testifier said that if Steering Committee went ahead with its 3 C, John Kaye 71116 QCT ? �� 07 a,., .• r1> • P.O. Box 10Q(L04';i' ,H SENT Hakalau, Hawaff(967101 )i- I IAV!AII Farrah-Marie Gomes, Vice-Chair Hamakua CDP Steering Committee t i� c/o Hawaii County Planning Department Aupuni Center, 101 Pauahi Street, Suite 3 Hilo, HI 96720 ` • RE: Hakalau Point • "' Dear Members of the Hamakua CDP Steering Committee: I am submitting this testimony in support of designating Hakalau Point as "Open". In short, and as will be more fully described below, the Hamakua CDP, the Hawaii County General Plan as well as Hawaii State coastal laws make it very clear that lands adjacent to the coast and the shoreline are to be protected,undeveloped and preserved for the public benefit. Hakalau Point is one of the few remaining undeveloped Hamakua coastal properties with sweeping views and historic significance and worthy of protection and preservation for the public as directed by the CDP, the General Plan and Hawaii State Law. I. AN "OPEN" DESIGNATION FOR HAKALAU POINT CONFORMS TO COUNTY AND STATE LAWS A. The Current Version of the Hamakua CDP Makes Clear That Hakalau Point Should Be Preserved and Undeveloped. On Page 26, of the current draft of the Hamakua CDP,the planners state, "The Community Objectives are the foundation of the CDP". The CDP then delineates the specific objectives of the CDP, including the following three objectives, all of which support preservation and protection from development for Hakalau Point: Objective 1: Protect, restore, and enhance watershed ecosystems, sweeping views, and open • spaces from mauka forests to makai shorelines, while assuring responsible public access for recreational,spiritual, cultural, and sustenance practices. Objective 2: Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hamakua's rural character. Objective 4: Protect and nurture Hamakua's social and cultural diversity and heritage assets, including sacred places, historic sites and buildings, and distinctive plantation towns. Moreover, and equally important the current Hamakua CDP in Section 1.1.3 makes clear that protection of our shorelines is the top priority, and that development of our coastal areas is to be discouraged and prevented. In particular, the first four priorities for future planning are particularly relevant to Hakalau Point: 1 108143 ViEau. CTOF ur,,� ^ SE. D SHO • Protects coastal areas, agricultural land, and mauka forests front development C ptAh. v DR'' • Protects open space, areas with natural beauty, and scenic view planes O DAF.GEM• Esu.., • Guides the development of programs to strengthen protections for coastal and E ▪ FIs.. agricultural lands as well as open space and view planes O SEL 0 Oa: • Preserves historic resources O 0� ••..•-- -•- ----B. The Hawaii County General Plan Also Provides for Preservation and Public Use For Hakalau Point. The goal of protecting Hamakua's coastal areas from development, and preserving the coast for public good is amplified and repeated throughout the CDP. For example, Section 4.2.2 of the current CDP cautions planners that the provisions of the Hamakua CDP should be consistent with the Hawaii County General Plan, and that the General Plan demands that shorelines and coastal areas of Hamakua should be protected from development and preserved to benefit the general public. In particular, Sections 8.3 (c) and 8.3(d)of the General Plan provide: • Protect the shoreline from the encroachment of man-made improvements and structures. Section 8.3(d) of the General Plan: • Maintain the shoreline for recreational, cultural, education, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. Section 8.3(c) of the General Plan The CDP also reiterates the fact that the General Plan identifies several factors that are to be considered when making land use designations in the Hamakua area. The very first factor identified in the General Plan provides that new developments should not be established in coastal areas of Hamakua: • Factor 1: Minimize New Coastal Development C. Hawaii State Law Demands Protection of Shoreline Properties and Discourages Development of Shoreline and Coastal Properties Just as our County laws and regulations advocate to preserve Hamakua's coastal areas from development, Hawaii State law, also mandates that shorelines and coastal lands are to be preserved. In particular, the Hawaii State Coastal Zone Management Law(Hawaii Revised Statutes Section 205A-2) sets forth objectives for land use for our coastal areas: The first three of the stated objectives set forth in the state law provide as follows: 2 Objectives of Coastal Management 1. Protect,preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. 2. Protect valuable coastal ecosystems, including reefs,from: disruption and minimize adverse impacts on all coastal systems. 3. Encourage those developments that are not coastal dependent to locate in inland areas. II. THE APPROPRIATE ROLE OF THE STEERING COMMITTEE A. To Recommend Land Use Designations to the Planning Department The primary task assigned to the Hamakua CDP Steering Committee is to make land use designation recommendations to the Planning Department without considering the possibility or likelihood that a particular operation or activity for a particular parcel of land will be encouraged or discouraged by the Steering Committee's recommended land use designation. Once the Steering Committee submits its recommendations, the Planning Department may accept the recommendations,reject the recommendations or modify the recommendations. In the case of the Hakalau Point property, the Steering Committee should not consider representations from any person or group in favor or in opposition to any particular project, development, operation or activity that might ultimately be established on Hakalau Point. Specifically, the Steering Committee should ignore the fact that some people imagine or desire an agricultural plantation center someday on the property or that other persons envision a public memorial park on the property. These desires are beyond the scope of the Steering Committee's function, are speculative at best, and irrelevant to the work of the Steering Committee. The determination as to what specific operations or developments will occur at the Hakalau Point is a descision which will be made by the Hawaii County Planning Department and not this Steering Committee. B. The Steering Committee Should Not Evaluate Land Use Designation Recommendations Based, In Part or In Whole, Upon the Possibility that a Designation May or May Not Be Lawful The Steering Committee should not consider whether or not a particular land designation ("Open", "Agricultural", "Low Density Urban","Medium Density Urban", "High Density Urban", "Commercial", "Rural", "Industrial"or"Resort") for any particular parcel of land would be legal or not. The Planning Department with its county attorneys will make that decision before affirming land use recommendations by the Steering Committee. It is my belief that the Steering Committee was misled at the prior Steering Committee meeting by one of the people testifying. The testifier said that if Steering Committee went ahead with its 3 prior decision to designate the land as "open" that would constitute a taking under a Hawaii judicial decision called Leone v. Maui County. First of all members of the Steering Committee should not consider whether or not an "open" designation would be legal or not,because questions of whether a CDP designation is lawful is one for the Planning Department and Hawaii county attorneys. But having said that, I read the Leone case and it did not say what the testifier represented it said. That case was about whether a landowner had a right to go to court to sue for inverse condemnation(a claim of a taking because a landowner believes that regulations have rendered his property valueless) or whether the landowner had to first "exhaust administrative remedies" before going to court. In that case, the SMA rules prohibited him from building a house on his ocean front property even though his ocean front property was zoned for a home. The trial court dismissed his case saying that he could not sue until he availed himself of other administrative remedies that were available to him under County regulations. In other words the trial court determined that he had taken his case to court too early;his case was not "ripe". He appealed that decision to the appeals court. The Appeals court ruled that he could sue in court under his theory that the SMA rules rendered his property valueless without first pursuing other administrative remedies. He then went back to court,had a jury trial and he lost. The jury determined that there had been no taking in spite of the county regulations,because his ocean front property still had value even though he would not be able to put up a house on the property. In short,the Leone case does not state or even suggest that if you recommend an"Open"land use designation for Hakalau Point, the Steering Committee will have"taken"the landowner's property. III. CONCLUSION Designating the property at Hakalau Point as"Open"is rational, sensible, and comports with both County and State law. Moreover, there is no question that the residents of Hamakua overwhelmingly also oppose development at Hakalau Point as evidenced by signed petitions from more than 600 citizens opposing development of Hakalau Point. For all the reasons discussed above, this shoreline property, located on a bluff overlooking the Pacific Ocean, is worthy of a land use designation of"Open". 4