In my past blogs I've provided information of maps here in our North Kohala District so those who are not familiar with Mahukona you may reference it to my past blog posts regarding maps. Deadline to be in by 12/27/08 for the first information provided below so this letter was e-mailed and faxed to both the Hilo and Kona offices. The last two documents followed later as indicated on the documents.You won't find this information in the newspapers it's been a long fight community organizations here in Kohala have had on Mahukona. No matter how many times a name changes with the owner or project, it doesn't make the issue change and laws must be abided by so we all continue the fight.We are joining KAKO'O in the efforts they have already started with their attorneys on environmental issues.Here are some of the required documents which are required to file in our County of Hawaii:081227_Maikai_Kamakani_Mahukona_lttr[1].doc As provided by myself.081228_Maikai_Pet_Intervention_BOA_MHK.docx As provided by our V.P.081228_Maikai_affidavit_Mahukona.docx As provided by our V.P.Just keeping everyone up to speed on this...Aloha, Stephanie
DEVELOPER CHALON INTERNATIONAL/KPCT RESPONDS TO "A MEMBER" OF KOHALA REGARDING MAHUKONA
SO WHY AREN'T THEY DOING WHAT PREVIOUS COURT ORDERS HAVE SAID TO WORK DIRECTLY WITH THE KOHALA HAWAIIAN CIVIC CLUB AND NA MAKA 'O KOHALA (few members alive that are my relatives) WHO KNOW THE AREA BETTER THAN WHO THEY ARE NOW WORKING WITH? THIS IS THEIR SIDE AND ALL WE SEE ARE SMOKE SCREENS...AUWE! note: Bill Shontell is a distant relative of mine KUPUKA'A LINE INTO KAHOLO LINE. He is an engineer by degree from Oregon State University
Mahukona, Surety Kohala Corporation, and Kohala Preserve Conservation Trust, LLC - another side of the story.
Aloha,
Sophia Schweitzer contacted me on behalf of Surety/Kohala Preserve and asked to have this open letter to the community distributed. In the the spirit of inclusiveness and fostering different viewpoints on issues- here it is. Please contact Bill Shontell or Sophia Schweitzer at 889-5970 if you would like to respond or comment. Andrea
Dear North Kohala Community member,
You may have received the recent Kohala Action E-news article entitled, "New Chapter Opens In Mahukona Saga," which presents a rather distorted and confusing view of Kohala Preserve's development at Mähukona.
Please consider the facts of Mähukona, Surety Kohala Corporation, and Kohala Preserve Conservation Trust, LLC.
Kohala Preserve Conservation Trust is a joint effort by Surety Kohala Corporation and Kohala 'Äina Partners, LLC. As owner of portions of the lands surrounding Mähukona harbor, Kohala Preserve seeks to preserve and enhance Kohala's cultural and community heritage through responsible land use. Intending its development to be a model for sustainable stewardship, Kohala Preserve continues the decades-long tradition of community-oriented contributions initiated by Surety Kohala.
Dedicated to maintaining the open vistas and rural community lifestyle of North Kohala, Kohala Preserve will integrate a low-density, low-profile clustering of 40 dwelling sites into its 366 makai acres at Mähukona. This is a substantial reduction from the nearly 240 sites allowed by the current zoning. Upon implementation of this very limited plan, over 200 acres of the site will be dedicated to open space and agriculture, ensured to remain so for generations to come.
The Kohala Preserve project was largely delayed as a result of years of litigation by Kako'o (f.k.a. Citizens for the Protection of the North Kohala Coastline). Surprisingly, the delay has benefitted the project by allowing us to adapt to evolving market conditions and community input and has resulted in an even stronger project from both an economic and a community-benefit point of view.
The recently-completed duplex cottages and reception/office building comply with the previous County Administration's requirement to build a hotel, and with the County's accelerated schedule for improvements at Mähukona and Kapa'a Parks. The studies, permits, and designs for the parks improvements, all mandated by the County, are currently undergoing County review.
Via formal agreement with the County, public access to the 39-acre conservation district along the shoreline between Mähukona and Kapa'a Beach Parks has been recorded in perpetuity. The building of improved shoreline access along the subdivision roadways can begin after all subdivision plans have been approved. Meanwhile, pedestrian access and managed vehicular access continues, as it has for many years, along the shoreline fronting Mahukona.
Mähukona and Kapa'a Parks improvements as well as public shoreline access stipulations are rigidly defined, after years of discussions and meetings, in zoning ordinances and approved permits. Although opportunities for further formal input in these items is limited, Kohala Preserve is willing to listen to and support positive suggestions.
The "päpa'i", a pavilion for visitors to the project, is nearing completion. Drawing upon Kohala's deep sustainability ethic and honoring the traditional stewards of these lands, the päpa'i was built by local people and with local resources. We intend it to serve as a symbol of Kohala Preserve's commitment to the protection of Kohala's culture, community, and environment. We anticipate that the päpa'i will host community educational, social and cultural events from time to time.
Kohala Preserve has a deep and long-standing relationship with Na Kälai Wa'a Moku o Hawai'i, the builders of the Big Island's traditional voyaging canoe, the Makali'i. Na Kälai Wa'a is and will continue to be the kahu of Ko'a Holo Moana and all other culturally significant sites throughout the project. Sites cared-for and protected in perpetuity, under the guidance of Na Kälai Wa'a, include sites in an especially sensitive 11-acre area which has been down-zoned to prevent any possibility of building there. Kohala Preserve is at work with Na Kälai Wa'a to help create a permanent home from which they will continue their myriad cultural education and voyaging pursuits.
Kohala Preserve promotes conservation ethics, and provides diverse opportunities for the identification, restoration, and land management enhancement of the biological, recreational, and native ecosystem resources within the Preserve. Current initiatives include the near-exclusive use of native plants in landscaping, native wildlife, wetland, and watershed restoration projects in coordination with Natural Resources Conservation Service and University of Hawai'i, sustainable grazing practices, invasive species control, a GPS research station at Mähukona in partnership with the University of Hawaii Pacific GPS Facility to guide earthquake mitigation planning, and partnership discussions with an academic not-for-profit that excels in applied ecosystem research.
Meanwhile, Surety Kohala has long been known for its positive community involvement through employment opportunities, affordable housing, land donations, recreational facility assistance, community access through private lands, family lo'i access, agricultural support, the Kohala Ditch, and more.
Kohala Preserve and Surety Kohala are fully staffed and managed by people with the deepest of roots in Kohala; among us are people who learned to swim at Mähukona, who fished off canoes there, who camp, spear, or collect medicinal plants at Mähukona, and who gather 'opihi, pipipi, wana, hä'uke'uke, limu, 'ili'ili, pöhaku imu, or kiawe there.. Among us are people whose families have conducted their cultural practices for generations at Mähukona; these practices were taught to us by our kupuna, and we foster them to this day. We care deeply for this place.
The Kohala Preserve team welcomes positive suggestions. Our doors are always open. If you have an idea for something that we could do and that might benefit the community, come and talk to us at the Surety Office in Häwï, or call 889-5970. For more information, visit www.kohalapreserve.com.
Mahalo Nui,
Bill Shontell
Project Director
Sophia V. Schweitzer
Outreach and Programs Development
MAHUKONA UPDATE 02/26/09 - THIS AREA IS HOME TO MAKA O HULE HEIAU - prior video posted on my page
Here's what our attorney is filing. I sent him an e-mail and said, "OMG....made me want to pee in my pants if I was on the BOA...Instead I'm with my family's ihe (spear) saying...."Yeah, that's right, that's right now who wants some of this (ihe)"....LOL
The first question is: How long will the county lay in bed with a developer who will not or cannot perform on agreements to do what it promised? The answer in Hawaii County is apparently indefinitely.
The second question is how long will the community involved put up with reduced expectations, delayed delivery of promises and having decisions made privately in the halls of Hilo? Not forever.
In the case of the Mahukona resort subdivision the largess of the county increases while the folks in Kohala take action to cut the continued land speculation on a very public place. The community-initiated development plan adopted last year by the county warns the county against land speculation, specifically by ignoring time limits of developers to produce on promises. It pointedly directs the county to purchase open coastal land, including Mahukona, and insists on community participation in land decisions. If the county did not get the message from the North Kohala Community Development Plan two Kohala organizations, Kamakani ‘O Kohala Ohana – KAKO’O and Maika’i Kamakani ‘O Kohala, have recently appealed two county decisions affecting Mahukona.
The land between the county parks at Mahukona and Kapa’a has held special value to the public since earliest Hawaiian settlement in the 1300’s. The first calm water rounding the island from the windward side, it was where canoes crossing the channels were launched and the site of the last remaining navigational heiau. Though it is Crown land, Mahukona changed into the hands of foreigners through an unrecorded transfer from Princess Ruth in the 1800s. As a village, harbor, train station, fishing site it remained open and accessible to all. That is until 1990 when a new foreign owner, Chalon International, cut off court-ordered public access to the shoreline in order to build a resort, golf course and high end subdivision.
The agreements made with the county were not just verbal. They are in the specific conditions of two ordinances (law), special coastal permits and agreements signed with at least two government agencies. These are to provide water, public access, improvements to both county parks, upgrading the highway and roads around it. The county also required, and the owner agreed, to strict control and monitoring of rain runoff, ground water and the ocean and reefs offshore. That was in 1990 and 1993.
All the ordinances and permits required time limits to encourage the developer to get going. But the project for a potential 311-unit hotel and 250 houselots stalled. Public access continued to be blocked, the two parks deteriorated as the county delayed, waiting for the promised improvements. Deadlines passed and the county routinely extended permits. A “final” deadline to complete construction of the hotel came and went in Feb. 2006 with nothing started. Nine months later, over objections from community groups, the county again extended the deadline to July 2008.
The developer, now called Kohala Preserve Conservation Trust, LLC, registered in Delaware, where owners can be kept secret, scaled down the project, subtracted the golf course, and finally in early 2008 scrambled to submit the first plans for 365 of the 641 acres it owns there. None of the environmental monitoring systems or drainage runoff measures was in place. And with not enough time to complete an expected 50-unit hotel by July, the developer instead submitted plans for a 6-unit “temporary” resort to be built in the eventual resort’s parking lot. It was all so rushed that the county issued building and grading permits for the hotel duplex rooms without the required historic sites preservation plan, the environmental monitoring, drainage plan, a plan for the park improvements or public access amenities, the highway improvements, wastewater treatment. In fact the developer had not even brought approved potable water to the project site.
Another glitch was that the resort-zoned land had still not been legally divided from the block of agricultural land intended for the upscale subdivision. Three different plot plans for that were filed during the spring 2008. Recognizing the unmet conditions the county deferred subdivision plans in July. The developer’s construction deadline passed. Temporary resort construction was not complete – IS not complete six months later. Nor are the controversial conditions met.
Meanwhile support for the project in Kohala has been eroding. The promised jobs for the project never materialized. The developer’s recent activities are seen as speculative shadowplay to keep the zoning and permits alive after 20 years of inactivity. A developer actually interested in seeing a project through to the end would have brought water, fixed roads and improved the parks long ago.
More important, widespread interest in keeping the entire North Kohala coast open and free of development is rising. Thirty years of community efforts for an open coastline have begun bearing fruit. Much of the coastal land is owned by the state or large land holdings. Widespread public and private support aimed at purchasing the last remaining smaller shoreline properties have held off residential construction on at least two sites. The recent Land Board decision to purchase private acreage next to Lapakahi Historical Park was widely supported by community organizations. The county’s Open Space, Public Access and Resource Preservation Commission named three Kohala coastal parcels on the top of its priority list for public purchase. The land at Mahukona is listed as third highest islandwide.
The new North Kohala Community Development Plan was adopted into law unanimously by the community steering committee, the Planning Commission and the County Council last year. The NKCDP echoes the call to purchase Mahukona. It warns against land speculation by insisting the county “adhere to time limits set.” Community groups that had been following the zoning process have complained to the county that laws were not being followed.
In response the developer accused the county of moving too slow on its subdivision plans and appealed the July deferral, saying the development should have automatic approval. KAKO’O cried foul and petitioned to intervene in the appeal. It cited the law showing the developer not eligible for automatic approval and documented all the conditions yet unmet. At the hearing all six speakers from Kohala berated the county for making decisions about public access, park improvements, and shoreline use with no input from the community or public. Rather than respond to testimony of residents and KAKO’O, the Board of Appeals in November deferred action so the county could negotiate their differences with the developer, again without community participation. Within two weeks the county granted tentative approval of the subdivision repeating the need to fulfill conditions, which included preparing two environmental assessments. A new one year deadline on the subdivision seemed almost impossible to meet, so the planning director said the developer would have to go to the County Council for further extensions.
The negotiated solution was apparently not enough for the developer who returned to the Board of Appeals two months later and asked again for the automatic approval, which was granted. KAKO’O’s right to intervene was denied.
Maika’i Kamakani ‘O Kohala filed an appeal to the county’s tentative approval, a matter to be heard by the Board of Appeals. KAKAO’O filed an appeal to the automatic approval and denial of standing to intervene in the Circuit Court. So now the two questions above --- 1. How long can the county keep old permits alive? And 2. Can a community have any say in development of its district? --- move on to a new level of discussion.
NOTE: Toni wrote articles for Star Bulletin in the 1970's. My dad always loved her work...
Dear friend of the North Kohala Coastline,
Here is a Mahukona Update
Another chapter in the saga of Mahukona is about to open, so it is clearly time for an update. It has been a confusing, but exciting past few months in the struggle between open coast advocates and resort/subdivision developers. The groups working hard, KAKO’O and Maika’i Kamakani ‘O Kohala, are dedicated to preserving an open coast free of development, offering broader choices for future public uses. Also this is a call for help.
Without embellishment, here is a timeline:
Nov. 2006 Ten months after the previous deadline to build the resort passed without even starting it, the County gave Kohala Preserve Conservation Trust LLC (KPCT) a new deadline of July 14, 2008 to “complete construction” of its resort. KPCT agreed to meet that deadline.
March 4, 2008 KPCT submitted a 48-lot subdivision plan of the resort and surrounding residential lots on 356 of the 641 acres it owns at Mahukona. The County called for changes.
March 12, 2008 the County gave KPCT plan approval of a “temporary” resort of 6 units to be built on the eventual larger resort’s parking lot.
May 2008 KPCT submitted another subdivision map.
June 2008 County issued building permits for the temporary resort construction and a pavilion.
July 2008 KAKO’O and Maika’i Kamakani ‘O Kohala sent detailed letters to the County pointing out where KPCT had not met the conditions of its resort zoning change as the deadline approached. The County officially deferred the subdivision. Construction of the resort was not completed.
Aug. 2008 KPCT appealed the deferral and said the subdivision should be automatically approved.
Sept. 2008 KAKO’O petitioned the Board of Appeals to intervene in KPCTs appeal pointing out the many conditions, including public access and park improvements that had not been met by the deadline.
Nov. 2008 The County Board of Appeals heard testimony from 5 Kohala residents as well as KAKO’O, but deferred discussion of the appeal to allow KPCT and the Planning Director time “to negotiate a settlement.” On his last day in office the planning director issued a tentative approval of the subdivision calling for strict deadlines to complete the many conditions.
Dec. 2008 Maika’i Kamakani ‘O Kohala filed an appeal to the tentative approval, citing the many conditions of the zoning still unmet and the County’s violations of its own rules and regs. as well as State law.
Jan. 2009 Though the County’s tentative approval would normally have ended the appeal, KPCT asked the Board of Appeals again for automatic approval, which was granted. KAKO’O’s petition to intervene was denied.
Feb. 2009 KAKO’O filed suit in court appealing the automatic approval and denial of standing by the Board of Appeals.
--------------------------------------------
The Kohala groups fighting these political shenanigans see this latest end run by KPCT as another way to prolong financial speculation on the Mahukona coastal land that is Kohala’s prime ocean fishing and recreation area as well as a treasure trove of archaeological, historic and cultural sites. The company repeatedly asks the County to extend performance deadlines with little or no action on requirements it agreed to 16 years ago when the resort zoning was granted.
In answer to the latest County give-away KAKO’O has filed an appeal in State court challenging the issuance of the automatic subdivision approval and denial of KAKO’O’s right to intervene. Maika'i is expected to join on KAKO’O’s side. The suit blasts the County for violation of subdivision and zoning codes, the County General Plan, the North Kohala Community Development Plan, State environmental laws, laws protecting historic sites and laws protecting native practice rights. The suit points out how the County and developer have negotiated matters of public access, park improvements and public use of the shoreline with no input from the Kohala community or the public. It is a big step --- potentially as big as or bigger than the suit filed against the County regarding Mahukona development by Citizens for Protection of the North Kohala Coastline in 1993.
Back then Chalon promised the community many jobs in exchange for developing this historically very public area. The current resort offers few. The six resort rooms are seen as a speculative ploy to buy time and keep the old permits alive. It is not known if KPCT will even seek occupancy permits, since to do so will mean paying for all the promised improvements to Mahukona and Kapa’a parks, one of the many yet-unmet conditions.
So how can you help?
It is important that Kohala residents be aware of what is going on. Almost all the public records on the Mahukona resort and subdivision are available to read on the Kamakani ‘O Kohala Ohana – KAKO’O website: kamakani.org -- These also include public filings by KAKO’O, Maika’i and Kohala testimony before the Board of Appeals. Please share what you know about the issue with your friends and family. KPCT will eventually have to go to the County Council for more time extensions and an informed community will be able to respond sensibly. Also let us know if you think of ways to let more people know about the Mahukona and coastal preservation issues.
Preparation of the case is now in the hands of lawyers for both groups. These are people who have gone way out of their way to help Kohala in the past. But court fees, preparing documents, expert witness fees are expected to stretch our meager funds to the max. If you can help us meet these costs, or know of anyone or any organization that can help, please let us know. We financed the last law suit by selling T-shirts, so no donation is too small. Fund raising efforts are being planned now, but in the meantime we need help to meet costs. Please check out the KAKO’O website at kamakani.org. If you have questions please e-mail me at sundownertoni@yahoo.com or KAKO’O at info@kamakani.org.
Another chapter in the saga of Mahukona is about to open, so it is clearly time for an update. It has been a confusing, but exciting past few months in the struggle between open coast advocates and resort/subdivision developers. The groups working hard, KAKO’O and Maika’i Kamakani ‘O Kohala, are dedicated to preserving an open coast free of development, offering broader choices for future public uses. Also this is a call for help.
Without embellishment, here is a timeline:
Nov. 2006 Ten months after the previous deadline to build the resort passed without even starting it, the County gave Kohala Preserve Conservation Trust LLC (KPCT) a new deadline of July 14, 2008 to “complete construction” of its resort. KPCT agreed to meet that deadline.
March 4, 2008 KPCT submitted a 48-lot subdivision plan of the resort and surrounding residential lots on 356 of the 641 acres it owns at Mahukona. The County called for changes.
March 12, 2008 the County gave KPCT plan approval of a “temporary” resort of 6 units to be built on the eventual larger resort’s parking lot.
May 2008 KPCT submitted another subdivision map.
June 2008 County issued building permits for the temporary resort construction and a pavilion.
July 2008 KAKO’O and Maika’i Kamakani ‘O Kohala sent detailed letters to the County pointing out where KPCT had not met the conditions of its resort zoning change as the deadline approached. The County officially deferred the subdivision. Construction of the resort was not completed.
Aug. 2008 KPCT appealed the deferral and said the subdivision should be automatically approved.
Sept. 2008 KAKO’O petitioned the Board of Appeals to intervene in KPCTs appeal pointing out the many conditions, including public access and park improvements that had not been met by the deadline.
Nov. 2008 The County Board of Appeals heard testimony from 5 Kohala residents as well as KAKO’O, but deferred discussion of the appeal to allow KPCT and the Planning Director time “to negotiate a settlement.” On his last day in office the planning director issued a tentative approval of the subdivision calling for strict deadlines to complete the many conditions.
Dec. 2008 Maika’i Kamakani ‘O Kohala filed an appeal to the tentative approval, citing the many conditions of the zoning still unmet and the County’s violations of its own rules and regs. as well as State law.
Jan. 2009 Though the County’s tentative approval would normally have ended the appeal, KPCT asked the Board of Appeals again for automatic approval, which was granted. KAKO’O’s petition to intervene was denied.
Feb. 2009 KAKO’O filed suit in court appealing the automatic approval and denial of standing by the Board of Appeals.
--------------------------------------------
The Kohala groups fighting these political shenanigans see this latest end run by KPCT as another way to prolong financial speculation on the Mahukona coastal land that is Kohala’s prime ocean fishing and recreation area as well as a treasure trove of archaeological, historic and cultural sites. The company repeatedly asks the County to extend performance deadlines with little or no action on requirements it agreed to 16 years ago when the resort zoning was granted.
In answer to the latest County give-away KAKO’O has filed an appeal in State court challenging the issuance of the automatic subdivision approval and denial of KAKO’O’s right to intervene. Makai’i is expected to join on KAKO’O’s side. The suit blasts the County for violation of subdivision and zoning codes, the County General Plan, the North Kohala Community Development Plan, State environmental laws, laws protecting historic sites and laws protecting native practice rights. The suit points out how the County and developer have negotiated matters of public access, park improvements and public use of the shoreline with no input from the Kohala community or the public. It is a big step --- potentially as big as or bigger than the suit filed against the County regarding Mahukona development by Citizens for Protection of the North Kohala Coastline in 1993.
Back then Chalon promised the community many jobs in exchange for developing this historically very public area. The current resort offers few. The six resort rooms are seen as a speculative ploy to buy time and keep the old permits alive. It is not known if KPCT will even seek occupancy permits, since to do so will mean paying for all the promised improvements to Mahukona and Kapa’a parks, one of the many yet-unmet conditions.
So how can you help?
It is important that Kohala residents be aware of what is going on. Almost all the public records on the Mahukona resort and subdivision are available to read on the Kamakani ‘O Kohala Ohana – KAKO’O website: kamakani.org -- These also include public filings by KAKO’O, Maika’i and Kohala testimony before the Board of Appeals. Please share what you know about the issue with your friends and family. KPCT will eventually have to go to the County Council for more time extensions and an informed community will be able to respond sensibly. Also let us know if you think of ways to let more people know about the Mahukona and coastal preservation issues.
Preparation of the case is now in the hands of lawyers for both groups. These are people who have gone way out of their way to help Kohala in the past. But court fees, preparing documents, expert witness fees are expected to stretch our meager funds to the max. If you can help us meet these costs, or know of anyone or any organization that can help, please let us know. We financed the last law suit by selling T-shirts, so no donation is too small. Fund raising efforts are being planned now, but in the meantime we need help to meet costs. Please check out the KAKO’O website at kamakani.org. If you have questions please e-mail me at sundownertoni@yahoo.com or KAKO’O at info@kamakani.org.
Received confirmation yesterday that Native Hawaiian Legal Corporation will be our legal counsel on this case issue. We're fighting along side KAKO'O again for we both want a WIN!
The following as posted by Kohala Action E-news on 12/29/08
Preserving the North Kohala Coast
A BIG win and a new challenge!
The Legacy Land Conservation Commission gave the Kohala community a big Christmas present. At its meeting this month the commission added the Nu'uanu - Reish coastal property -- 17 acres just south of Lapakahi State Park to the State's list for public purchase. It committed $1.25 million to the purchase, which will be assisted by the Trust for Public Lands to meet the negotiated price.
Many Kohala groups and individuals testified in favor of the purchase and commissioners noted the wide community support in its findings.
The allocation of money must still pass through the Land Board, the legislature this next session and be signed by the governor, so active support will have to continue. Kamakani 'O Kohala Ohana -- KAKO'O and other groups are committed to seeing this and other public purchase of coastal property through to completion.
MAHUKONA CHALLENGE: The lands surrounding Mahukona harbor and park are also listed for public purchase by the North Kohala Community Development Plan and the County's Open Space Commission. KAKO'O and Maika'i Kamakani 'O Kohala are continuing challenges to the permits issued in 1993 for resort and subdivision of the land.
The latest legal challenge requires fees and lawyers. KAKO'O has raised some, but not all, of the costs of the challenge. If you can help please check the KAKO'O website at kamakani.org and get in touch with us at info@kamakani.org Your tax-deductible gift would be put to good use protecting the coastline.
Thanks to all who sent in testimony about the Lapakahi land. We are all one step closer to an open and protected coastline.
Comments
SO WHY AREN'T THEY DOING WHAT PREVIOUS COURT ORDERS HAVE SAID TO WORK DIRECTLY WITH THE KOHALA HAWAIIAN CIVIC CLUB AND NA MAKA 'O KOHALA (few members alive that are my relatives) WHO KNOW THE AREA BETTER THAN WHO THEY ARE NOW WORKING WITH? THIS IS THEIR SIDE AND ALL WE SEE ARE SMOKE SCREENS...AUWE! note: Bill Shontell is a distant relative of mine KUPUKA'A LINE INTO KAHOLO LINE. He is an engineer by degree from Oregon State University
Mahukona, Surety Kohala Corporation, and Kohala Preserve Conservation Trust, LLC - another side of the story.
Aloha,
Sophia Schweitzer contacted me on behalf of Surety/Kohala Preserve and asked to have this open letter to the community distributed. In the the spirit of inclusiveness and fostering different viewpoints on issues- here it is. Please contact Bill Shontell or Sophia Schweitzer at 889-5970 if you would like to respond or comment. Andrea
Dear North Kohala Community member,
You may have received the recent Kohala Action E-news article entitled, "New Chapter Opens In Mahukona Saga," which presents a rather distorted and confusing view of Kohala Preserve's development at Mähukona.
Please consider the facts of Mähukona, Surety Kohala Corporation, and Kohala Preserve Conservation Trust, LLC.
Kohala Preserve Conservation Trust is a joint effort by Surety Kohala Corporation and Kohala 'Äina Partners, LLC. As owner of portions of the lands surrounding Mähukona harbor, Kohala Preserve seeks to preserve and enhance Kohala's cultural and community heritage through responsible land use. Intending its development to be a model for sustainable stewardship, Kohala Preserve continues the decades-long tradition of community-oriented contributions initiated by Surety Kohala.
Dedicated to maintaining the open vistas and rural community lifestyle of North Kohala, Kohala Preserve will integrate a low-density, low-profile clustering of 40 dwelling sites into its 366 makai acres at Mähukona. This is a substantial reduction from the nearly 240 sites allowed by the current zoning. Upon implementation of this very limited plan, over 200 acres of the site will be dedicated to open space and agriculture, ensured to remain so for generations to come.
The Kohala Preserve project was largely delayed as a result of years of litigation by Kako'o (f.k.a. Citizens for the Protection of the North Kohala Coastline). Surprisingly, the delay has benefitted the project by allowing us to adapt to evolving market conditions and community input and has resulted in an even stronger project from both an economic and a community-benefit point of view.
The recently-completed duplex cottages and reception/office building comply with the previous County Administration's requirement to build a hotel, and with the County's accelerated schedule for improvements at Mähukona and Kapa'a Parks. The studies, permits, and designs for the parks improvements, all mandated by the County, are currently undergoing County review.
Via formal agreement with the County, public access to the 39-acre conservation district along the shoreline between Mähukona and Kapa'a Beach Parks has been recorded in perpetuity. The building of improved shoreline access along the subdivision roadways can begin after all subdivision plans have been approved. Meanwhile, pedestrian access and managed vehicular access continues, as it has for many years, along the shoreline fronting Mahukona.
Mähukona and Kapa'a Parks improvements as well as public shoreline access stipulations are rigidly defined, after years of discussions and meetings, in zoning ordinances and approved permits. Although opportunities for further formal input in these items is limited, Kohala Preserve is willing to listen to and support positive suggestions.
The "päpa'i", a pavilion for visitors to the project, is nearing completion. Drawing upon Kohala's deep sustainability ethic and honoring the traditional stewards of these lands, the päpa'i was built by local people and with local resources. We intend it to serve as a symbol of Kohala Preserve's commitment to the protection of Kohala's culture, community, and environment. We anticipate that the päpa'i will host community educational, social and cultural events from time to time.
Kohala Preserve has a deep and long-standing relationship with Na Kälai Wa'a Moku o Hawai'i, the builders of the Big Island's traditional voyaging canoe, the Makali'i. Na Kälai Wa'a is and will continue to be the kahu of Ko'a Holo Moana and all other culturally significant sites throughout the project. Sites cared-for and protected in perpetuity, under the guidance of Na Kälai Wa'a, include sites in an especially sensitive 11-acre area which has been down-zoned to prevent any possibility of building there. Kohala Preserve is at work with Na Kälai Wa'a to help create a permanent home from which they will continue their myriad cultural education and voyaging pursuits.
Kohala Preserve promotes conservation ethics, and provides diverse opportunities for the identification, restoration, and land management enhancement of the biological, recreational, and native ecosystem resources within the Preserve. Current initiatives include the near-exclusive use of native plants in landscaping, native wildlife, wetland, and watershed restoration projects in coordination with Natural Resources Conservation Service and University of Hawai'i, sustainable grazing practices, invasive species control, a GPS research station at Mähukona in partnership with the University of Hawaii Pacific GPS Facility to guide earthquake mitigation planning, and partnership discussions with an academic not-for-profit that excels in applied ecosystem research.
Meanwhile, Surety Kohala has long been known for its positive community involvement through employment opportunities, affordable housing, land donations, recreational facility assistance, community access through private lands, family lo'i access, agricultural support, the Kohala Ditch, and more.
Kohala Preserve and Surety Kohala are fully staffed and managed by people with the deepest of roots in Kohala; among us are people who learned to swim at Mähukona, who fished off canoes there, who camp, spear, or collect medicinal plants at Mähukona, and who gather 'opihi, pipipi, wana, hä'uke'uke, limu, 'ili'ili, pöhaku imu, or kiawe there.. Among us are people whose families have conducted their cultural practices for generations at Mähukona; these practices were taught to us by our kupuna, and we foster them to this day. We care deeply for this place.
The Kohala Preserve team welcomes positive suggestions. Our doors are always open. If you have an idea for something that we could do and that might benefit the community, come and talk to us at the Surety Office in Häwï, or call 889-5970. For more information, visit www.kohalapreserve.com.
Mahalo Nui,
Bill Shontell
Project Director
Sophia V. Schweitzer
Outreach and Programs Development
Here's what our attorney is filing. I sent him an e-mail and said, "OMG....made me want to pee in my pants if I was on the BOA...Instead I'm with my family's ihe (spear) saying...."Yeah, that's right, that's right now who wants some of this (ihe)"....LOL
BEFORE THE COUNTY OF HAWAI-Memo in Opposition to Dismiss.doc
This is the project of CHALON aka: Kohala Surety aka: KPCT maybe another aka: Blue Moon??? LOL.
In bed at Mahukona
The first question is: How long will the county lay in bed with a developer who will not or cannot perform on agreements to do what it promised? The answer in Hawaii County is apparently indefinitely.
The second question is how long will the community involved put up with reduced expectations, delayed delivery of promises and having decisions made privately in the halls of Hilo? Not forever.
In the case of the Mahukona resort subdivision the largess of the county increases while the folks in Kohala take action to cut the continued land speculation on a very public place. The community-initiated development plan adopted last year by the county warns the county against land speculation, specifically by ignoring time limits of developers to produce on promises. It pointedly directs the county to purchase open coastal land, including Mahukona, and insists on community participation in land decisions. If the county did not get the message from the North Kohala Community Development Plan two Kohala organizations, Kamakani ‘O Kohala Ohana – KAKO’O and Maika’i Kamakani ‘O Kohala, have recently appealed two county decisions affecting Mahukona.
The land between the county parks at Mahukona and Kapa’a has held special value to the public since earliest Hawaiian settlement in the 1300’s. The first calm water rounding the island from the windward side, it was where canoes crossing the channels were launched and the site of the last remaining navigational heiau. Though it is Crown land, Mahukona changed into the hands of foreigners through an unrecorded transfer from Princess Ruth in the 1800s. As a village, harbor, train station, fishing site it remained open and accessible to all. That is until 1990 when a new foreign owner, Chalon International, cut off court-ordered public access to the shoreline in order to build a resort, golf course and high end subdivision.
The agreements made with the county were not just verbal. They are in the specific conditions of two ordinances (law), special coastal permits and agreements signed with at least two government agencies. These are to provide water, public access, improvements to both county parks, upgrading the highway and roads around it. The county also required, and the owner agreed, to strict control and monitoring of rain runoff, ground water and the ocean and reefs offshore. That was in 1990 and 1993.
All the ordinances and permits required time limits to encourage the developer to get going. But the project for a potential 311-unit hotel and 250 houselots stalled. Public access continued to be blocked, the two parks deteriorated as the county delayed, waiting for the promised improvements. Deadlines passed and the county routinely extended permits. A “final” deadline to complete construction of the hotel came and went in Feb. 2006 with nothing started. Nine months later, over objections from community groups, the county again extended the deadline to July 2008.
The developer, now called Kohala Preserve Conservation Trust, LLC, registered in Delaware, where owners can be kept secret, scaled down the project, subtracted the golf course, and finally in early 2008 scrambled to submit the first plans for 365 of the 641 acres it owns there. None of the environmental monitoring systems or drainage runoff measures was in place. And with not enough time to complete an expected 50-unit hotel by July, the developer instead submitted plans for a 6-unit “temporary” resort to be built in the eventual resort’s parking lot. It was all so rushed that the county issued building and grading permits for the hotel duplex rooms without the required historic sites preservation plan, the environmental monitoring, drainage plan, a plan for the park improvements or public access amenities, the highway improvements, wastewater treatment. In fact the developer had not even brought approved potable water to the project site.
Another glitch was that the resort-zoned land had still not been legally divided from the block of agricultural land intended for the upscale subdivision. Three different plot plans for that were filed during the spring 2008. Recognizing the unmet conditions the county deferred subdivision plans in July. The developer’s construction deadline passed. Temporary resort construction was not complete – IS not complete six months later. Nor are the controversial conditions met.
Meanwhile support for the project in Kohala has been eroding. The promised jobs for the project never materialized. The developer’s recent activities are seen as speculative shadowplay to keep the zoning and permits alive after 20 years of inactivity. A developer actually interested in seeing a project through to the end would have brought water, fixed roads and improved the parks long ago.
More important, widespread interest in keeping the entire North Kohala coast open and free of development is rising. Thirty years of community efforts for an open coastline have begun bearing fruit. Much of the coastal land is owned by the state or large land holdings. Widespread public and private support aimed at purchasing the last remaining smaller shoreline properties have held off residential construction on at least two sites. The recent Land Board decision to purchase private acreage next to Lapakahi Historical Park was widely supported by community organizations. The county’s Open Space, Public Access and Resource Preservation Commission named three Kohala coastal parcels on the top of its priority list for public purchase. The land at Mahukona is listed as third highest islandwide.
The new North Kohala Community Development Plan was adopted into law unanimously by the community steering committee, the Planning Commission and the County Council last year. The NKCDP echoes the call to purchase Mahukona. It warns against land speculation by insisting the county “adhere to time limits set.” Community groups that had been following the zoning process have complained to the county that laws were not being followed.
In response the developer accused the county of moving too slow on its subdivision plans and appealed the July deferral, saying the development should have automatic approval. KAKO’O cried foul and petitioned to intervene in the appeal. It cited the law showing the developer not eligible for automatic approval and documented all the conditions yet unmet. At the hearing all six speakers from Kohala berated the county for making decisions about public access, park improvements, and shoreline use with no input from the community or public. Rather than respond to testimony of residents and KAKO’O, the Board of Appeals in November deferred action so the county could negotiate their differences with the developer, again without community participation. Within two weeks the county granted tentative approval of the subdivision repeating the need to fulfill conditions, which included preparing two environmental assessments. A new one year deadline on the subdivision seemed almost impossible to meet, so the planning director said the developer would have to go to the County Council for further extensions.
The negotiated solution was apparently not enough for the developer who returned to the Board of Appeals two months later and asked again for the automatic approval, which was granted. KAKO’O’s right to intervene was denied.
Maika’i Kamakani ‘O Kohala filed an appeal to the county’s tentative approval, a matter to be heard by the Board of Appeals. KAKAO’O filed an appeal to the automatic approval and denial of standing to intervene in the Circuit Court. So now the two questions above --- 1. How long can the county keep old permits alive? And 2. Can a community have any say in development of its district? --- move on to a new level of discussion.
--- by Toni Withington, Hawi
Dear friend of the North Kohala Coastline,
Here is a Mahukona Update
Another chapter in the saga of Mahukona is about to open, so it is clearly time for an update. It has been a confusing, but exciting past few months in the struggle between open coast advocates and resort/subdivision developers. The groups working hard, KAKO’O and Maika’i Kamakani ‘O Kohala, are dedicated to preserving an open coast free of development, offering broader choices for future public uses. Also this is a call for help.
Without embellishment, here is a timeline:
Nov. 2006 Ten months after the previous deadline to build the resort passed without even starting it, the County gave Kohala Preserve Conservation Trust LLC (KPCT) a new deadline of July 14, 2008 to “complete construction” of its resort. KPCT agreed to meet that deadline.
March 4, 2008 KPCT submitted a 48-lot subdivision plan of the resort and surrounding residential lots on 356 of the 641 acres it owns at Mahukona. The County called for changes.
March 12, 2008 the County gave KPCT plan approval of a “temporary” resort of 6 units to be built on the eventual larger resort’s parking lot.
May 2008 KPCT submitted another subdivision map.
June 2008 County issued building permits for the temporary resort construction and a pavilion.
July 2008 KAKO’O and Maika’i Kamakani ‘O Kohala sent detailed letters to the County pointing out where KPCT had not met the conditions of its resort zoning change as the deadline approached. The County officially deferred the subdivision. Construction of the resort was not completed.
Aug. 2008 KPCT appealed the deferral and said the subdivision should be automatically approved.
Sept. 2008 KAKO’O petitioned the Board of Appeals to intervene in KPCTs appeal pointing out the many conditions, including public access and park improvements that had not been met by the deadline.
Nov. 2008 The County Board of Appeals heard testimony from 5 Kohala residents as well as KAKO’O, but deferred discussion of the appeal to allow KPCT and the Planning Director time “to negotiate a settlement.” On his last day in office the planning director issued a tentative approval of the subdivision calling for strict deadlines to complete the many conditions.
Dec. 2008 Maika’i Kamakani ‘O Kohala filed an appeal to the tentative approval, citing the many conditions of the zoning still unmet and the County’s violations of its own rules and regs. as well as State law.
Jan. 2009 Though the County’s tentative approval would normally have ended the appeal, KPCT asked the Board of Appeals again for automatic approval, which was granted. KAKO’O’s petition to intervene was denied.
Feb. 2009 KAKO’O filed suit in court appealing the automatic approval and denial of standing by the Board of Appeals.
--------------------------------------------
The Kohala groups fighting these political shenanigans see this latest end run by KPCT as another way to prolong financial speculation on the Mahukona coastal land that is Kohala’s prime ocean fishing and recreation area as well as a treasure trove of archaeological, historic and cultural sites. The company repeatedly asks the County to extend performance deadlines with little or no action on requirements it agreed to 16 years ago when the resort zoning was granted.
In answer to the latest County give-away KAKO’O has filed an appeal in State court challenging the issuance of the automatic subdivision approval and denial of KAKO’O’s right to intervene. Maika'i is expected to join on KAKO’O’s side. The suit blasts the County for violation of subdivision and zoning codes, the County General Plan, the North Kohala Community Development Plan, State environmental laws, laws protecting historic sites and laws protecting native practice rights. The suit points out how the County and developer have negotiated matters of public access, park improvements and public use of the shoreline with no input from the Kohala community or the public. It is a big step --- potentially as big as or bigger than the suit filed against the County regarding Mahukona development by Citizens for Protection of the North Kohala Coastline in 1993.
Back then Chalon promised the community many jobs in exchange for developing this historically very public area. The current resort offers few. The six resort rooms are seen as a speculative ploy to buy time and keep the old permits alive. It is not known if KPCT will even seek occupancy permits, since to do so will mean paying for all the promised improvements to Mahukona and Kapa’a parks, one of the many yet-unmet conditions.
So how can you help?
It is important that Kohala residents be aware of what is going on. Almost all the public records on the Mahukona resort and subdivision are available to read on the Kamakani ‘O Kohala Ohana – KAKO’O website: kamakani.org -- These also include public filings by KAKO’O, Maika’i and Kohala testimony before the Board of Appeals. Please share what you know about the issue with your friends and family. KPCT will eventually have to go to the County Council for more time extensions and an informed community will be able to respond sensibly. Also let us know if you think of ways to let more people know about the Mahukona and coastal preservation issues.
Preparation of the case is now in the hands of lawyers for both groups. These are people who have gone way out of their way to help Kohala in the past. But court fees, preparing documents, expert witness fees are expected to stretch our meager funds to the max. If you can help us meet these costs, or know of anyone or any organization that can help, please let us know. We financed the last law suit by selling T-shirts, so no donation is too small. Fund raising efforts are being planned now, but in the meantime we need help to meet costs. Please check out the KAKO’O website at kamakani.org. If you have questions please e-mail me at sundownertoni@yahoo.com or KAKO’O at info@kamakani.org.
Malama na lihikai ‘o Kohala nei, toni withington
Dear friend of the North Kohala Coastline,
Here is a Mahukona Update
Another chapter in the saga of Mahukona is about to open, so it is clearly time for an update. It has been a confusing, but exciting past few months in the struggle between open coast advocates and resort/subdivision developers. The groups working hard, KAKO’O and Maika’i Kamakani ‘O Kohala, are dedicated to preserving an open coast free of development, offering broader choices for future public uses. Also this is a call for help.
Without embellishment, here is a timeline:
Nov. 2006 Ten months after the previous deadline to build the resort passed without even starting it, the County gave Kohala Preserve Conservation Trust LLC (KPCT) a new deadline of July 14, 2008 to “complete construction” of its resort. KPCT agreed to meet that deadline.
March 4, 2008 KPCT submitted a 48-lot subdivision plan of the resort and surrounding residential lots on 356 of the 641 acres it owns at Mahukona. The County called for changes.
March 12, 2008 the County gave KPCT plan approval of a “temporary” resort of 6 units to be built on the eventual larger resort’s parking lot.
May 2008 KPCT submitted another subdivision map.
June 2008 County issued building permits for the temporary resort construction and a pavilion.
July 2008 KAKO’O and Maika’i Kamakani ‘O Kohala sent detailed letters to the County pointing out where KPCT had not met the conditions of its resort zoning change as the deadline approached. The County officially deferred the subdivision. Construction of the resort was not completed.
Aug. 2008 KPCT appealed the deferral and said the subdivision should be automatically approved.
Sept. 2008 KAKO’O petitioned the Board of Appeals to intervene in KPCTs appeal pointing out the many conditions, including public access and park improvements that had not been met by the deadline.
Nov. 2008 The County Board of Appeals heard testimony from 5 Kohala residents as well as KAKO’O, but deferred discussion of the appeal to allow KPCT and the Planning Director time “to negotiate a settlement.” On his last day in office the planning director issued a tentative approval of the subdivision calling for strict deadlines to complete the many conditions.
Dec. 2008 Maika’i Kamakani ‘O Kohala filed an appeal to the tentative approval, citing the many conditions of the zoning still unmet and the County’s violations of its own rules and regs. as well as State law.
Jan. 2009 Though the County’s tentative approval would normally have ended the appeal, KPCT asked the Board of Appeals again for automatic approval, which was granted. KAKO’O’s petition to intervene was denied.
Feb. 2009 KAKO’O filed suit in court appealing the automatic approval and denial of standing by the Board of Appeals.
--------------------------------------------
The Kohala groups fighting these political shenanigans see this latest end run by KPCT as another way to prolong financial speculation on the Mahukona coastal land that is Kohala’s prime ocean fishing and recreation area as well as a treasure trove of archaeological, historic and cultural sites. The company repeatedly asks the County to extend performance deadlines with little or no action on requirements it agreed to 16 years ago when the resort zoning was granted.
In answer to the latest County give-away KAKO’O has filed an appeal in State court challenging the issuance of the automatic subdivision approval and denial of KAKO’O’s right to intervene. Makai’i is expected to join on KAKO’O’s side. The suit blasts the County for violation of subdivision and zoning codes, the County General Plan, the North Kohala Community Development Plan, State environmental laws, laws protecting historic sites and laws protecting native practice rights. The suit points out how the County and developer have negotiated matters of public access, park improvements and public use of the shoreline with no input from the Kohala community or the public. It is a big step --- potentially as big as or bigger than the suit filed against the County regarding Mahukona development by Citizens for Protection of the North Kohala Coastline in 1993.
Back then Chalon promised the community many jobs in exchange for developing this historically very public area. The current resort offers few. The six resort rooms are seen as a speculative ploy to buy time and keep the old permits alive. It is not known if KPCT will even seek occupancy permits, since to do so will mean paying for all the promised improvements to Mahukona and Kapa’a parks, one of the many yet-unmet conditions.
So how can you help?
It is important that Kohala residents be aware of what is going on. Almost all the public records on the Mahukona resort and subdivision are available to read on the Kamakani ‘O Kohala Ohana – KAKO’O website: kamakani.org -- These also include public filings by KAKO’O, Maika’i and Kohala testimony before the Board of Appeals. Please share what you know about the issue with your friends and family. KPCT will eventually have to go to the County Council for more time extensions and an informed community will be able to respond sensibly. Also let us know if you think of ways to let more people know about the Mahukona and coastal preservation issues.
Preparation of the case is now in the hands of lawyers for both groups. These are people who have gone way out of their way to help Kohala in the past. But court fees, preparing documents, expert witness fees are expected to stretch our meager funds to the max. If you can help us meet these costs, or know of anyone or any organization that can help, please let us know. We financed the last law suit by selling T-shirts, so no donation is too small. Fund raising efforts are being planned now, but in the meantime we need help to meet costs. Please check out the KAKO’O website at kamakani.org. If you have questions please e-mail me at sundownertoni@yahoo.com or KAKO’O at info@kamakani.org.
Malama na lihikai ‘o Kohala nei, toni withington
Received confirmation yesterday that Native Hawaiian Legal Corporation will be our legal counsel on this case issue. We're fighting along side KAKO'O again for we both want a WIN!
Preserving the North Kohala Coast
A BIG win and a new challenge!
The Legacy Land Conservation Commission gave the Kohala community a big Christmas present. At its meeting this month the commission added the Nu'uanu - Reish coastal property -- 17 acres just south of Lapakahi State Park to the State's list for public purchase. It committed $1.25 million to the purchase, which will be assisted by the Trust for Public Lands to meet the negotiated price.
Many Kohala groups and individuals testified in favor of the purchase and commissioners noted the wide community support in its findings.
The allocation of money must still pass through the Land Board, the legislature this next session and be signed by the governor, so active support will have to continue. Kamakani 'O Kohala Ohana -- KAKO'O and other groups are committed to seeing this and other public purchase of coastal property through to completion.
MAHUKONA CHALLENGE: The lands surrounding Mahukona harbor and park are also listed for public purchase by the North Kohala Community Development Plan and the County's Open Space Commission. KAKO'O and Maika'i Kamakani 'O Kohala are continuing challenges to the permits issued in 1993 for resort and subdivision of the land.
The latest legal challenge requires fees and lawyers. KAKO'O has raised some, but not all, of the costs of the challenge. If you can help please check the KAKO'O website at kamakani.org and get in touch with us at info@kamakani.org Your tax-deductible gift would be put to good use protecting the coastline.
Thanks to all who sent in testimony about the Lapakahi land. We are all one step closer to an open and protected coastline.
Toni Withington, Kamakani 'O Kohala Ohana