Kohala News: Focus on Mahukona, Kokua is Needed!!

Dear friend of the North Kohala Coastline,

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