UPDATE ON PROPOSED REZONE
The Honolulu City Council has called a hearing for Bill 27 on January 23, 2020 at 10 am at Honolulu Hale. See Agenda
Please read and sign the petition below to oppose Bill 27.
Horseshoe Land Company is requesting to rezone preservation land in Pu'ohala Village into residential zoning. We strongly oppose this request for several reasons listed below. If you are able to, please be there and be prepared to testify. Prior to the hearing, please sign the petition below. Mahalo!
Here are links to recent media coverage: Free Lunch Civil Beat, KHON ,Civil Beat, Star Advertiser, KITV, Hawaii News Now
Please read and sign the petition below to oppose Bill 27.
Horseshoe Land Company is requesting to rezone preservation land in Pu'ohala Village into residential zoning. We strongly oppose this request for several reasons listed below. If you are able to, please be there and be prepared to testify. Prior to the hearing, please sign the petition below. Mahalo!
Here are links to recent media coverage: Free Lunch Civil Beat, KHON ,Civil Beat, Star Advertiser, KITV, Hawaii News Now
Petition to Oppose Horshoe Land Company's application to rezone Pu'ohala Preservation Land
Petition written by Kau'i Pratt-Aquino, Contact: (808) 393-1948 for any questions or concerns.
January 18, 2020
Honolulu City Council
RE: Petition in Opposition to Bill 27, Horseshoe Land Company, LLC’s rezone application for parcels with TMKs: 4-5-018-049 and 4-5-030-049 (near Pūʻōhala and Waiawi Streets)
Matter: Application to change zoning from P-2 Preservation to R 7.5 Residential
Dear Members of the Honolulu City Council,
On behalf of the Pūʻohala Community, we submit our names in strong opposition to Horseshoe Land Company’s request to rezone preservation land in Pūʻōhala Village in Kāneʻohe into a residential development. We do not support the recommendations of the city Planning Commission (see below) and the Department of Permitting and Planning.
As residents and friends of this community, we respectfully ask you to reject Bill 27 for the following reasons:
Residents and Friends of the Pūʻōhala Community
January 18, 2020
Honolulu City Council
RE: Petition in Opposition to Bill 27, Horseshoe Land Company, LLC’s rezone application for parcels with TMKs: 4-5-018-049 and 4-5-030-049 (near Pūʻōhala and Waiawi Streets)
Matter: Application to change zoning from P-2 Preservation to R 7.5 Residential
Dear Members of the Honolulu City Council,
On behalf of the Pūʻohala Community, we submit our names in strong opposition to Horseshoe Land Company’s request to rezone preservation land in Pūʻōhala Village in Kāneʻohe into a residential development. We do not support the recommendations of the city Planning Commission (see below) and the Department of Permitting and Planning.
As residents and friends of this community, we respectfully ask you to reject Bill 27 for the following reasons:
- Unjust Development: Bill 27 is dangerous because, with an approval, it rewards bad actors, like Mr. Tampos, and emboldens them to exploit preservation land for profit. It’s bad public policy to reward bad actors who purchase preservation land at rock bottom prices with the intent to convert these lands to make millions at the detriment of the surrounding community. It is not fair when thousands of Hawai'i families suffer to make ends meet and purchase homes at fair market value. To be clear, the current assessed value of the parcels is $188,000. We understand Mr. Tampos purchased the land for much less. At one point, he offered to sell it to our community for over $2 mil, a price we cannot afford. With this strategy, other developers could identify “cheap” preservation land, bully the community and force a rezone to turn a profit. We reject this attempt wholeheartedly and encourage you to do the same. He was aware that this property was zoned as preservation land. We should not have to pay for his poor business decision when he received actual notice the community did not support any development on this land in May 2017. We also understand he owns another parcel designated as preservation land near Pūʻōhala (near Waikalua). We request the City conduct a background check to determine if he owns other preservation land county-wide.
- Flood Prone Area: This area is prone to flood because a) it is near the Kāneʻohe Stream, which overflows with heavy rains and; b) the lands are located at the bottom of a downward slope where drainage from the entire Village is collected. There is a huma sized storm drain at the end of Lanipola Street that is directed at the proposed site. Lifetime residents, some who have lived in Pūʻōhala for over fifty years, testified to this. They also stated it was well known the foundation of the lands are too wet to support any development. On January 17, 2019, the Kāneʻohe Neighborhood Board agreed. The board voted unanimously to reject the project (See Resolution below) citing serious concerns over flooding. It would be unconscionable for the City to ignore the well documented concerns and approve Bill 27. The flooding will threaten existing property owners and, if passed, new land owners.
- Increased Traffic: This area is already congested with traffic making it difficult for our children and residents to travel safely on Pūʻohala and Pua Inia Streets. A residential development will further congest this area at the detriment of current land owners. Residents of Waiawi, Pūʻohala and Pua Inia streets are already challenged to travel in and from their homes. This development will further burden them and the surrounding homes in this area. The entire subdivision will be impacted by the development. We strongly believe the traffic assessment in the December 15 letter is wholly inaccurate. We request that the appropriate government agency conduct a comprehensive traffic assessment in this area.
- Infrastructure Inadequate: Some residents are not able to build accessory development units in this subdivision due to the lack of infrastructure. How can we support a rezone application at the detriment of our own rights? During this time when Hawaii’s cost of living is high, we should be able to first serve our families instead of prioritizing new development over our own rights.
- Protection of Natural Resources and Endangered Hoary Bat: The undeveloped parcels provide sufficient open space to protect our natural resources, including our fresh water streams and the hoary bat. This includes the outflow of water in Kāneʻohe Stream (“KS” or “stream”) to Kāneʻohe bay. The water quality of this stream will be directly impacted by any run off from the project. Next to the KS inlet to the bay is Waikalua Loko I’a Fishpond, a historical and culturally significant site in our community. This has already been declared a vulnerable area under the KSPC and active efforts have been put in place to mitigate existing harm. More development will work against those efforts to regenerate the stream and bay. The Department of Health has posted a sign in front of the parcels notifying the public that the water in this area may be polluted. A residential development will cause further harm. We request a full evaluation and assessment from the Department of Health, Department of Land and Natural Resources, the Commission on Water Resource Management and any and all relevant government agencies regarding the impact the proposed development will have on the stream/bay. No action should take place until these assessments have been provided to the public for input.
- Protection of Waikalua Loko Iʻa Fishpond. The water quality of Kāneʻohe Stream is absolutely critical for the regeneration of this historical site. The fishpond is a place for resource management training, cultural practices and education. We request the City prioritize the preservation of this ancient site over any development. There are several cultural practitioners who practice customary and traditional rights in this area. The development will adversely impact their rights. Under the Hawaiʻi State Constitution Article 12 Section 7, the government is mandated to protect customary and traditional rights. There is no priority right to build residential homes at the detriment of cultural rights in the area, specifically land that has been designated as preservation. We request a full evaluation and assessment by the Office of Hawaiian Affairs, and any and all state and county level agencies regarding the impact on the fishpond and customary and traditional rights. We request Mr. Tampos and relevant government agencies interview any and all cultural practitioners of the fishpond and this area. He is the landowner who is requesting the rezone change. Thus, he should bear the burden to gather this critical information, not the community.
- Preservation Land: As residents, we are entitled to the open space of this property under ROH Sec. 21-3.40. This space offers our community the ability to preserve our precious family-based landscape in alignment with the Koolaupoko Communities Sustainable Plan. This area has not been identified as an area for development. In fact, the KSCP directs development to the ewa plain.
- Federal Wetlands Designation: The land may be designated as Wetlands. Under KSCP, Kāneʻohe is known for many wetland areas, known and unknown. We request a full investigation and assessment from any and all federal agencies regarding the wetlands designation prior to making any decision on his application.
- Failure to Respond to Prior Concerns/Issues: On July 28, 2017, residents of Pūʻohala sent Mr. Tampos and RM Towill notice of our concerns and issues related to this property. The concerns are relevant and applicable to any development. Mr. Tampos has not, to date, sufficiently responded to our concerns as mandated by Revised Ordinances of Honolulu (“ROH”) Section 21-2.40-2. A copy of this letter is provided below.
- Notice Insufficient: On December 15, 2018, RM Towill mailed a letter to property owners within 300 feet of the proposed project during the holiday season. Many residents were upset and insulated by the letter because most were busy spending time with their families. We dispute the letter. It did not meet the notice requirements of Section 21-2.40-2 because it was vague and ambiguous and did not provide property owners with a meaningful opportunity to be heard. The letter stated property owners could comment by written notice but it did not provide a deadline to when those comments were due. In my contact with DPP, DPP verbally stated the deadline for comments was on Sunday, January 20, 2019. Then on January 11, 2019, DPP informed me that the deadline was January 17, 2019 but DPP would accept comments to January 20, 2019. No deadline was provided in the December 15 letter. Thus, property owners were not given sufficient and clear instructions to voice their concerns. Property owners were confused because many believed the rezone had already been approved and that they would not have a chance to dispute the project.
- Right to Use and Enjoy Our Homes: We as a community cannot fully enjoy our own homes with this development. More development and more people mean less enjoyment to our own property rights due to the increased density and traffic in the area.
- Grading of Land: A resident has shared that Mr. Tampos has graded the land. We request the City investigate the matter to determine if he violated any and all permitting laws. If he has, we request the City take appropriate action against him.
Residents and Friends of the Pūʻōhala Community
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