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Bill 1 (2019)
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RE: Ko’olauloa Sustainable Communities Plan - Bill1(2019)
We oppose Bill1(2019) Koolauloa Sustainable Communities Plan in its amended version. We oppose the expanded 50-acre growth boundaries to include North La’ie (Malaekahana) for housing and community growth. This expansion into Malaekahana/North Laie is of great concern to us.
We do support Council Member Heidi Tsuneyoshi’s council communication (CC) 183 relating to Bill1 as it removes the approximately 50 acres in Malaekahana from the community growth boundary. We are opposed to Bill1(2019) until the expansion of the community growth boundary is deleted from Malaekahana and council communication 183 does that. We also support CC183’s language that adds 50 acres at Kawela Bay and Kahuku point into the city’s park inventory.
Also, we do not support the re-zoning of valuable agricultural lands to allow for unsustainable housing developments. We hope that a lesson is learned from this pandemic and that Hawaii needs to do more retain agricultural lands to be more sustainable. We need to grow our own food and not be dependent on outside resources. Re-zoning agriculture land willonly contribute to this problem of dependency. Our family has owned property at Malaekahana since the 1950’s. We have seen many changes. The once sleepy Kamehameha Hwy with trains hauling cane along one side of the road, now has a constant stream of cars. No upgrades to the road have been made to accommodate the increased number of cars filled with tourist and residents, busses and trucks that use this highway. The one small hospital struggles to accommodate the injured tourist and residents that might need services in an emergency. A fast trip to the town in an ambulance is taken along that same congested Kamehameha Hwy. Yikes..
What other affect willadditional housing have on the congestion of our highway and the infrastructure? What other problems are around the corner? The answer is unknown.
Ask yourself who willprofit from these changes proposed in this amended bill? The residents of this area have been writing and expressing their concerns/opposition for many years. There have been multiple meetings. Itgoes on and on and on. We thought it had been decided years ago not to include the 50 acres in Malaekahana but once again Bill1 has been resurrected. WHY?
Mahalo. Bud and Cindy Johnstone 56-157 Kamehameha Hwy.
Kahuku. HI Page 1 of I
Speaker Registration/Testimony
Name Marcia M Braden Phone 8082213115 Email mbraden808grnai1.com Meeting Date 10-29-2020 Council/PT-I Zoning Committee
Agenda Item Bill I Your position Oppose on the matter Representing Self Organization I oppose Bill 1(2019) Ko’olauloa Sustainable Communities Plan because in its amended version, it expands the community growth boundaries for housing into Malaekahana. I do not support an increase to the community growth boundary of La’ie into Malaekahana. I do not support housing development in “North La’ie.” I do not support the transfer of valuable agricultural lands to an unsustainable housing development. I support Council Member Heidi Tsuneyoshi’s council communication (CC) 183 relating Written to Bill 1 as it removes the approximately 50 acres in Malaekahana from the community TCS imony growth boundary. I also support CC 183’s language that adds 50 acres at Kawela Bay, and Kahuku point, into the city’s park inventory. We must protect our open spaces and agricultural land! As we work to becoming more food resilient, we cannot loose more prime ag land. In addition, the infrastructure in the Kahuku/Malaekahana/Laie area does not support more development. The highway is crumbling into the ocean and is much too congested. Testimony Attaclrnent Accept Terms and Agreement
IP: 192.168.200.67
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Speaker Registration/Testimony
Name V Pahia Phone 808-293-5707 Email Vikkipahiayahoo.com Meeting Date 10-29-2020 Council/PH Zomng Committee
Agenda Item Bill I Your position Oppose on the matter Representing Self Organization Chair Ron Menor and Council Members.
I oppose Bill 1 (2019) Ko’olauloa Sustainable Communities Plan because in its amended
version. it expands the community growth boundaries for housing into Malaekahana. I do not support an increase to the community growth boundary ofLa’ie into
Malaekahana. I do not support housing development in “North Laie.” I do not support the transfer of valuable agricultural lands to an unsustainable housing development. I support Council Member Heidi Tsuneyoshi’s council communication (CC) 183 relating to Bill 1 as it removes the approximately 50 acres in ivlalaekahana from the community growth boundary. I also support CC 183’s language that adds at Written 50 acres Kawela Bay. and Kahuku point, into the city’s park inventory. The sustainable Testimon) communities plan for Koolauloa was put into place with the entire people of Koolauloa working hard to make it a good, reasonable way to control growth and have control over our communities. Now just ONE community “LAIE”. is trying to amend it for only their benefit. This will continue to be problematic to every one else living in the Koolauloa area and everyone who wants the country to be a place to go with family and friends to get away from town
unless CC 83 relating to Bill I is passed. We need Ibis to be done so our lands are forever protected.
Mahalo, V Pahia Testimony Attachment Accept
Terms and 1 Agreement
IP: 192.168.200.67
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Speaker Registration/Testimony
\arne LeeAnn Scovel Phone 8087794525 Email lvscoveIvahoo.com Meeting Date 10-29-2020 Council/PH Zoning Committee
Agenda Item Bill I Your position Oppose on the matter Representing Self Organization To the attention of: Zoning, Pianning and 1-lousingChair Ron Menor and Council Members
Mr. Menor. I oppose Bill 1 (2019) Ko’olauloa Sustainable Communities Plan because in its amended version. it expands the community growth boundaries for housing into
Written Malaekahana. I do not support an increase to the community growth boundary of Laie Testimony into Malaekahana. I do not support housing development in “North La’ie.” I do not support the transfer of valuable agricultural lands to an unsustainable housing development. I support Council Member Heidi Tsuneyoshi ‘s council communication
(CC) 183 relating to Bill 1 as it removes the approximately 50 acres in Malaekahana
from the community growth boundary. I also support CC 183s language that adds 50 acres at Kawela Bay, and Kahtiku point, into the city s park inventory. Testimony Attachment Accept Terms and 1 Agreement
IP: 192.168.200.67
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Speaker Registration/Testimony
Name Bronze Fonoimoana Phone 8083662792 Email fonoimoanabronzegmail.com Meeting Date 10-29-2020 Council/PH Committee Zoning
Agenda Item Bill I Your position on the matter Oppose Representing Self Organization
Written Testimony I oppose bill I. Keep the country and ag lands. Testimony Attachment
Accepi Terms and Agreement 1
IP: 192.168200.67
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Speaker Registration/Testimony
Name Lowell Burton Phone 4109670086 Email lbuiion2gmail.corn Meeting Date 10-29-2020 Council/Pt-I Zoning Committee
Agenda Item Bill I Your position Oppose on the matter Representing Self organizati on To the Zoning. Planning and Housing Chair and Council Members:
I oppose the Ko’olauloa Sustainable Communities Plan outlined in Bill 1 (2019) because in its amended version. it expands the community growth boundaries for housing into Malaekahana. I do not support an increase to the community growth boundary of Laie into Malackahana. I do not support housing development in “North Lä’ie.’ I do not Written •;,. suppoit the transfer of valuable agricultural lands to an unsustainable housing Testimony development. I support Council Member Heidi Tsuneyoshi’ s council communication
(CC) 183 relating to Bill 1 as it removes the approximately 50 acres in Malaekahana from the community growth boundary. I also support CC 183’s language that adds 50 acres at Kawela Bay, and Kahuku point, into the citys park inventory. Continued development in Ihese areas is damaging to our precious environment and natural resources, to the structure of the community, and oftentimes to the cultural heritagc of the Native l-Iawaiian people. Testimony Attachment Accept reris and 1 Agreement
IP: 192,168.200.67
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Speaker Registration/Testimony
Name Michael Kirk-Kuwave Phone (808) 237-7082 Email rnikekkfolk’ç7gmail.com Meeting Date 10-29-2020
Council/P1-1 Zoniiw Committee Agenda Item Bill 1(2019) Your position Oppose on the matter Representing Self Organization Aloha Zoning, Planning and Housing Chair Menor and Council Members,
I oppose Bill 1(2019) Ko’olau[oa Sustainable Communities Plan (KSCP) because, in its amended version. it expands the community growth boundaries (CGB) by about 50 acres for housing into Malaekahana. which in this Bill is referred to as North La ic” Howcvcr. I do support Council Member Heidi Tsuneyoshi’s Council Communication (CC) 183. which removes these 50 acres of housing from the proposed expansion of the CBG in Bill 1(2019), thereby protecting valuable agricultural land from urban development. I also support CC 183’s language that adds 50 acres at Kawela Bay, and Kahuku point, into the city’s park inventor.
Bill 1 (2019), without CC 183. will result in:
I) the permanent loss of agricultural zoned lands to development when the pandemic has shown that O’ahu needs to develop its own food supply chain; Written
Testimony 2) real and appropriate solutions to affordable housing — e.g. district infill. land within the existing Lä’ie community growth boundary — not being pursued; and
3) the loss of the rural essence of Ko’olauloa -- evidenced by the already congested two- lane, single access highway burdened by development.
The Koolauloa community has shown overwhelming, consistent, and long-term opposition to this development. Council Member Tsuneyoshi. by putting forth CC 183. should be commended for representing the view-sof her community. After the devastating construction of the wind turbines in Kahuku. I hope this time our community voices are heard and that there will be no expansion ol’the community growth boundaries for development.
Mahalo for considering my views.
Michael Kirk-Kuwaye
1AppPatLo I9(719O Page 1 of 1
Speaker Registration/Testimony
Name Toby Morris Phone 8083065619 Email trnbi?ihawaii.rr.com Meeting Date 10-29-2020 Council/PH Committee Zoning Agenda Item Bilil Your position on the matter Oppose Representing Self Organization
Written Testimony On behalf of all keiki. I oppose anNmore development. Testimony Attachment
Accept Terms and Agreement 1
IP: 192.168.200.67
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Speaker Registration/Testimony
Name Alana Rask Phone 808-429-0479 Email 8aIana8gniai1.com Meeting Date 0-29-2020 Council/PH Zoning Committee
Agenda Item Bill I Your position Oppose on the matter Representing Self Organization Dear Zoning, Planning and I-lousing Chair Ron Menor and Council Members,
I strongly oppose Bill 1(2019) Koolauloa Sustainable Communities Plan because in its amended version. it expands the community growth boundaries for housing into Malaekahana. I spend a lot of time at Malaekahana and I do not support an increase to
the community growth boundary of La’ie into Malaekahana. I do not support housing Written development in “North Lä’ie.” I do not support the transfer of valuable agricultural lands Testimony to an unsustainable housing development. I support Council Member Heidi
Tsuneyoshi’s council communication (CC) 183 relating to Bill I as it removes the
approximately 50 acres in Malaekahana from the community growth boundary. I also support CC 183’s language that adds 50 acres at Kawela Bay, and Kahuku point, into the citys park inventory. Mahalo for your consideration.
Alana Rask Testimony Attachment Accept Terms and 1 Agreement
IP: 192.168.200.67
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Speaker Registration/Testimony
Name Martin Devev Phone 530 417-6137
Email Martindeveygmai1 corn Meeting Date 10-29-2020 Council/PH Zoning Committee
Agenda Item Bill 1 Your position on Oppose the matter Representing Self Organization I oppose Bill 1. Development of agriculture is wrong. The state should be fighting to preserve land on this island. Our community does not gain from million dollar Written Testimony homes being developed.
I Do support council member Heidi Tsuneyoshi ccl 83 as it’s writlen. Testimony Attachment Accept Terms and Agreement 1
IP: 192.168200.67
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Speaker Registration/Testimony
Name Laura Gray Phone 808-7945980 Email Lauragdivefish.com Meeting Date 10-29-2020 Council/PH Zoning Committee Agenda Item Bull Your position Oppose on the matter Representing Self Organization
I support council member Heidi Tsuncyoshi’s Cc183 relating to bull I am very great full that there is someone actually listening to us since we have been doing this for a very long time. We want our important Ag land to remain. We do not want cities in the
/ .. country. It is not safe. There is just the small narro\•vroad which is going under and no I itten trauma center. As an RN. I can assure you that this is not defensible is Testimon and irresponsible. No hardened hurricane center and people will be stranded. Also the septic system and flooding are already an issue and polluting the ocean which is already a health issue. Also the 50 acres at Kawela Bay and Kahuku point should be designated as park land. N4ahalo.Laura Gray Testimony Attachment Accept Terms and 1 Agreement
IP: 192.168.200.67
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Speaker Registration/Testimony
Name BIANCA ISAKI Phone 8089275606 Email BIANCA@,KAHEA.ORG Meeting Date 10-29-2020 Council/PH Zonina Committee
Agenda Item Bill I Your position Oppose on the matter Representing Self Organization Aloha councilmembers.
“I oppose Bill 1 (2019) Ko’olauloa Sustainable Communities Plan because in its amended version, it expands the community growth boundaries for housing into
Malaekahana. 1do not support an increase to the community growth boundary of La’ic
into Malaekahana. I do not support housing development in “North La’ie.” I do not Written support the transfer of valuable agricultural lands to an unsustainable housing Testimony development. I support Council Member Heidi Tsuneyoshi’s council communication
(CC) 183 relating to Bill 1 as it removes the approximately 50 acres in Malackahana from the community growth boundary. I also support CC 183’s language that adds 50 acres at Kawela Hay, and Kahuku point, into the city’s park inventory,
Bianca Isaki Testimony Attachment Accept Terms and Agreement
IP: 192.168.200.67
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Speaker Registration/Testimony
Name Alexander Orndahl Phone 4045505357 Email aorndahItgmail.com Meeting Date 10-29-2020 Council/PH Zoning Committee
Agenda Item Bill I Your position Oppose on the matter Representing Self Organization
I oppose Bill 1 (2019) Ko’olauloa Sustainable CommLtnitiesPlan because in its amended version. it expands the community growth boundaries for housing into Malackahana. I do not support an increase to the community growth boundary of Laic into
Malaekahana. I do not support housing development in I Written “North La’ie.” do not support the transfer of valuable agricultural lands unsustainable I Testimony to an housing development. support Council Member 1-leidiTsuneyoshi’s council communication (CC) 183 relating to Bill I as it removes the approximately 50 acres in Malaekahana from the community growth boundary. I also support CC 183’s language that adds 50 acres at Kawela Bay, and Kahuku point, into the city’s park inventory. Testimony Attachment Accept Terms and Agreement
IP: 192.168.200.67
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Speaker Registration/Testimony
Name Jeremiah Dennis Nolan Phone 8086388268 Email [email protected] Meeting Date 10-29-2020 Council/PH Council Committee Agenda Item Bill 1(2019) Your position Oppose on the matter Representing Self Organization I oppose this bill which would change the use of rare and valuable farinand to Written residential and would encroach on one of the last gems of the north shore, namely Testimony Malaekahana. The term North Laie is unwarranted. as it implies the existence of an entity that does not ifn fact exist so long as this had bill does not become enacted. Testimony Attachment Accept Terms and Agreement 1
IP: 192168200.67
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Speaker Registration/Testimony
Name Kevin Kelly Phone 8083834481 Email kevink59,gmai1.com Meeting Date 10-29-2020 Council/PH Zoning Committee Agenda Item Bull (2019) Your position Oppose on the matter Representing Self Organization
I oppose strongly Bill 1 (2019) . a now flawed Sustainable Communities Plan for the Koolauloa region. Expansion of the community growth boundaries into Malaekahana has been soundly rejected by every community except Laie and does not have the support of any of our city or state representative officials. I don’t understand how this departurc from the will of the people continues to be introduced into OUR Sustainable Communities Plan.
To be clear, I do not support an expansion of the community growth boundary of La’ie into Malaekahana. Written Any new housing development should remain within the existing community growth boundary of L&ie. I do not support the up-zonina of valuable Testimony . . - agricultural lands when viable alternatives for housing exist in the current the community growth boundary of La’ic.
Moreover. I support my Council Members (Heidi Tsune oshi) council communication (CC) 183 relating to Bill I as it removes the approximately 50 acres in Malaekahana
from the community growth boundary. 1also support CC 83’s language that adds 50 acrcs at Kawela Bay, and Kahuku point, into the city’s park inventory.
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From: CLK Council Info Sent: Tuesday, October 27, 2020 10:41 PM Subject: Zoning, Planning and Housing Speaker Registration/Testimony
Speaker Registration/Testimony
Name michael takahashi Phone 8085614906 Email [email protected] Meeting Date 10-29-2020 Council/PH Zoning Committee Agenda Item bill 1 Your position Oppose on the matter Representing Self Organization I oppose Bill 1 (2019) Ko'olauloa Sustainable Communities Plan because in its amended version, it expands the community growth boundaries for housing into Malaekahana. I do not support an increase to the community growth boundary of La'ie into Malaekahana. I do not support housing development in “North Lā'ie.” I do not support the transfer of valuable Written agricultural lands to an unsustainable housing development. I support Council Member Heidi Testimony Tsuneyoshi’s council communication (CC) 183 relating to Bill 1 as it removes the approximately 50 acres in Malaekahana from the community growth boundary. I also support CC 183’s language that adds 50 acres at Kawela Bay, and Kahuku point, into the city’s park inventory. Testimony Attachment Accept Terms 1 and Agreement
IP: 192.168.200.67
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Good Morning Committee Chair Menor and Committee Members,
Defend Oahu Coalition strongly opposes Bill 1, 2019, the Revised Koolaulauloa Sustainable Communities Plan. Bill 1, 2019 which disregards countless hours of planning by area residents in developing a document reflecting our unique rural nature by including the expansion of Community Growth Boundaries for 50 acres in Malaekahana.
Bill 1, 2019 plan of 50 acres for housing in Malaekahana further impacts our eroding roadways; over burdens Koolauloa ‘s traffic and lessens the advantage for food sources on agcriculture lands. Keeping agriculture land for growing food should be a priority in our Ko’olauloa Sustainable Communities Plan. Toward this effort we will support housing strictly within the already adopted Community Growth Boundaries.
Additionally we encourage the completion of the over thirty year old planned affordable housing project on City owned makai land in Kahuku, and infill development of homes on already residential zoned properties within Ko’olauloa.
Keeping in mind the collective effect of 100 housing units and a 625 room hotel with Turtle Bay’s expansion plans; 200 units on Brigham Young University Hawaii property; 200+ units on city land in Kahuku, approving Bill 1, 2019 is a road map for eliminating an important countryside where residents supplement their households at our ocean, recharge mind & soul with nature and visitors find respite. Your actions now can eliminate a countryside. mahalo nui, Margaret Primacio President, Defend Oahu Coalition P. O. Box 416, Kahuku, HI 96731 Murayama, Gail Y
From: CLK Council Info Sent: Wednesday, October 28, 2020 1:14 PM Subject: Zoning, Planning and Housing Speaker Registration/Testimony
Speaker Registration/Testimony
Name Roarke Clinton Phone 8082339325 Email [email protected] Meeting Date 10-29-2020 Council/PH Zoning Committee Agenda Item Bill 1 Your position on Oppose the matter Representing Self Organization I oppose Bill 1 (2019) Ko'olauloa Sustainable Communities Plan because, in its amended version, it expands the community growth boundaries for housing into Malaekahana. I oppose any increase to the community growth boundary of La'ie into Malaekahana. I oppose Written housing development in “North Lā'ie.” I oppose the transfer of valuable agricultural lands Testimony into an unsustainable housing development. I support Council Member Heidi Tsuneyoshi’s council communication (CC) 183 relating to Bill 1 as it removes the approximately 50 acres in Malaekahana from the community growth boundary. I also support CC 183’s language that adds 50 acres at Kawela Bay, and Kahuku point, into the city’s park inventory. Testimony Attachment Accept Terms 1 and Agreement
IP: 192.168.200.67
1 Murayama, Gail Y
From: CLK Council Info Sent: Wednesday, October 28, 2020 12:30 PM Subject: Zoning, Planning and Housing Speaker Registration/Testimony
Speaker Registration/Testimony
Name Gwen E Kim Phone (808) 358-5998 Email [email protected] Meeting Date 10-29-2020 Council/PH Zoning Committee Agenda Item Bill 1 (2019) Your position on Oppose the matter Representing Self Organization As a retired social work administrator and life long resident of the Windward side I am adamantly against the resurrection of this ZOMBIE BILL to develop a second city in Malaekahana. Written Testimony Every community with the exception of Laie has been adamantly opposed on several occasions. Deep six it already to Keep the Country Country. Testimony Attachment Accept Terms and 1 Agreement
IP: 192.168.200.67
1 Murayama, Gail Y
From: CLK Council Info Sent: Wednesday, October 28, 2020 11:53 AM Subject: Zoning, Planning and Housing Speaker Registration/Testimony
Speaker Registration/Testimony
Name Sunny Unga Phone 8082822340 Email [email protected] Meeting Date 10-29-2020 Council/PH Zoning Committee Agenda Item Bill 1 Your position on Oppose the matter Representing Self Organization I strongly oppose Bill 1 (2019) Ko'olauloa Sustainable Communities Plan because in its amended version, it expands the community growth boundaries for housing into Malaekahana. I do not support an increase to the community growth boundary of La'ie into Malaekahana. I do not support housing development in “North Lā'ie.” I do not support the transfer of valuable agricultural lands to an unsustainable housing development.
I do support Council Member Heidi Tsuneyoshi’s council communication (CC) 183 relating to Bill 1 as it removes the approximately 50 acres in Malaekahana from the community Written growth boundary. I also support CC 183’s language that adds 50 acres at Kawela Bay, and Testimony Kahuku point, into the city’s park inventory.
I have written my testimony in opposition numerous times against this proposal. When will you start to listen to the wishes of the overwhelming opposition that our community has against this development? I hope that you will listen to our community and stop bringing this up again. This pandemic has really awakened many of us of the greater need to save our agricultural lands to help secure a better future for our islands food security. Please stop appeasing to developers and more development while ignoring the voices and wishes of the community that will be impacted the most. Mahalo! Testimony Attachment Accept Terms 1 and Agreement
IP: 192.168.200.67
1 Murayama, Gail Y
From: CLK Council Info Sent: Wednesday, October 28, 2020 3:01 PM Subject: Zoning, Planning and Housing Speaker Registration/Testimony
Speaker Registration/Testimony
Name Merania C. Kekaula Phone (808)293-1133 Email [email protected] Meeting Date 10-29-2020 Council/PH Zoning Committee Agenda Item Bill 1 (2019) Your position on Oppose the matter Representing Self Organization Dear Sir/Madam, I oppose Bill 1 (2019); – a legislative attempt to overturn the formal community-driven process that created the Ko'olauloa Sustainable Communities Plan and cemented our efforts to preserve and protect Ko'olauloa region's country character and spectacular natural, scenic, and cultural qualities. The 50-acre area in question contains precious agricultural lands. Passage of this amended version would pave the way for the area, to be rezoned for urban development, which I again, Written adamantly oppose. This amended version is the exact opposite position of the majority of the Testimony candidates who ran for the Senate, House and City Council representing Ko'olauloa in 2018, who back then; did not want changes to the Community Growth Boundary established in the original version of the Ko'olauloa Sustainable Communities Plan (KSCP). These representatives did NOT want homes built in “North Lā‘ie." What has changed the minds of these politicians since then? Again, I oppose Bill 1, the amended form. Faithfully, Merania C. Kekaula Testimony Attachment Accept Terms 1 and Agreement
IP: 192.168.200.67
1
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on in TAB1 For the past several years, significant strides in terms of land conservation, public access and community outreach have been made by the owners of the Turtle Bay Resort (the “Resort”). These efforts were initiated by the Resort’s immediate prior owner, Turtle Bay Resort, LLC,and have been continued and enhanced by the resort’s current owner, BRETurtle Bay Resort LLC.
1. MAKAICONSERVATIONEASEMENT.
In October 2015, the Resort owner consummated a series of related real estate transactions with the State of Hawaii (the “State”), the City and County of Honolulu (the “City”), Trust for Public Land (“TPL”), and North Shore Community Land Trust (“NSCLT”).Generally speaking, there were three transactions:
a. The sale to the State of a conservation easement (the “Makai CE”)covering approximately 568 acres of the Turtle Bay Resort campus, restricting future development;
b. The sale to the State of the fee simple interest in approximately 53 acres of land at Kawela Bay, followed by a lease of such land back to the Resort owner for a period of 65-years; the lease allows the continued use of the land for passive recreation activities, while restricting future development; and
c. The sale to the City of the fee simple interest in approximately 7.6 acres of land at Kawela Bay, which land is adjacent to a 5-acre parcel that is to be dedicated to the City as a future public park.
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404672.1 These three transactions have had and continue to have a profound and long-term effect on the future of Turtle Bay Resort and the North Shore of Oahu, including a perpetual commitment by the Resort owner to:
i. Forego the opportunity to develop over 620 acres of land, preserving such land as open space in perpetuity;
ii. Establish public access trails throughout the resort campus, including approximately 5-miles of shoreline access (including Kawela Bay), and approximately 8-miles of trail systems for hiking;
iii. Establish meaningful public parking at all times;
iv. Establish golfing privileges for the Kahuku High School Golf Team at both the Turtle Bay Fazio and Palmer courses, during the OIAgolf season, at no charge; and
v. Maintain the ability to develop a limited portion of the resort campus, thereby preserving the potential to create construction related jobs; permanent jobs on the resort campus; and permanent jobs within the community related directly and indirectly to the development.
2. MAUKACONSERVATIONEASEMENT.
a. Agricultural and Scenic Preservation. In April 2016, the Resort owner’s affiliate consummated another real estate transaction, this time with TPL,the City and NSCLT.This transaction involved the sale of a conservation easement (the “Mauka CE”)covering over 468 acres of land on the mauka side of Kamehameha Highway across from Turtle Bay Resort, commonly referred to as the “Turtle Bay Mauka Lands”. The Mauka CEfocused on protecting the agricultural viability and the scenic rural viewshed of the Turtle Bay Mauka Lands from Kamehameha Highway. The Mauka CEestablished an impervious surface limitation of not more than 6% of the land area, prohibiting, among otherthings, (i) the subdivision of the Turtle Bay Mauka Lands for the purpose of conveying separate parcels, (ii) any structure or improvements above 50’ in height; (iH)mining; (iv) long-term waste disposal; and (v) zone changes.
404672. I 2 b. Laulima Gardens. In September 2019, in accordance with the terms of the Mauka CE, the owner of the Turtle Bay Mauka Lands established Laulima Gardens — a community garden whose purpose is to promote agriculture and provide community members with an opportunity to build relationships through gardening. The Laulima Gardens currently consists of fifteen garden plots of 500 square feet (10’xSO’)each. A lottery was held to select 10 North Shore and Ko’olauloa residents, and 10 Resort employees to become the caretakers of their own garden plots. If there is sufficient demand, an additional fifteen garden plots of 500 square feet will be added next year.
c. Pono Pacific land Management. In order to ensure appropriate oversight and management of the Turtle Bay Mauka Lands, the owner retained the services of Pono Pacific Land Management, LLC, a local company with expertise in providing cost-effective natural resource management services, Pono Pacific is responsible for, among other things, ensuring compliance with the terms and conditions of the Mauka CE; managing the Laulima Gardens; managing the existing farm operations on the Turtle Bay Mauka Lands; and producing a long-range master plan for this property.
404672.1 3 3. OTHER COMMUNITY OUTREACH,
In addition to the significant strides made in land conservation and public access, the Resort owner continues to engage in meaningful forms of community outreach.
a. Iwtk Bay Foundation. The Turtle Bay Foundation is a Hawaii nonprofit, tax-exempt corporation, established in 2012. Its mission is to enrich the communities of Oahu’s North Shore and Ko’olauloa region by providing education scholarships for deserving youth; job training opportunities for adults; and grants for environmental stewardship, historic and cultural preservation, healthy living through sports and recreation, and health care programs for aging residents, homeless, and substance abuse recovery. The Turtle Bay Foundation has given nearly $630,000 and countless service hours to support residents in need and to protect the wild lands and native species on the North Shore. Beneficiaries of the Foundation’s giving include but are not limited to NSCLT,Kupu, Friends of Kahuku Library, Waialua Robotics Program, Hale’iwa Main Street, Hawai’i Marine Mammal Alliance and Sustainable Coastlines, and over 50 of Oahu’s elementary, intermediate and high schools.
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Big Wave Invitational Surf Contest in Memo of tO WAVEIKVUAflONAL - it Eddie Aikau”. The Eddie is the premier event in the sport of surfing, and celebrates the legend of Eddie Aikau, a championship athlete, waterman, and the first lifeguard for the North Shore. The Resort’s sponsorship has included a generous cash donation
to support the event; hosting a welcoming ceremony WAIMIAAI. O1HUHAWAII and registration for the contestants; free sweatshirts, 000EMBEAISA.2010II09991191020 reusable water bottles and discounted room rates for all contestants; and overall promotion of this world renown surf contest.
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ecologically
use
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through parties
important
fauna,
of
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specific
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native
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in
The
practices.
to listed
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research,
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features,
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in
some
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along
and
knowledge
Baseline
important Easement
recognize
and the
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with
Documentation. facilitated
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documentation,
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Baseline
species focusing
Conservation
is
in
potential
Easement
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resort in
of
rights
Space. significant
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order
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values
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inventory
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Canard
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qualities
The
Documentation
terms
scenic
shoreline,
o4
development
State
from
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geological
base
habitat,
populations,
of
tha
and
educational
contribute
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on
Preservation
Documentation
congestion
and
unique
priority:
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Area,
arid
ecosystems
to
access
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of
preservation
and
the
perspectives,
controlled and
on
value
Values
Area
and
serve
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and
greenbelt
this
provides
of
coastal
open
Hawaiian
to
Easement
2 and
title
its
research
is
Easement.
relevant
features Conservation
the
to
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to
for
of
endangered
and
and as
maintained
values
ecosystem
on
resources
are
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the
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reports
space
of
Hawaii’s
availability
Conservation
an
means,
including,
local
and
a
existing
Educational
of
qualties
Inland consists
is
the
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Easement
ecosystems,
Easement
significant
objective
are
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interest
Area
essential
opportunities,
found
features
inland
roads
(collectively,
Easement
for
geologica!,
a
an
as
overall
by
in
habitat
Ecosystems.
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comprehensive
natural
plant
preserves
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of
important
of
of
of
order
Holder.
on
for
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and
informational
Area.
Area locations
the
Values.
not
to
public Values.
the
a
to
subject
geologic
called
protection
the
and
for
biodiversity,
of
Marsh
highways
the
the
descriptive
resources
EXECUTION
to
Area’s
Effective
limited
for
the
Koolaulos
archeological
including,
the
various
Owner
protect
Easement
public
overall
the
overall
benefit animal
these
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The
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and
The
parcels,
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wetland
“Conservation
features,
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and
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open
recreational,
through
baseline
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and
Date.
land
benefit
Easement
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plant
Easement
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values
health
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report
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and
species.
accurate
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region.
COPY
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space
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native
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maps,
types
other
area.
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and
and
and
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will
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368-unit
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improvements.
standing
currently
apf
constructed
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i5orfipitible
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is
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landscape
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use
Kahuku
located
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the
History
(2)
ovals
facility
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fed
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irrigation
which
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site
D.
Kuilima
across
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Documentation,
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following
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at
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stables,
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(1)
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its
Land
1972,
Bay
KTA
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several
for
of
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training
the
Estates,
historic Area
golf
than
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the
of
proximity
adjacent
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Resort.”
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is
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capability
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structures
Values
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and
street
recently
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stations,
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C’KTA”)
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art
to
projects
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Bay
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to
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the
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surface
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to
from
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courts,
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renovated
to
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and
and
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lands
necessary
the
Area
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train
at
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located
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expansion
the
serves
10-years.
100
drop
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Bay
one,
it
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parking
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this
improvements,
north
(7)
468 and
commonly is
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approximately
structures
acres.
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Area
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zone
Easement
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as
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3
pad
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in
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of
The
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an
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for
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the
privately
and
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of
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at
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important
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referred
training
a
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Easement
main and
area
accessory
are
Easement the
tactical
United
agricultural
larger
provides largest
transformation
mid-1980’s.
described
golf
Resort,
Team.
3,000
not
the Turtle SjpndinArpas
includes
hotel,
owned
courses,
Buffer.
is
located property
to
area
57-unit
vehicle
States
military
training
to
the
Protection
at
as the
Area:
Area.
Bay
received
42
on
resort 5,000
land.
structures
the in
condominium
has
Punaho’olapa
the
a
U.S.
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beach
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wash.
the
Ocean Army’s
Resort
within
greater
buffer.
EXECUTION
an
new
known
areas
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of
Fazio
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Also
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soldiers
Army
uses Turtle
equestrian
Easement
the
mauka
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of
Combined
cottages,
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the
Currently,
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located
on
was
at
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KIA
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detail
25th
in
with
flay
bathrooms,
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and
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O’ahu.
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projects.
originally
operated
is
side
and
state
Palmer
a
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COPY
Infantry
one
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Resort
center
in Army”)
ajoint—
within
a
minor
buffer
Arms
free
KTA
the
and
the The
of
full
a
of
is I
proceeds
purchase
Hawaii
V.
subject
also
are
General
Land
§
for
as “Kuilima”)
Effective agricultural
within
rural
Ko’olau visitors,
natural
protecting
the
within
Management
4.5.
permitted
uses quoted
Area
the
IV.
3.1.
Funding
a
Ko’olau
identified
Land
identifies City
Easement
character
Use
“Major
are
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within
E.
the
D.
C.
B.
to
A.
2015
the
Loa
monuments
terms
As
The
Preservation,
Date,
price
will
and
meeting
Use,
Ordinance located
as
uses
Ko’olau and
areas, of
Loa’s
Sources
Plan
Special
Resort
the
City
Ko’olau
Ko’olau
in
being
(“Act
be
General
Hawaii
Act,
the
Hawaii
other
County
are
for
for
the
of
Environmental
preserving
Area
the
within
used
provides
Urban
Zoning.
Effective
Ko’olsu
this
in
the
future.
specific
natural
ccdified
defined
City
121’).
Loa
located
Master
uses
the
Destination” and
(“LUO”).
Management
are
State
Coastal
for
Loa
purchase Loa
Easement,
the
Plan
of
by
“AG-2”
is
Sustainable
‘Urban’
I
C)
State
4’o.
currently
Purchase
located
scenic
that
Honolulu
areas,
Loa
Dpsr1meni
the
Agricultural
use
that
Long-term
The Plan the
as
Pursuant
by
Date,
Sustainable
Land
Use
for
within
HRS
Zone
Permitted
Hawaii
for
are
Depariment
development
natural
“[olpen
General
the
Land and
zoning
of
Table
identifies
and State
the
Use
views
both
in
planned
this
permitted
the
updating
of
Chapter
City
(the
Area,
Management Planning
of
the
City
Communities to
ihø
recreational
DistrieL
Use
Revised
protection
State
environment,
Easement
Rural
of
space
Land
residents
this
districts
Act
of
and
Communities
Agriculture,
‘Agricultural”
uses
“General
is
the
the
4
District
Oahu
for
of as
currently
Easement
205A.
the
121,
standards.
Laid
County Use
within
Community
LUO
preservation
within
Land
Approximately
Policies,
a
Statutes
Easement
defined
within
Ko’olau
and
and
total
reimbursable
District,
comes
for
areas
Act.
Use
(Table
are
Plan”)
Plan
the
and
of
the
and
updating
and
visitors.”
the
preservation
the
Plan.
State
of
District
Honolulu.
stated
P-2,
Loa
(“HRS”)
are
Laws
by The
(the
P-2,
from
Natural
Boundary
preseMng
4,000
and
benefit
“Resort”
establishes
21-3).
Easement
Area
is
important
AG-2,
Plan.
the
Land
a
496
Easement
AG-2,
“Ko’olau
Act
The
the approximately
and
are in
key
general See
visitor
(referred
Chapter
The
Resources
Hawaii
of
acres
HRS
General
121,
The
stated
Use
element
of
Dejmjon
and Easement
EXECUTION
tinder
and
and
Ko’olau
both
and
Area
Master
scenic
to
the
Loa
Session
General
units.
District,
§
obligation
Resort
of
Area
characterizes
maintaining
Resort
205.
enhancing
Coastal
in
residents
205-2(b),
to
the
the
Plan.
include
objectives
Plan”).
of
HRS
Loa
to
72
Use
therein
resources,
As
Esement
the
is
Area
PFmitted
Honolulu
districts,
pay
Laws
districts
Plan as
acres
Plan
located
CDPY
of
§
Table
vision
bond
“P-2”
Zone
such
205-
The
the and
and
lies
the
the
the
for
as
of
at
of
of it
grants,
Exhibit conditions
over,
pursuant and
receipt Area
however,
a
and
by
under
conservation
designed
quahfies
attached
Internal
generations
in Easement
Conservation
Area
Holder
preserved
Values
referenced
VI.
Use
right
perpetuity,
eminenl
!ntent
Owner
mutual
to
upon
Buffer
that
HRS
NOW,
F.
E.
D.
C.
and
A.
B.
bargains,
to
Funding
A.
of
preserve
desires
Revenue
to
for
hereto.
to
enforce
to
the
and
to
Area
do
and
and
desires
§
the
sufficiency
domain.”
the
above
ACUB”)
to
and
covenants, easements
In
198-3.
Protect
facilitate
THEREFORE,
HRS
Owner
The
Owner The
Values
Easement
free
not
come,
restrictions
across
terms
laws
maintained
consideration
to
for
to
and
sells,
holds
Code
Easement
in
land
significantly
this
and preserve
§
to
accept
the
of
Section
198-3
Holder
desires
of
funds.
Conservation
protect
intends
and
sell
the
of
the
the
Easement
use,
and
clear
the
an
Purchase
of Area.
I
by
which
terms, to
De,w*non1
conditions
Easement contained
ccFn4.
1954,
State
in
purposes
income
this
provides
Protected
purchase,
and
conveys
environmental
is
Holder,
for
Area
IV
of
Cojiservation
that
of
perpetuity
to
a
Impair
are
is
all
the
Easement
good protect
Anat.
public
of
as
conditions,
convey
of
acknowledged
possesses
the and
‘A
encumbrances
not
ax
Hawaii,
foregoing,
Values
an
amended,
herein.
this
that
Area
to in
ho
Property
of
or
agreement,
and
Conservation
the
sufficiently
body
easement
exemption
this
the
Holder
by
[HRS interfere
Easement
any
to
subject
5
Values and
valuable
covenants
permitting
to
including
Conservation
Easement
of
qualified
significant
and
Holder
“public
Holder
for preserve
Easement
and
planning
a
Chapter
by
conservation
over,
the
with
only
donation, restrictive
of
except
restrictions
under
whose
also
Owner,
consideration
Values
the
HRS
body
an
benefit
only
to
desires
and
to
and
the
upon
Conservation
polices,
hold
and
Easement
1981,
comes
Values
the section
easement
Area
those
Chapter
those
organizational
and
restrictions
Conservation
encumbrances
devise,
and
to
of
of
and
mutual
a
protect
to
protect
contained
easement
may
the
conservation this
any
purchase identified
from
the
uses laws
of
across
501(c)
EXECUTION
paid
198,
Area,
the
generation,
Easement
or
organization
foregoing
covenants,
acquire
inlerest
Values.
Army
in
the
and
of
bequest,
herein,
Easement
by
Owner
the perpetuity
of
the
Values.
purposes
together
in
Conservation
from
in
herein,
designations
identified
Holder,
the
Compatible
Easement
perpetuity
Exhibit
easement
Easement
and
over
Recitals
Area
subject,
and
Owner,
hereby
but
federal
COPY
terms,
which
Area
with
hold
and
And
the
are
not the
the
the
be
in A ‘4 Owner declares that the Easement Area shall be held, mortgaged, encumbered, transferred, sold, conveyed, used, and occupied subject to the covenants, conditions, restrictions, and easements set forth below, which covenants, conditions, restrictions, and easements shall be deemed to run with the land in perpetuity and to burden the Easement Area in perpetuity.
COVENANTSANDRESTRICTIONS
A. Purpose
The Puipose of this Easement is to preserve and maintain the Conservation Values, as set forth in Section ILC above, by preventing any use of the Easement Area that will significantly inipair or interfere with the Conservation Values (the “Purpose’). The Easement Area consistsoI three resource zones, each with specific restrictions or allowed uses that support the Conservation Vahies, which zones include the ‘Preservation Zone”, the “Recreation Zone”, and the “Open Space Zone’, all as identified and designated on the map attached hereto as Exhibit C hereto.
1. The Preservation Zone. The restrictions in the Preservation Zone of the Easement Area (as identifiedand designated on the map attached hereto as Exhibit C) are established to preserve and protect the relativelynatural habitat of the PreservaUon Zone, including any significant, native natural wildlife or plant resources and their associated habitat, as well as cultural, archeological or historicallysignificant features. The coastal and wetland habitat in the Preservation Zone is important for the protection of native birds, marine animals, near-shore and wetland-dependent vegetation, and other threatened, endangered, and at-risk species. Approximately 105.21 acres or 18.51% of the Easement Area is within the Preservation Zone.
2. The Recreation Zone. The restricflons in the Recreation Zone of the Easement Area (as identifiedand designated on the map attached hereto as Exhibit c) are established to provide substantial, but reasonably limited, recreational and educational access to the Recreation Zone for the general public while also providing for the protection of the relatively natural habitat and coastal and inland ecosystems. The coastal areas of the Recreation Zone are important in providing multi-use trails or walking, running, and biking,as well as parking and pedestrian access to the shoreline for coastal activities including, but not limited to, surfing, fishing, snorkeling, diving, paddling, swimming, wildlifewatching, beachcombing, and sunbathing. Approximately 1.5 acres or 0.26% ofthe Easement Area is withinthe Recreation Zone.
3. The Open Space Zone. The restrictions in the Open Space Zone of the Easement Area (as identifiedand designated on the map attached hereto as Exhibit C) are established to eliminate residential development, maintain the region’s rural character, provide passive drainage ways, offer view amenities for public rights-of-way, and continue commercial and non-commercial recreational and educational open-space opportunities for the Turtle Bay Resort while also providing for the protection of the relatively natural habitat and coastal and inland ecosystems and for providing
6 EXECUTIONCOPY
\flornw recreational and education access for the people of Hawaii. The commercial recreation, education and support lands in the Open Space Zone are important in maintaining the Koolauloa iegon’s rural and scenic character provided by the Easement Area. Approximately 461.707 acres or 81.23% of the Easement Area is within the Open Space Zone.
4. No activitywhich shall significantlyimpair or interfere with the Purpose of this Easement or the Conservation Values shall be permitted except for any Existing Uses (as such term is herein defined in Section BA), or as may be otherwise provided in this Easement.
- 5. Subject to the terms of this Easement, including confirming consistency with the Purpose and no diminishment of the Conservation Values, the Parties may modify the zone boundaries by mutual written agreement, as such modification may be necessary to protect or promote Conservation Values between the three resource zones. In such case, the modification shall be documented by Holder and revised map(s) or site plan(s) shall be maintained withthe Baseline Documentation.
B. ffls of Owner
Except as prohibited or restricted by the provisions in Sections C, D and E, Owner reserves all customary rights and privileges of ownership, so Longas they are not expressly prohibited by this Easement or inconsistent with the Purpose of this Easement. Owner expressly and specifically reserves the followingrights:
1. jtin Uses and Activities. The right to engage in any use or activity being conducted on the Easement Area as of the Effective Date or as documented in the Baseline Documentation (collectively, the °Existing Uses”) in substantially the same manner with substantially the same practices that are being employed as of the Effective Date, provided that the practice does not impair the Conservation Values. In addition to the existing uses documented in the baseline Documentation, the Existing Uses include the following:golf course and ielated activities; multi-use trails for walking, running, and biking; maintenance- of all trails and facilities in the Easement Area; weddings and other events; meeting receptions; camping in non-permanent structures with Owner’s permission only for special events; filming; guided and unguided tours; and access to shoreline for coastal activities to the extent permitted by Law, including, but not limited to, surfing, fishing, snorkeling, diving, stand-up paddle boarding, paddling, swimming, wildlife watching, beachcombing, cultural tours, exploring and sunbathing by the guests, vendors, residents and employees of the Turtle Bay Resort. Similar and related uses and activities to the Existing Uses shall also be permitted, provided that such uses and activities do not impair the Purpose of the Easement or The Conservation Values.
2. Entitlement Compliance. The right to make improvements and to enter into legal arrangements as necessary to comply with the terms of that certain Unilateral Agreement and Declaration for Conditional Zoning, dated September 23, 4968, and
7 EXECUTIONCOPY Opornient al h’ta Mtorncyonnd
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