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Captain Cook Ranch LLC Michael W. Gibson, Manager 75-5722 Kuakini Hwy, Suite 208 Kailua-Kona, Hawaii 96740 r.-. (808) 539-0483 ~3 O~ t- ~ N April 19, 2004 ~ ca Planning Committee Chairperson Elarionoff, c~ Members of the Hawaii County Council 25 Aupuni St. Hilo, HI 96720 Re: Hawaii County General Plan; Comprehensive Review; Designation of T.M.K.s (3) 8-2-2-2, 55, 56 & 57 Dear Members of the County Council: I am the Manager of Captain Cook Ranch LLC, owner of the above captioned "Property." This Property is designated Urban by the State and zoned RA-2 acre by the County. Work prerequisite and necessary for the second phase of a subdivision to create lots 2 acres or latger in size is in progress'. Captain Cook's attorney, Tim Lui-Koran Esq. has been discussing the issue of appropriate and consistent General Plan designation for the Property with Planning Director, Christopher Yuen Esq. This discussion was prompted by the October 20, 2003 Hawaii Supreme Court ruling: Save Sunset Beach Coalition et al v. City & County of Honolulu et al. In the Save Sunset ruling the Court reaffirmed the "Consistency DoctrineZ" which states as a matter of law that any and all development must conform to the strictest of a) the State Land Use Designation, b) The County General Plan, and c) the County Zoning. The present General Plan designation is "Orchards" but the designation had been proposed to be changed to Intensive Agriculture [irregardless of the Propert~s long standing use as a ranch and the lack of necessary and practical water resources]. ~ The recently completed first phase subdivided out T.MK.S 8-2-2-55, 56 & 57, from a formerly larger 8-2-2-2; please note that these three new parcels may not yet appear on the Tax Maps. z See Memo on Consistency Doctrine, attached Comm. No.~~ Ref. To: ''P~G~• Ref. pate,,