COM 0045.029 2002-2004 - Laserfiche WebLink

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Hawaii County Council, Planning Committee re Proposed LUPAG designation change: H-1, May 13, 2004 2 H.R.S. 183-C makes specific provision for and the DLNR actively recognizes the long standing ranching use of the above referenced properties, by the Greenwell and Paris families prior to my tenure, asnon-conforming but permitted ("grandfathered") use because such ranching predates the statutes establishing the Conservation District (by a hundred years). Good stewazdship of this land demands the continuing cazeful management of the existing grazing practices. If the existing grazing operation was discontinued it could have an extremely negative impacts on the ecology of the land and Kealakekua Bay. The rainfall in these lands is seasonal with the majority of the precipitation in the wet stunmer season. The dominant vegetation was introduced in post contact times from Guinea in Africa. The scientific name for this "Guinea Grass" is (Panicum Maximum) which gets its name from the "maximum panic" with which this exotic fauna can grow. During the rainy season, it rapidly grows to a height of over fifteen feet and renders the land absolutely impenetrable and impassable on foot or horseback. When the seasonal rains stop, the Guinea grass dries, mats and becomes a substantial fire hazazd. Were the grass cover to burn off in the dry season (which has happened in the past), a winter storm could erode soil into the class AA waters of Kealakekua Bay. The DLNR has promulgated effective regulations (HAR §13-5) for the Conservation District, including the identification of sub-zones and the enumeration of permitted uses therein. These regulations specifically allow the construction of a single family residence ("SFR") in the General Subzone but only one such SFR is permitted in each such existing pazcel in the Conservation District. The recent case of Kellv, et al. v. Oceanside 1250, et al. (the Hokuli'a litigation which overturned Ordinance 97-34), clearly demonstrates that a trial court can invalidate the County Council 's acts if such legislation is not absolutely cleaz. I have already had to defend against a legal challenge from similaz plaintiffs here in South Kona. While my rights were vindicated, this was a waste of resources, in terms of time, money and energy. A Petition for Declazatory Judgment was brought challenging the Land Boazd's issuance of CDUP HA-2968 to Pali-K Ranch for the construction of a single family residence at Ka'awaloa. This Petition was dismissed by the BLNR citing the Hawaii Supreme Coturt case of McGlone v. Inaba 64 H. 27, 636 P2d. 158 (1981), which upheld the Boazd's right to approve a CDUP for accessory uses (of an adjoining SFR) in a the Paiko Lagoon Wildlife Refuge, which was located in an extremely sensitive portion of the Conservation District in West Oahu. I respectfully ask that the County Council to carefully assess the substantial increase of litigation impacts that proposed LUPAG Designation H-1 could have on my property. The Planning Commission held extensive hearings on the General Plan in 2000 and 2001 and made recommendations which aze different from what was and is now proposed by the Administration. Please note that the Planning Commission in its letter to the Planning Director dated October 19, 2001, the Plannine Commission recommended the deletion of proposed LUPAG moo desi¢nation H-I. I believe that the Council should give substantial weight to the recommendation of nine commissioners who sat through and heazd extensive and exhaustive testimony from the people of Hawaii County over a two yeaz period.