COM 0964.003 2004-2006 - Laserfiche WebLink

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The 2005 legislature passed Act 183, the "Important Agricultural Lands Bill," which amended Hawaii Revised Statutes Section 205-G in delineating the `county process' to be followed in identifying important agricultural lands. HRS, Section 205-G: Identification of Important Agricultural Lands: County Process. (a) Each County shall identify and map potential important agricultural lands within its jurisdiction based on standards and criteria in section 205-D and the intent of this part, except lands that have been designated through the State Land Use, Zoning, or county planning process, for Urban use by the County or State. Therefore, any effort to continue listing these lands as Important Agricultural Lands in the GP would be contrary to the clear intention of the legislature, which specifically excepted land within the SLU "Urban" district from being designated as Important Agricultural Lands for State Purposes. We believe that the GP designation should be consistent with the SLU classification and with State law as specifically outlined in the amendment of Hawaii Revised Statutes 205-G by Act 183 as described above. The historical use of this property has been ranching for the past 150 years with portions still used for cattle pasture, and no successful intensive agricultural activities (such as coffee) has ever taken place on the property in this historic period. The Land Study Bureau Overall Master Productivity rating classifies the soil of this land a "D" or "Poorly Suited", and "E" or "Very Poorly Suited" to agricultural productivity. In spite of the long time use as pasture, property taxes have been paid on the basis of its SLU "Urban" designation rather than at agricultural rates. This has resulted in hundreds of thousands of dollars in extra tax revenue to the County over the years. For the County to now deny it a designation consistent with the basis on which taxes have been paid and upon which the owners' expectations have come to rely would seem inequitable. T.M.K. 8-2-2-2 is in the process of being subdivided into 33 two acre lots pursuant to its present Residential Agricultural 2 acre zoning. These two acre lots will allow ample space for future lot holders to engage in the kind of rural lifestyle contemplated by such zoning and further described in the text General Plan for this proposed "Rural" land use designation. This subdivision is undertaken only after the completion of the most exacting archeological work by the project's archaeological consultants, International Archaeological Research Institute, Inc. The scope of this work was voluntarily and substantially expanded far beyond that which was required. A total of $250,378 has been spent to complete this work to the full and final satisfaction of the State Historic Preservation Division, and was undertaken in good faith based on the County's assurances that all the entitlements needed for this development were current and that the owner was in full compliance with the conditions of approval. We attach the final letters from the State Historic Preservation Division accepting the data recovery plan for the project and the preservation plan for four (4) sites that will be preserved within designated easements of the area being subdivided. The Hawai'i Island Burial Council has also given final approval to the burial treatment plan for the preservation-in-place of a single burial on the property. We anticipate and accept a requirement from the State Department of Health (DOH) that individual septic tanks will be required on each of the proposed two acre lots. In the remote event that the DOH would not insist upon such requirement, we would require it by a deed covenant,