COM 0964.003 2004-2006 - Laserfiche WebLink

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Our project engineer, Nancy Burns PE LLC, has carefully reviewed the drainage impacts of the proposed subdivision. The subdivision improvements will be designed to fully comply with all Federal, State and County requirements regarding drainage, as more specifically set forth in the conditions of variance recently issued by the County (VAR 06-022). We also note the entire property proposed for redesignation to "Rural" in the proposed interim amendment to the GP is separated from Kealakekua Bay by a conservation district parcel more than a thousand feet wide at its narrowest. We believe that our substantial expenditures including the contribution on $161,250 paid directly to the County of Hawaii for improvements to the intersection of Napo'opo'o Road and the Mamalahoa Hwy, coupled with our reliance on assurances by County officials, clearly and completely fulfill the Hawaii Supreme Court's criteria for the vesting of our entitlements, and that such vested rights are now constitutionally protected. As can be seen by viewing the two acre lots in the adjacent Ka'awaloa Orchards subdivision, we believe that the proposed two acre lots are an extremely low density and beneficial use for this SLU Urban designated parcel. We have continuously stated from the outset of this process that is not our intention to seek any further change in zoning for the property proposed to be designated as Rural beyond the existing RA-2ac. zoning. The Planning Director's proposed change F-2 to the LUPAG map comes to you with a negative recommendation from the Planning Commission. Our representatives attended every workshop and Commission hearing except the last on May 26th. We did not attend this meeting because we understood that public testimony was to be cut off as of May 1, 2006. Contrary to our expectations testimony was reopened on the My 26th hearing and certain somewhat sensationalized allegations were made. Because we were not in attendance, we were unable to contest these allegations. The transcript shows that if the Commission had been the deciding body, that they would have looked more thoroughly into the basis of such allegations including a site visit. We hope that the County Council will now give us a fair opportunity to set the record straight. Aside from the positive reasons as to why this LUPAG designation should be made consistent with State Land Use and County Zoning, there are two other issues of note: i) Drainage: We expect our engineer Nancy Bums to be in attendance at the Planning Committee meeting to more specifically address this issue. She assures us that this is just not a problem. Anyone who has visited the property can see that any recognizable drainage channel disappears in the very upper reaches of our property. This is confirmed by the topographic study. ii) Further Rezonine: Concern has been raised that this Rural Designation could be used as a basis for further rezoning. Although we have clearly stated that this is not our intention and the Planning Director has said that this would not necessarily be encouraged, we believe that this matter could be put to rest by the specific addition of a line of text to the General Plan document, specifically by adding a clause (e) to 14.6.5.7.2: "North and South Kona Courses of Action:" Proposed 14.6.5.7.2 (e): 'Encourage retention of the existing RA-2ac. zoning in the area situated makai of Napo'opo'o Road in Captain Cook which is designated Rural on the LUPAG Map.' 3