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<br /> <br /> <br /> <br /> <br /> <br /> <br /> October 22, 2006 <br /> <br /> Dear County Council, <br /> BILL 309 F-2 Amendment endangers 2- acre zoning minimums for 100 acres above <br /> Kealakekua Bay. F-2 changes LUPAG Map designation to Rural, defined as "typical lot <br /> sizes of 2 acres to 9000 sq. ft." Rural designation allows applying for rezoning that <br /> permits lots much smaller than 2 acres. <br /> <br /> Ms. Isbell wanted a strong restrictive covenant to prevent such rezoning. The covenant <br /> submitted by the developer has significant loopholes that cancel the covenant when: <br /> (a) "The General Plan LUPAG designation for such relevant portion of the Property is <br /> amended from "Rural" to some other designation, or <br /> (b) The Hawai'i County Code is amended to delete "RA-2a" as a zoning classification or <br /> to substantially change the definition thereof. <br /> <br /> Amendments changing LUPAG designation can be initiated by landowner or Planning <br /> Director. It can take under a year to be granted. When granted, it terminates F-2's <br /> restrictive covenant under (a). <br /> <br /> KCDP and the State Office of Planning are revising Rural definitions. This could <br /> necessitate County Code amendments. If Residential Agricultural zoning is renamed or <br /> redefined, that could terminate the covenant under (b). <br /> Weakened by loopholes, this is NOT the strong covenant Ms. Isbell proposed to prevent <br /> higher density development. <br /> <br /> .Higher density development can pollute coral reef ecosystems. The County Council <br /> ignored testimony about Submarine Groundwater Discharge. Rainfall carries pollutants <br /> from development down to sea level inside the land mass. This water travels through <br /> fractures, underwater conduits, and permeable lava. Over time, it seeps into the Bay. <br /> Submarine Groundwater Discharge is a recognized factor in adverse impact to coastal <br /> ecosystems. It was not well-recognized when Special Management Area Use Permit 4269 <br /> was granted to F-2 lands in 1988. Conservation buffers of 1000' reduce pollution from <br /> run-off. They do not protect Kealakekua Bay from polluted Submarine Groundwater <br /> Discharge. Individual property rights do not include killing our coral reefs. <br /> Dore Dokos-Loewenthal <br /> Captain Cook, Hi. <br />