COM 0964.054 2004-2006 - Laserfiche WebLink

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park (which would have the effect of enhancing the value of her property). Ms. Kosada has also circulated a petition which sensationalizes and completely misrepresents the facts. The RA-2a zoning, which Captain Cook Ranch LLC has taken great effort to preserve, does not allow commercial activity and has a height limitation of thirty five feet. 5) Consistency, with State Land Use State Law County General Plan and County Zoning: a) Such Rural Designation is consistent with the State Land Use Urban District and the Residential-Agricultural two (2) acre zoning. b) The General Plan Text specifically encourages "Rural-style residential-agricultural developments......... in close proximity to centers of employment, shopping and other conveniences and have the basic improvements and amenities necessary for development." This is just such an area, as it is directly makai of Captain Cook. c) HRS, Section 205-G [states that] 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. 6) Reliance, Fairness and Vesting: a) The historical use of this property has been ranching for the past 150 years. Property taxes have been assessed and paid on the basis of its SLU "Urban" designation and zoning rather than at agricultural rates. This has resulted in hundreds of thousands of dollars in extra tax revenue to the County over the years. It would be unfair for the County to now deny a designation consistent with the basis on which taxes have been paid and upon which the owners have relied. b) We believe that our substantial expenditures, including contribution of $161,250 paid directly to the County of Hawaii for improvements to the intersection of Napo'opo'o Road and the Mamalahoa Highway [never completed], as well as 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. 7) Environmental Matters: a) We anticipate the imposition of the requirement by the State Department of Health (DOH) that individual septic tanks be required on each of the proposed two acre lots for the proposed 33 lot subdivision. In the future even better waste disposal technology may become available. b) Our project engineer Nancy Burns P.E. will design and oversee any improvements to fully comply with all Federal, State and County requirements. It should be clearly understood that there is no one living makai of this area, so there is no drainage impact on any person below.