Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> Council Testimony page I <br /> Submitted Sept. 5, 2006 <br /> <br /> Dore Dokos-Loewenthal <br /> P.O. Box 503, Captain Cook, Hi. 96704 <br /> <br /> <br /> PART ONE <br /> TIME URGENT! <br /> POTENTIAL LOOPHOLES IN RESTRICTIVE COVENANT <br /> <br /> FOR AMENDMENT F-2 <br /> <br /> PART TWO <br /> <br /> PRIOR KNOWLEDGE OF ENVIRONMENTAL <br /> CONCERNS, RISKS AND REGULATIONS <br /> <br /> <br /> PART THREE <br /> COUNTY LIABILITY FOR ENVIRONMENTAL DAMAGE <br /> <br /> <br /> PART FOUR <br /> PUBLIC PARTICIPATION <br /> <br /> <br /> PART FIVE <br /> HAWAII STATE PRECAUTIONARY PRINCIPLE POLICY <br /> <br /> TIME-URGENT <br /> F-2 LOOPHOLES TO AVOID- <br /> RESTRICTIVE COVENANT LANGUAGE <br /> Dear Mayor Kim, Members of the County Council and the Planning Director, <br /> <br /> We appreciate your ongoing efforts to make the F-2 amendment's restrictive clause <br /> language truly protective of the nearly 100 acres above Kealakekua Bay. There are <br /> several concerns to be dealt with in order to make this clause protective. The following <br /> observations are based on a draft of restrictive covenant by Captain Cook LLC that Ms. <br /> Isbell gave us to review. <br /> Loophole tied to change of LUPAG <br /> 1. According to County of Hawaii Planning Department Rules, Practice and <br /> Procedure, Rule 4. General Plan Amendments, an amendment to change the LUPAG <br /> Map Land Use Designation can be initiated by the landowner, through the Planning <br /> Commission, County Council, or by the Planning Director. The F-2 amendment was <br /> <br /> <br /> <br /> 1 <br />