COM 1090.012 2004-2006 - Laserfiche WebLink

Home

Development Rights under the Existing Zoning Have Not Become Vested The State has not made substantial investments in good faith reliance on being able to obtain a final discretionary permit to develop the parcel. Moreover, only a portion of the parcel is currently zoned A-I a. The existing grazing lease to Parker Ranch mandates investments in fencing and development of a livestock water supply. These investments are consistent with down-zoning. Down-Zoning Does Not Deny the State "All Economically Viable Use" of the Parcel An Agricultural (A-500a) zoning classification allows the State to use the parcel as it has been used for over 30 years, for grazing. It will also allow use of some or all of the parcel as a park and for historic preservation of the Hoku'ula Battleground, but only if these uses are determined to be appropriate by the property owner, the State. Down-Zoning Advances Legitimate Government Interests The parcel is the site of a decisive battle (circa 1650 A.D.) in the first major war between the Kingdom of Maui and the Kingdom of Hawaii. The Hoku`ula Battleground was listed on the Public Access, Open Space, and Natural Resources Preservation Commission's 2006 Properties and/or Entitlements for Partnership List for "preservation for recreational purposes," with the recommendation that this "important historical site should be on the State and National Registers for Historic Sites." Volunteers have begun work on preparing an application for listing the site on the State and National registers with the encouragement of the State Historic Preservation Office. Subdivision of the parcel into $500,000 lots would not advance a legitimate government interest. Runoff from the parcel alone currently causes significant flooding to residential properties along Hoku`ula Rd., Lindsey Rd. and Opelo Rd. Development would increase runoff rates and volumes. Moreover, much of the parcel is too steep to develop safely. 2