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HomeMy WebLinkAboutCOM 0493.126 2000-2002 JNS Y'oF ~'a`L 4~'' _ 'i Harry Kim ^ / ~ ~ Christopher 7. Yue~t Mayor ' ~%•:~,.,-m= ~ Director .o.. _ _.~ti~o f a?~TE'os'H?'~* ROy R. TakemOtO _ L ~ ~ ' ~ Deputy Director C~~~xxt~~r .~~~z~_. PLANNING DEPAR'TMEN'T 25 Aupuni Street, RooYn 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Faz (808) 961-8742 August 21, 2002 Honorable Bobby Jean Leithead-Todd, Chair COMMITTEE ON PLANNING County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Leithead-Todd: SUBJECT: GENERAL PLAN During the General Plan revision program, many individuals wrote and testified in favor of designating areas near and north of Kealakekua Bay into Conservation in the Land Use Pattern Allocation Guide (LUPAG) maps. Most of the letters and public testimony stressed the importance of the marine resources of Kealakekua Bay, and the open scenic shoreline around the bay and to the north. To some extent, these sentiments were in response to plans for a proposed development at Keopuka, a 660-acre parcel to the north of Kealakekua Bay. In 2000, the landowner had announced plans to request land use approvals fora 124 unit residentiaUagricultural subdivision, with many one-acre Lots proposed 300' from the shoreline, a golf course, members' clubhouse, and lodge (the lodge was later withdrawn.) Last year, the Planning Director proposed a LUPAG map amendment that would designate a large area around Kealakekua Bay as Conservation, including much of the makai portion of the Keopuka property. A map showing the proposed General Plan map amendment (H-1) is attached to this letter as Map 1. It shows a proposed band of Conservation extending 2400'-2800' into the Keopuka parcel. The objectives of the proposed LUPAG amendment were: --to protect the quality of the nearby ocean waters and Kealakekua Bay from potential effects of run-off that might result from construction activities or~h~e~9 No• ~,fl, I PiX~ N®.. Fef. To: Ref. I'3a,~ Honorable Bobby Jean Leithead-Todd, Chair COMMITTEE ON PLANNING County of Hawaii Page 2 August 21, 2002 importation of soil for landscaping or golf courses, or from possible leaching of nutrients from golf courses, agriculture, landscaping, or domestic waste systems; --to retain the present open space along the coastline; --to protect cultural and archaeological sites, burials, and important natural features such as lava tubes. In June, 2002, Lyle Anderson, the owner of the Keopuka property, announced that to protect a valuable resource for the community, he was unconditionally committed, independently from any land use applications for the Keopuka property, to place the entire shoreline area of Keopuka in a Conservation Easement, protecting the area from development, and is in the process of completing such transfer. The Conservation Easement area includes all the land below the Old Cart Road as well as a portion of the pali mauka of the Old Cart Road, a total of approximately 175 acres. This will preserve coastal open space that varies in width from a minimum of about 1300' to a maximum of 2100'. Except for the minimal recreational development described below, the area will remain undeveloped and in its natural state. The Planning Director now believes that the objectives of the proposed LUPAG map amendment can be achieved with a modified conservation designation, along with sensitive controls over the remainder of the Keopuka property. The suggested modified Conservation designation is shown on Map 2. This includes the entire area below the Old Cart Road as well as a portion of the Pali mauka of the Old Cart Road. The present "Open" LUPAG designation along the coast, plus this proposed "Conservation" designation, would cover about 175 acres and create an open space belt 1300' to 2100' wide. The County envisions the following general principles with respect to any development of the Keopuka property: 1. Within the area to be designated "Conservation" in the General Plan, the existing "Open" designated area, and the "Conservation Easement area", which together contain about 175 acres, the landowner would dedicate an area of about 20 acres for long- term public park use. In the park area the only improvements would be for park use, including public trails. In the remainder of the "Conservation", "Open", and "Conservation Easement" areas, the only private development would consist of a handful Honorable Bobby Jean Leithead-Todd, Chair COMMITTEE ON PLANNING County of Hawaii Page 3 August 21, 2002 of simple picnic pavilions for the use of owners of some of the private lots. These would all be located at least 300' from the shoreline, north of Keawekaheka Pt. The remainder of this 175-acre area would remain entirely natural and undeveloped except for access easements and public trails. There would be a public shoreline trail running the entire length of the Keopuka property, with amauka-makki connection to the Old Cart Road. 2. In the area between the "Old Government Road", which runs parallel to the Old Cart Road, but about 1600' further inland, and the "Conservation" area, consisting of about 110 acres, development would be limited to about 16 subdivided lots. One farm dwelling could be built on each lot. The areas that could be grubbed, graded, or covered with imported soil would be strictly limited to about 10% of each lot area, exclusive of roads and driveways. The homes would be required to use enhanced septic systems for domestic waste disposal that would greatly reduce the nutrients that could percolate into the ground. Because of the size of the "Conservation" and "Conservation Easement" areas no home would be constructed closer than about aquarter-mile from the shoreline. Except for access and utility crossing as necessary, all significant historic sites would be preserved, along with significant natural features such as lava tubes and lava feeding channels. 3. In the remainder of the property, mauka of the Old Government Road, consisting of about 350 acres, the landowner could subdivide about 110 individual lots. Except for necessary access and utility crossings, significant historical sites would be preserved, along with significant natural features such as lava feeding channels and stands of native trees. There would be no golf course development. There might be a recreational facility for lot owners. There would be an agricultural program and best management practices to control against the potential pollution of ground water by over- fertilization or other agricultural or landscaping practices, and any farm dwellings would use enhanced septic systems. On the entire property, preservation of burials would be handled under the rules of the Burial Council, but the landowner would agree that burials should be preserved in place with appropriate buffers. The public would have ungated vehicular access along the main project roadway through the subdivision to get to the public park area. Honorable Bobby Jean Leithead-Todd, Chair COMMITTEE ON PLANNING County of Hawaii Page August 21, 2002 The development as described herein would need an Environmental Impact Statement, an SMA major permit, a special permit for any enclosed recreational facilities, a Planned Unit Development Permit, and a Conservation District Use Permit, as well as possibly a Shoreline Setback Variance, for a shoreline trail and park facilities. During the course of these applications the public will be able to comment on aspects of the project, and further planning will be done to identify burials, historical and cultural sites, and important natural features, and determine the best way to preserve them, and the best way to handle public access and public recreational use of the area. At present, the entire area, except for 40 acres along the coast that is in the State Land Use Conservation District, a band about 300' deep, is in the County's Agricultural-5 acre zone. This means that the Keopuka parcel of 620 acres could potentially be subdivided to about 124 five-acre lots. In the area mauka of the Old Government Road, the five-acre lots would only need a subdivision approval. The landowner would be entitled to subdivision approval by building the roads, water, and other infrastructure to county standards. Public access and protection of historic sites would also be conditions of subdivision approval, but otherwise, under present law, the landowner would have the right to subdivide this mauka area to about 69 lots. Between the Old Government Road and the area currently in the State Land Use Conservation District, any development, such as subdivision, would require an SMA permit. The owner could, with an SMA permit, potentially create up to 55 more lots (in addition to the 69 mauka lots) as close as 300' from the shoreline. The scenario set forth above has the effect of moving almost all the development away from the sensitive shoreline area, which also contains most of the recognized historic sites. The present General Plan maps have an "Open" designation along the shoreline, but the rest of the parcel is designated "Orchards" or "Extensive Agricultural". Neither designation offers any long-term protection or guidance for land-use decision-making. Honorable Bobby Jean Leithead-Todd, Chair COMMITTEE ON PLANNING County of Hawaii Page 5 August 21, 2002 The Planning Director therefore requests that the Council modify proposed LUPAG amendment H-1 to follow Map 2. At this point, procedurally, it would be up to the Council to initiate this modification of the amendment. Sincerely CHRISTOPHER J. 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