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HomeMy WebLinkAboutCOM 0045.028 2002-2004 Captain Cook Ranch LLC Michael W. Gibson, Manager 75-5722 Kuakini Hwy, Suite 208 Kailua-Kona, Hawaii 96740 r.-. (808) 539-0483 ~3 O~ t- ~ N April 19, 2004 ~ ca Planning Committee Chairperson Elarionoff, c~ Members of the Hawaii County Council 25 Aupuni St. Hilo, HI 96720 Re: Hawaii County General Plan; Comprehensive Review; Designation of T.M.K.s (3) 8-2-2-2, 55, 56 & 57 Dear Members of the County Council: I am the Manager of Captain Cook Ranch LLC, owner of the above captioned "Property." This Property is designated Urban by the State and zoned RA-2 acre by the County. Work prerequisite and necessary for the second phase of a subdivision to create lots 2 acres or latger in size is in progress'. Captain Cook's attorney, Tim Lui-Koran Esq. has been discussing the issue of appropriate and consistent General Plan designation for the Property with Planning Director, Christopher Yuen Esq. This discussion was prompted by the October 20, 2003 Hawaii Supreme Court ruling: Save Sunset Beach Coalition et al v. City & County of Honolulu et al. In the Save Sunset ruling the Court reaffirmed the "Consistency DoctrineZ" which states as a matter of law that any and all development must conform to the strictest of a) the State Land Use Designation, b) The County General Plan, and c) the County Zoning. The present General Plan designation is "Orchards" but the designation had been proposed to be changed to Intensive Agriculture [irregardless of the Propert~s long standing use as a ranch and the lack of necessary and practical water resources]. ~ The recently completed first phase subdivided out T.MK.S 8-2-2-55, 56 & 57, from a formerly larger 8-2-2-2; please note that these three new parcels may not yet appear on the Tax Maps. z See Memo on Consistency Doctrine, attached Comm. No.~~ Ref. To: ''P~G~• Ref. pate,, Planning Committee Chairperson Elarionoff, Members of the Hawaii County Council April 19, 2004 Page 2 of 2 Such redesignation, given the pending Important Agricultural Lands Bill in the legislature could become problematic. The present Orchards designation is vague but could also be found inconsistent. In any event, Rural is clearly the most appropriate and consistent General Plan designation as further set out in the attached letter. Captain Cook Ranch has no intention of seeking any further re-zoning of the Property, but is concerned with safeguarding its existing entitlements under the RA-2 zoning from unfavorable judicial review. We therefore request that the Property be classified as Rural during the present Comprehensive Review of the General Plan so as to remain consistent with both the existing State Land Use Designation and existing Residential Agricultural, Two Acre zoning. Please do not hesitate to contact me if I can be of any further assistance. Very Truly Yours, ~tEr~~ ~'1°' 1-~~-- CAPTAINCOOK RANCH, LLC enclosures cc: Christopher Yuen Esq., Planning Director The Consistency Doctrine There is a comprehensive legal concern regarding the General flan which potentially affects many properties. The GP needs to take into account the "consistency doctrine" enunciated by the Hawaii Supreme Court. If any GP designation is more restrictive than the zoning for such property, then the property has been effectively downzoned. In Gatri v. Blane 9G2 P 2d., the court held: ....[any] proposed development must be consistent with both the general plan and zoning. Consistency with the zoning is insufficient." On October 20, 2003, in Save Sunset Beach Coalition et al v. City & County of Honolulu et al. (case # 21332) the Supreme Court extended the "consistency doctrine" to three applicable criteria: i) State Land Use Designation, ii) County General Plan, & iii) Zoning Ordinance: "Because GATRI was subject to both the development [General] Plan as well as the zoning ordinance, GATRI was entitled only to the more restricted uses allowed by the development [Generals Plan." "We believe that the "consistency doctrine" enunciated in GATRI is somewhat instructive in the instant case. Because the uses allowed in country zoning, axe prohibited from conflicting with the uses allowed in a State agriculture district, only the more restricted as between the two is authorized. We believe that any comprehensive review of the County General Plan should not make designations which are inconsistent to present County zoning. To do otherwise would effectively downzone the property under Hawaii black letter law.