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Home My WebLink AboutCOM 0964.003 2004-2006 Captain Cook Ranch LLC Michael W. Gibson, Manager t~CS JUL 2? VT 3 2 75-5722 Kuakini Hwy., Suite 208 Kailua-Kona, Hawaii 96740 f y (808) 539-0483 Vic, July 25, 2006 For consideration by Planning Committee Mr. Stacy Higa July 31, 2006 Chairman, Hawaii County Council p ^ G tr s 25 Aupuni St. Hilo, HI 96720 In Sunoort of Proposed Amendment to the General Plan LUPAG Map "F-2" Dear Mr. Chairman and Members of the Hawaii County Council: This testimony is submitted in support of the Planning Director's Interim Amendments for change F-2 to the LUPAG Map of the Hawaii County General Plan (the "GP"). This change affects the makai portions of two parcels that we own along Napo'opo'o road at Kealakekua which are further designated as T.M.K. Nos. 8-2-2 parcels 2 and 55. The proposed General Plan designation of "Rural" is consistent with the parcels' existing State Land Use (SLU) "Urban" classification and its current county zoning for Residential Agricultural 2 acre ("RA-2a"). The logic for a GP designation that is consistent with the land use classification and character of the property is further described by the text of the General Plan which states in pertinent part: Section 14.6.1: "As part of the overall landuse structure of the County, the single-family residential district provides areas for low density residential uses. The location of single family residential lands is important in that they should be in close proximity to centers of employment, shopping and other conveniences and have the basic improvements and amenities necessary for development " Section 14.6.3 (g): "Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations." This area is consistent with such criteria as it is in immediate proximity to police and fire services in Captain Cook and banks, schools and shopping in the village of Kealakekua. Upon the eventual completion of the Mamalahoa Highway Bypass road, this area will be minutes away from the Keauhou resort area, a "center of employment, shopping and other conveniences." It is precisely this proximity directly makai of Captain Cook which caused the area to be designated SLU Urban as shown on the attached State Land Use map of the area. Comm. No. 9(04.5 Ref. To: eesewe# Ref. Date OUL 3 2006 The 2005 legislature passed Act 183, the "Important Agricultural Lands Bill," which amended Hawaii Revised Statutes Section 205-G in delineating the `county process' to be followed in identifying important agricultural lands. HRS, Section 205-G: Identification of Important Agricultural Lands: County Process. (a) 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. Therefore, any effort to continue listing these lands as Important Agricultural Lands in the GP would be contrary to the clear intention of the legislature, which specifically excepted land within the SLU "Urban" district from being designated as Important Agricultural Lands for State Purposes. We believe that the GP designation should be consistent with the SLU classification and with State law as specifically outlined in the amendment of Hawaii Revised Statutes 205-G by Act 183 as described above. The historical use of this property has been ranching for the past 150 years with portions still used for cattle pasture, and no successful intensive agricultural activities (such as coffee) has ever taken place on the property in this historic period. The Land Study Bureau Overall Master Productivity rating classifies the soil of this land a "D" or "Poorly Suited", and "E" or "Very Poorly Suited" to agricultural productivity. In spite of the long time use as pasture, property taxes have been paid on the basis of its SLU "Urban" designation rather than at agricultural rates. This has resulted in hundreds of thousands of dollars in extra tax revenue to the County over the years. For the County to now deny it a designation consistent with the basis on which taxes have been paid and upon which the owners' expectations have come to rely would seem inequitable. T.M.K. 8-2-2-2 is in the process of being subdivided into 33 two acre lots pursuant to its present Residential Agricultural 2 acre zoning. These two acre lots will allow ample space for future lot holders to engage in the kind of rural lifestyle contemplated by such zoning and further described in the text General Plan for this proposed "Rural" land use designation. This subdivision is undertaken only after the completion of the most exacting archeological work by the project's archaeological consultants, International Archaeological Research Institute, Inc. The scope of this work was voluntarily and substantially expanded far beyond that which was required. A total of $250,378 has been spent to complete this work to the full and final satisfaction of the State Historic Preservation Division, and was undertaken in good faith based on the County's assurances that all the entitlements needed for this development were current and that the owner was in full compliance with the conditions of approval. We attach the final letters from the State Historic Preservation Division accepting the data recovery plan for the project and the preservation plan for four (4) sites that will be preserved within designated easements of the area being subdivided. The Hawai'i Island Burial Council has also given final approval to the burial treatment plan for the preservation-in-place of a single burial on the property. We anticipate and accept a requirement from the State Department of Health (DOH) that individual septic tanks will be required on each of the proposed two acre lots. In the remote event that the DOH would not insist upon such requirement, we would require it by a deed covenant, Our project engineer, Nancy Burns PE LLC, has carefully reviewed the drainage impacts of the proposed subdivision. The subdivision improvements will be designed to fully comply with all Federal, State and County requirements regarding drainage, as more specifically set forth in the conditions of variance recently issued by the County (VAR 06-022). We also note the entire property proposed for redesignation to "Rural" in the proposed interim amendment to the GP is separated from Kealakekua Bay by a conservation district parcel more than a thousand feet wide at its narrowest. We believe that our substantial expenditures including the contribution on $161,250 paid directly to the County of Hawaii for improvements to the intersection of Napo'opo'o Road and the Mamalahoa Hwy, coupled with 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. As can be seen by viewing the two acre lots in the adjacent Ka'awaloa Orchards subdivision, we believe that the proposed two acre lots are an extremely low density and beneficial use for this SLU Urban designated parcel. We have continuously stated from the outset of this process that is not our intention to seek any further change in zoning for the property proposed to be designated as Rural beyond the existing RA-2ac. zoning. The Planning Director's proposed change F-2 to the LUPAG map comes to you with a negative recommendation from the Planning Commission. Our representatives attended every workshop and Commission hearing except the last on May 26th. We did not attend this meeting because we understood that public testimony was to be cut off as of May 1, 2006. Contrary to our expectations testimony was reopened on the My 26th hearing and certain somewhat sensationalized allegations were made. Because we were not in attendance, we were unable to contest these allegations. The transcript shows that if the Commission had been the deciding body, that they would have looked more thoroughly into the basis of such allegations including a site visit. We hope that the County Council will now give us a fair opportunity to set the record straight. Aside from the positive reasons as to why this LUPAG designation should be made consistent with State Land Use and County Zoning, there are two other issues of note: i) Drainage: We expect our engineer Nancy Bums to be in attendance at the Planning Committee meeting to more specifically address this issue. She assures us that this is just not a problem. Anyone who has visited the property can see that any recognizable drainage channel disappears in the very upper reaches of our property. This is confirmed by the topographic study. ii) Further Rezonine: Concern has been raised that this Rural Designation could be used as a basis for further rezoning. Although we have clearly stated that this is not our intention and the Planning Director has said that this would not necessarily be encouraged, we believe that this matter could be put to rest by the specific addition of a line of text to the General Plan document, specifically by adding a clause (e) to 14.6.5.7.2: "North and South Kona Courses of Action:" Proposed 14.6.5.7.2 (e): 'Encourage retention of the existing RA-2ac. zoning in the area situated makai of Napo'opo'o Road in Captain Cook which is designated Rural on the LUPAG Map.' 3 We appreciate the County Council's positive consideration of the Planning Director's recommended change to the LUPAG Map designation "F-2" to Rural, which designation is consistent with the properties' current SLU district classification and County zoning as well as with the requirements of State law. Thank you for the opportunity to provide our comments on this important matter. Although I am not able to attend this meeting today on the subject amendment, Rick Vidgen, the Project Manager will attend the Planning Committee meeting on behalf of Captain Cook Ranch. Also attending with him to assist with any question you may have will be our project engineer, Nancy Bums, P.E. and our legal counsel, Tim Lui-Kwan Esq. Very Truly Yours CAPTAIN COOK RANCH, LLC Michael W. Gibson, Its Manager v a s a Y V H bq Q II N e+ L I a it ' fY, 4 N ~ .F.-.w,.. O t U II ~ ~ m. _ ~ ~U ~ , q: M C~, i cC ~ ~i~.` V y I YF Y ~ S a .nutraonc AOb- ~ ~ wrwr,va,a®ew r .r..... d 01 vsrssmws wrvovwovvws,wmvn STATE OF HAWAII ~wevv°" DBPARTIOWNT OF LAND AND NATURALRFSOURCFS ~ •uw~wwrmwvweeui STATE MXFMC PRESERVATION DIVISION 601 KAMOKn.ABOUIEVARD, ROOM 555 KAPOM HAWAn 96707 February 22, 2006 Dr. I. Stephen Athens LOG NO: 2006.0334 IARII, Inc. DOC NO: 0602CM37 2081 Young Street Archaeology Honolulu, Hawaii %826 Dear Dr. Athens: SUBJECT: Chapter 6E-8 Historic Preservation Review - Revised Preservation Plan for the Northern Portion of Captain Cook Ranch, LLC Kealskekua Ahmpua`a, Kona District, Island of Hawaii TMK I3) g•2-002.002 f Thank you for the opportunity to review the aforementioned report (Ibmomari Tuggle 2005), which was received on December 19, 2005. This preservation plan (PP) is a revision of the preservation section of the mitigation plan (fomonari-Tuggle and Allen 2004). Revisions were necemimed by SHPD comments in a letter dated February 4, 2005. The revisions address two main issues: (1) that preservation buffers be specifically delineated, and (2) that the monitoring section appear under its owning heading. These revisions have been made to our satisfaction. This report is accepted, in accordance with HAR Chapter 277. Thank you again for your contribution to our understanding of the culturo-history of the Kona District. Kyou have any question, please call the SHPD at 808 92-8015. Aloha4ffiLtmic ustrator servation Division CM:dlb AA'k 6 t~ o60 aWUmw Levaw r.a+c{.e 4• ,.aaa, cv~o+rwm~e . po"mpot «INwAO ~ ROBp1i C AIYVDA YV"1"OtlC10A-LAO yad ~4 g +Q~ ,.cream eiu oR-vwm. E i~~taA W wann.woaw"~iwwnw ~WAO«mMV[TAII® mm.w ax.wm Amnia rwn«~on STATE OF HAWAII NMIDP'A1p149 wmuAm O V 4~COp1~ ~q DEPARTMENT OF LAND AND NATURAL RESOURCES w.p. QMCI~Ypvwlp~ A~lGMAK W Ip ~IppN Ltlypp,p,~ STATE HISTORIC PRESERVATION DIVISION wo 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEL, HAWAII 96707 March 31, 2006 Dr. J. Stephen Athens LOG NO: 2006.0868 IARII, Inc. DOC NO: 0603CM95 2081 Young Street Archaeology Honolulu, Hawaii 96826 Dear Dr. Athens: SUBJECT: Chapter 6E-42 Historic Preservation Review - Revised Archaeological Data Recovery Investigations for the Northern Portion of Captain Cook Ranch LLC Kealakekua Ahupua`a, Kona District, Island of Hawaii TMK (318-2-2:002 Thank you for the revised report by Tomonari-Tuggle (2005), which was received on March 28, 2006. In a letter (LOG NO: 2006.0294, DOC NO: 0602CM36) dated February 22, 2006, we requested a few minor revisions, which you have made to our satisfaction. The report is accepted in accordance with Hawaii Administrative Rules (HAR) Chapter 13-278. Thank you again for your important contribution to our understanding of the culture-history of the Kona District. Please call Dr. Chris Monahan at 808-692-8015 if you have any questions about this letter. Aloha, 1 1114 C elanie Chinen, Administrator State Historic Preservation Division c CM