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Home My WebLink AboutCOM 0964.015 2004-2006 July 29, 2006 To the County Council Planning Committee And County Council 1 am writing regarding General Plan Interim Amendment F-2. This amendment has consequences for almost 104 acres of land situated between upper Napoopoo Road and the conservation land above the Pali over Kealakekua Bay and Marine Life Conservation District. Around 1988, this land was owned by Kealakekua Ranch who applied for a change of zone to Residential Agriculture 2 acre and for a subdivision. They were issued Special Management Area Use Permit # 269, which was dependent on the change of zone being issued. Their subdivision plan featured 36 lots greater than 2 acres covering 109 acres. Their 37th lot was the long strip of conservation land along the Pali, Ultimately, that subdivision application was put in abeyance. The present owners, Captain Cook Ranch LLC, resubdivided and have a pending subdivision of thirty three 2 acre lots on about 73 acres. That leaves another parcel of approximately 23 acres zoned RA2 which potentially can also be subdivided. (The conservation land strip lot is not part of this pending subdivision.) This pending subdivision uses the same SMA 269 permit issued almost 20 years ago. The F2 Amendment, (which concept had been agreed upon between Chris Yuen and Captain Cook Ranch in 2004 for this developer's land according to correspondence on public record), would change the County Land Use Designation from Important Agricultural to Rural. Rural designation as defined in the County of Hawaii General Plan, Feb. 2005 has "typical lot sizes of 9000 sq, ft. to 2 acres". This amendment would create the opportunity for present and future developers and future owners of RA 2 acre lots to apply for rezoning in hopes of finther subdividing their land. This would change the original basis for SMA 269 of lots 2 acres or greater to a category of 2 acres or smaller, (allowing houses on !h acre lots.) AltMugh amendment F-2 says it does not imply stipport for rezoning, the letter ttom Chits Yuen to Captain Cook Ranch LLC, Nov. 7, 2003 also says "The prop6sed LUPAG Map amendment will not change the current zoning of the properties, but it will be an important consideration if rezoning or other land use changes are sought in the future". If enacted, F-2 could set up the sequence of new rezoning and subdivision applications occurring piecemeal over an indefinite length of time. Applications would be ruled on reactively, one at a time. 13ecisions would be left to the politics of the changing planning commissions and county councils in power. %(445 Comm. No. Ref. TdhwM?ae Ref. Uate- The environmental impact of any single property application night be seen as minimal, but cumulatively the environmental impact of sequential applications over time could be extremely significant. There would be no way of truly assessing the actual ongoing adverse impact of higher density development on Kealakekua Bay and Marine Life Conservation District accurately. Coastal zone management has acquired significant data over the time since SMA 269 was issued for this area almost 20 years ago. It is now acknowledged that there are complex problems arising from: A) Non-Point Source Pollution, (NPS) B) Cumulative and Secondary Impacts (CSI); the combined impacts of human activities on land affecting coastal resources, and C) Submarine Groundwater Discharge, (SGD) It is difficult to identify and monitor these multiple factors which can damage the coastal water and ecosystems, such as coral reefs. These processes can cause gradual environmental degradation that escapes notice until a crisis event occurs. Procedures need to be developed, funded and adopted to assess and control NPS, CSI, and SGD hazards and environmental impact. Programs must be implemented to mitigate and prevent degradation of the coastal ecosystems. At present, there is no comprehensive program in West Hawaii. The lands affected by the proposed F-2 Amendment are nearly 100 acres lying above a coastal aquifer, (shown on attached map). These Pali uplands are host to very porous layers of lava rock, fractures, lava tubes, cracks and underground water paths. Rainfall and irrigation water percolates through the soil into groundwater, transporting contaminants ofNPS pollution,( e.g. wastewater, fertilizers, nitrate, oil, solvents, paint, mildewcide, termite treatments for building pads, and the myriad chemicals and pollutants that are toxic by=products of development.) Although the soil has some capacity to bind pollutants, it is limited. It will not filter everything. Eventually, groundwater carrying contaminants percolates into subterranean freshwater outflow causing pollution of the coastal waters. The coral reef ecosystems are among the most fragile of our coastal resources. The coral reef is nourished by fresh water outflow. Pollution of the water destroys the reef. A Review of Coastal Monitoring Data for Development in West Hawaii 2006, prepared for the County of Hawaii by the Marine Science Department at University of Hawaii it Hilo, states "Historical water quality analyses from Waikoloa and Hokuli'a revealed that nitrogen water quality parameters have significantly increased at both developments over the last 10 years.... Nutrient concentrations were more elevated at low salinities suggesting that nutrients originate from freshwater sources like fertilizers, irrigation water or waste water. These elevated nutrient concentrations may lead to algal blooms in West Hawaii"... This data illustrates the probability that polluting nutrients from wastewater, fertilizers, etc, due to development are appearing in the fresh water outflow entering our coastal waters in West Hawaii. 2 The State is required, under the Federal Clean Water Act to protect all waters of the State. it is required to maintain the chemical, physical and biologic integrity of the nation's waters. It is required to protect the beneficial uses of these waters, including water quality for the protection and propagation of fish, shellfish and wildlife. Counties are not entitled to act without regard for Federal and State Programs, or act in conflict with such programs. In 2004, the 2e State legislature of the State of Hawaii passed a Senate Resolution implementing the Precautionary Principle Policy in regard to environmental protection. It says an obligation exists to assess alternatives and select the alternative with least potential impact on human health and the environment, including the alternative of doing nothing. The Precautionary Principle says that when there is reasonable suspicion of harm, and there is scientific uncertainty, then we have the duty to take action to prevent harm. The Hawaii County. General Plan is mandated to protect Natural Resources, Natural Beauty, Unique Habitat and Coastal Resources. Kealakekua Bay and Marine Life Conservation District qualify for protection on all these counts. The coral reef and fish and dolphins are already stressed by human use. By opening the door to higher density development on these lands above the Bay, Amendment F-2 only serves to potentially increase the magnitude of adverse environmental impacts on the water, the coral reef and the fish ecosystems of Kealakekua Bay: It contains no proactive comprehensive integrated program to protect the Bay. Amendment F-2 runs counter to protecting this fragile natural resource. Amendment F-2 runs counter to the spirit and mandate of the General Plan. Neither the property rights of individuals nor the decisions of political leaders should run counter to the mandates of the County Plan and the programs of the State and Federal Governments to protect irreplaceable environmental treasures like Kealakekua Bay and Marine Life Conservation District. As our elected officials, please honor the recommendation of the Planning Commission. Please DELETE proposed Amendment F-2. Please vigilantly protect our beloved Kealakekua Bay and Marine Life Conservation District. Sincerely, Dore Dokos-Loewenthal F.O. Box 503 Captain Cook, Hi. 36704 3 1~Holualoa KeauhouaBay Honalo Kpaiakekta,• •~1/' y s aptal4o • ook a Honaunau ka Az x n / e y ~ W/, W f~ r` ! -01 - Legend Kona Boundaries Preferred Growth Areas Major Roads - - L-r fN,e ~ j'r l~lt III ~ tl~ll '"t1•; - Streams - s. I JJ Aquifers V Utility/Salinity Current Drinking, Fresh Ho' Ulm- ® Current Drinking, Low Salinity Current Potential Drinking, Fresh MI 11'1 Potential Drinking, Low Salinity We: All aquifers in the region are irreplaceable _ and highly vulnerable to contamination. - Aquifers Kona Community Development Plan wr February 18, 2008 e 0; I 2- 4- 8 8 = s