HomeMy WebLinkAboutCOM 0964.099 2004-2006
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Murashige, Laura
From: rivaut@netscape.com
Sent: Tuesday, October 24, 2006 3:00 AM
To: counciltestimony@co.hawaii.hi.us; Higa, Stacy; Isbell, Virginia; Hoffmann, Pete; Pilago, K.
Angel; Jacobson, Bob; Safarik, Gary; Ikeda, Donald; fholschuh@co.hawaii.us; Me
Subject: Fwd: F-2 Testimony PUBLIC HEARING OCT. 24
Attachments: public hearing council testimony F-2 LETTER 300 a.doc; public hearing council testimony
October 22.doc
Begin forwarded message:
From: <rivaut@netscape.com>
To: Me <rivaut@netscape.com>
Subject: F-2 Testimony PUBLIC HEARING OCT. 24
Date: Tue, 24 Oct 2006 03:59:43 -0700
DEAR COUNTY COUNCIL,
ATTACHED 2 PAGES OF TESTIMONTY RE: F-2- AMENDMENT:
A ONE PAGE LETTER, AND
A SECOND PAGE OF REFERENCES TO ONGOING WORK ON "RURAL" CONCEPTS.
REVISION, DEFINITION AND REFORM ON THE COUNTY AND STATE LEVELS THROUGH
COLLABORATIVE EFFORTS IS ONGOING.
SINCERELY,
DORE DOKOS-LOEWENTHAL
CAPTAIN COOK, HI. 96704
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Ref. Date OCT 2 4 200
10/24/2006
October 22, 2006
Dear County Council,
BILL 309 F-2 Amendment endangers 2- acre zoning minimums for 100 acres above
Kealakekua Bay. F-2 changes LUPAG Map designation to Rural, defined as "typical lot
sizes of 2 acres to 9000 sq. ft." Rural designation allows applying for rezoning that
permits lots much smaller than 2 acres.
Ms. Isbell wanted a strong restrictive covenant to prevent such rezoning. The covenant
submitted by the developer has significant loopholes that cancel the covenant when:
(a) "The General Plan LUPAG designation for such relevant portion of the Property is
amended from "Rural" to some other designation, or
(b) The Hawai'i County Code is amended to delete "RA-2a" as a zoning classification or
to substantially change the definition thereof.
Amendments changing LUPAG designation can be initiated by landowner or Planning
Director. It can take under a year to be granted. When granted, it terminates F-2's
restrictive covenant under (a).
KCDP and the State Office of Planning are revising Rural definitions. This could
necessitate County Code amendments. If Residential Agricultural zoning is renamed or
redefined, that could terminate the covenant under (b).
Weakened by loopholes, this is NOT the strong covenant Ms. Isbell proposed to prevent
higher density development.
.Higher density development can pollute coral reef ecosystems. The County Council
ignored testimony about Submarine Groundwater Discharge. Rainfall carries pollutants
from development down to sea level inside the land mass. This water travels through
fractures, underwater conduits, and permeable lava. Over time, it seeps into the Bay.
Submarine Groundwater Discharge is a recognized factor in adverse impact to coastal
ecosystems. It was not well-recognized when Special Management Area Use Permit 4269
was granted to F-2 lands in 1988. Conservation buffers of 1000' reduce pollution from
run-off. They do not protect Kealakekua Bay from polluted Submarine Groundwater
Discharge. Individual property rights do not include killing our coral reefs.
Dore Dokos-Loewenthal
Captain Cook, Hi.
October 22, 2006
Testimony Public Hearing on Bill 309
Page 2 of 2
Dear County Council,
in the first page, in the letter of testimony for the Oct. 23, 2006 Public Hearing on Bill
309, theRevision of "Rural" definitions is mentioned.
Regarding the ongoing revisions and reforms on "Rural" concepts, please note the
following references:
KCDP "RURAL" DEFINITION AND POLICY REVISION:
Kona Community Development Plan Working Group: Land Use and Planning
"Outside Urban Expansion Area" Objectives and Actions-
I Implement Rural Zoning and Land Use Policies that maintain the character of South
Kona.
8. County integrates with State and private efforts regarding land use and zoning
11. Define "Rural" in the County Codes and create a policy for rural zoning,
including density.
16. Work with State and County to update rural and agricultural lands policies.
"RURAL" REVISION AND REFORM COLLABORATION WITH COUNTY AND
STATE:
State Office of Planning
SLU Rural District Reform
Mr. Anthony Ching, Executive Officer of the SLUC
MISSION
Implement Act 205SLH 2005
Engage Community and County Leadership in Reform Dialogue
Support County Initiatives:
General Plan Amendments and Updates
Mr. Anthony Ching is working with the State Office of Planning and the KCDP Land
Use Working Group on Rural concepts that partner the State and County in definition,
reform and revision collaboration.
Testimony submitted by
Dore Dokos-Loewenthal
Captain Cook, Hi. 96704