HomeMy WebLinkAboutCOM 0964.054 2004-2006
Captain Cook Ranch LLC
Michael W. Gibson, Manager
75-5722 Kuakini Hwy., Suite 208
Kailua-Kona, Hawaii 96740
(808) 539-0483
August 29, 2006
Honorable Stacy K. Higa, Chairperson
Hawai'i County Council 7)
25 Aupuni St. o
Hilo, Hawaii i 96720
Testimony in Sunnort of Bill 309• Proposed Amendment to the General Plan
LUPAG Man "17-2" to Rural
Dear Chairperson Higa and Members of the Hawai'i County Council:
We thank the Council for its unanimous vote to forward Bill 309 to second reading
particularly LUPAG Map change "F-2" of the interim amendments to the County's General Plan.
For your convenience, we restate the main points of the testimony presented in support of F-2.
1) Limitation of Density to Present RA-2a Zoning. At the request of Vice-Chairman Virginia
Isbell, our counsel, Tim Lui-Kwan, has provided all of the members of the County Council
with copies of both the Declaration of Restrictive Covenant and Irrevocable Escrow
Instruction executed by Captain Cook Ranch LLC that assures the retention of the RA-2a
zoning on the property that is proposed for "Rural" designation on the LUPAG Map of the
General Plan.
2) Storm Water. Our Engineer Nancy Burns P.E. has been in attendance for both of the
Council's prior deliberations on Bill 309 and provided her professional opinion that there is
no significant drainage issue on the subject lands, and assured the Council that all drainage
improvements will be done to the satisfaction of the County's Department of Public Works.
In this regard, the Council has also received the testimony of Rick Robinson and Clarence
Rapoza that the property does not experience extraordinary flooding.
3) Testimony in Support. Billy Paris has spoken in favor of Map change F-2 particularly
supporting the covenant preserving the RA-2a zoning for the subject property. Supporting
written testimony was provided by Gordon Leslie, who has dedicated the better part of his
entire adult life to the protection of Kealakekua Bay. Two adjoining landowners, Jim and
Anita Robinette, and Rick Robinson, also provided positive written testimony in support of
Map change F-2.
4) Testimony in Opposition. Brenda Ford, who owns and lives on just such a two acre parcel
close by, has spoken in opposition, as have Ambika Kosada and Dore Lowenthal, each of
whom are adjoining landowners. Ms. Kosada has stated that she would like the area to be a
Comm. No. -`(OLA'sq
Ref. To: Frosa't"w4j
;tef. cote, SEP 0 2006
park (which would have the effect of enhancing the value of her property). Ms. Kosada has
also circulated a petition which sensationalizes and completely misrepresents the facts. The
RA-2a zoning, which Captain Cook Ranch LLC has taken great effort to preserve, does not
allow commercial activity and has a height limitation of thirty five feet.
5) Consistency, with State Land Use State Law County General Plan and County Zoning:
a) Such Rural Designation is consistent with the State Land Use Urban District and the
Residential-Agricultural two (2) acre zoning.
b) The General Plan Text specifically encourages "Rural-style residential-agricultural
developments......... in close proximity to centers of employment, shopping and other
conveniences and have the basic improvements and amenities necessary for
development." This is just such an area, as it is directly makai of Captain Cook.
c) HRS, Section 205-G [states that] 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.
6) Reliance, Fairness and Vesting:
a) The historical use of this property has been ranching for the past 150 years. Property
taxes have been assessed and paid on the basis of its SLU "Urban" designation and
zoning rather than at agricultural rates. This has resulted in hundreds of thousands of
dollars in extra tax revenue to the County over the years. It would be unfair for the
County to now deny a designation consistent with the basis on which taxes have been
paid and upon which the owners have relied.
b) We believe that our substantial expenditures, including contribution of $161,250 paid
directly to the County of Hawaii for improvements to the intersection of Napo'opo'o
Road and the Mamalahoa Highway [never completed], as well as 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.
7) Environmental Matters:
a) We anticipate the imposition of the requirement by the State Department of Health
(DOH) that individual septic tanks be required on each of the proposed two acre lots for
the proposed 33 lot subdivision. In the future even better waste disposal technology may
become available.
b) Our project engineer Nancy Burns P.E. will design and oversee any improvements to
fully comply with all Federal, State and County requirements. It should be clearly
understood that there is no one living makai of this area, so there is no drainage impact
on any person below.
c) The entire Property is separated from Kealakekua Bay by an SLU Conservation parcel
more than one thousand feet (1,0001) wide at its narrowest. This land is pasture with no
visible erosion and good Guinea grass cover, providing excellent natural water filtration.
d) As can be seen by viewing the two acre lots in the adjacent Ka'awaloa Orchards
subdivision, the proposed two acre lots are an extremely low density and therefore
beneficial use for this SLU Urban designated parcel.
Thank you for the opportunity to once again present testimony on this matter.
Very Truly Yours,
CAPTAIN COOK RANCH, LLC
Michael W. Gibson, Its Manager
Encls:
Statements of:
Clarence Rapoza
Rick Robinson re storm water
Gordon Leslie
Rick Robinson
Jim and Anita Robinette
OM FAX NO. : Nov. 04 2005 05:56PM P1
Pa&niXpwh compan, Inc.
3465 'Waialae Avenue, Suite 260'
Honolulu, HI 96816
Ph. 732.2622 Fax: 732-2788
August 2, 2006
To Whom It May Concern:
As Manager of Mani Ranch Company, I have been responsible for the onttlo
operations on the land we have leased from Captain Cook Ranch UC, whose pasture is
below Napo'opo'o Road in kealakekua since early In 2001.
During those five years I have not seen any flooding on this land, nor are there
any eroded water courses or signs of erosion on this property.
incetely,
Clarence S. Rapoza
Manager
c:•nmsnra nd tlMh•W 4NNwY m.Yw.wWwnykOWUaI ~d/,.LMMiW uLC,p CaoYLfG.OW
To whom it may concern:
Regarding the storm water crossing my parcel TMK 8-2-2-33 and flowing ma kai:
I purchased this property in a leasehold interest from Tim Judd in 1985. At the time the fee
interest in the property was held by Kealakekua Ranch Ltd. and the parcel was approximately
5.7 acres in size. I planted the property to palms, birds of paradise and coffee and enjoyed
commercial use of the leasehold property until 2001.
In 2001 Kealakekua Ranch Ltd. sold the fee simple interest in my leasehold parcel to Captain
Cook Ranch who subsequently conveyed to me the upper 2.1 acres in fee in return for the
quit claim of my leasehold rights to the lower 3.6 acre parcel.
In 1985, at the time of my purchase of the leasehold interest in the property, I noted that
storm water came onto the property via a culvert under Napo'opo'o Road. The storm water
flowed into a ditch that had been made by Mr. Greenwell and Mr. Judd. In addition to storm
water that came via the culvert storm water also sheet flowed down Kinue Terrace onto
Napo'opo'o Road and across onto the leasehold property.
If water flows through the culvert it goes into a dry well directly ma kai of the culvert. If the
dry well fills up then the water flows ma uka of my driveway and around my house to the
South. From there the storm water flows down on to the lower area of the former leasehold
property of 5.7 acres and pools up to seep into the ground. In my 20 years of residence the
water seems to disappear into the ground in the area where the birds of paradise are planted
and is retained by the ma kai stone wall of the former leasehold property.
A few years back, while I was out of town, my drive way did have some flooding primarily
due to heavy rainfall running down the Kinue Terrace Road and onto my property. This
may have been due to either the drywell of the culvert needing to be cleaned out, or water
sheet flowing off the Kinue Terrace Road and down my driveway. At that time sand bags
were placed along my driveway to prevent the water coming down my driveway and we did
not receive any damage from the run-off, although water did pool up in the lower 3.6 acres of
the former leasehold property.
From my standpoint storm water drains need to be placed at the bottom of Kinue Terrace to
settle the storm water that builds up on the Kinue Terrace road and flows onto Napo'opo'o
Road. This would alleviate the run-off onto my property.
This represents my best recollection of storm water impact on the former 5.7 acre leasehold
property.
G. Rick Robinson-;2- D~
Owner: 382-002-033
August 22, 2006
The Hawaii County Council
In Bill 309: Support of General Plan Map change "F-2"
Dear Councilmember's:
I had hoped to be able to testify at the Kona TV location, but I am unable,
as I am taking a group of State officials for a tour of Kealakekua Bay.
I give this testimony personally, but I have long experience with the
Napo'opo'o, Ke'ei, Haunaunau Community Association, the Friends of
Kealakekua Bay and The Cultural and Planning Committee of Malama
Pono Kealakekua.
General Plan Map Change F-2 will make the General Plan consistent with
the State Land Use Urban District and the Residential Agricultural two (2)
acre zoning.
I have seen the preliminary subdivision map for the 33 two acre lots
proposed for TMK 8-2-2-2, and particularly as there will be no ohana
zoning, I believe that this is a very light density for SLU Urban land and I
support the project. I understand that a Covenant is proposed to not raise
the RA-2a. density in the future.
The people complaining about this are relative new comers and some of
them live on two acre lots or less. I find it annoying that they try to deny this
same lifestyle to others.
Sincerely,
rdon Leslie
August 22, 2006
The Hawaii County Council
In Bill 309: Support of General Plan Map change "F-2"
Dear Councilmembers:
I had hoped to be able to testify in person today but will have to rely on this
written testimony instead, as family commitments prevent my attendance.
I live on a 2 acre parcel directly above the land of Captain Cook Ranch and
have farmed on this land for the past 21 years. My crops are coffee, bird of
paradise and palms for landscape use.
I testified in favor of the re-zoning of this land at the hearings in 1989 which
changed the zoning to Residential Agricultural - 2 acre. I remain in favor of
two acre lots on this land as it is an effective means of encouraging small
scale agricultural use of the property.
These 2 acre lots are a very low density use of State Land Use Urban Land
and the best possible use that could occur on the land.
Small scale agriculture, such as these lots, are the best use of this property
and support diversified agriculture in West Hawaii, which is primarily
composed of coffee or other intensively cultivated crops.
The General Plan Designation should be consistent with the RA-2 Zoning
and State Land Use. Therefore I support the General Plan Designation
Change for F-2 to Rural.
Sincerely,
G. Rick Robinson
P. O. Box 430
Kealakekua, Hawaii 96750
Jim and Anita Robinette
81-860 Makahiki Lane
Captain Cook, HI 96704
August 21, 2006
Hawaii County Council
25 Aupuni St.
Hilo, Hawaii 96720
Testimony in Support of Bill 309;
Proposed Amendment to the General Plan
LUPAG Map "F-2" to Rural
Dear Members of the Hawai'i County Council:
We own T.M.K.s (3) 8-1-9-22 & 24, which border on the lands of Captain Cook Ranch
LLC, specifically T.M.K. (3) 8-2-2-2.
We have received proper notice, and seen the preliminary map of the proposed 33 lot 2
acre subdivision into lots, which borders our property.
We believe that 2 acre lots are a positive use of these lands which we understand are
designated Urban by the State.
We support the County Council following the Planning Director's recommendation to
give these lands a General Plan "Rural" designation which is consistent with their
Residential-Agricultural two acre zoning.
Sincerely,
J' and Anita Robinette