The URL can be used to link to this page

Home My WebLink AboutCOM 0964.140 2004-2006 Nov 15 06 12:05p M&D LOEWEMTHRL 808-323-3282 p.1 HE NOU 15 P~1.'_ 07 COUNCIL TESTIMONY BILL309- NOV. 15, 2006 MEETING AGENDA 4 PAG Dear County Council, C^..' .Page~'I COltN 1; PRIOR KNOWLEDGE I am submitting this testimony as part of ongoing information establishing prior knowledge for this County Council of environmental standards in relation to land use decisions. SUBSTANDARD ENVIRONMENTAL PROTECTION Throughout my testimony on the proposed F-2 General Plan Interim Amendment, I have repeatedly brought to the attention of the Council that environmental criteria applied to the Pali uplands of Kealakekua Bay affected by F-2 are inadequate, antiquated and far behind programs being implemented and enforced by other Counties and States to protect natural resources, unique habitats and coastal waters. There appears to be a curious disassociation on part of the ruling majority of the present Council in perceiving the crucial relationship between land-use decisions and land-based pollution impacting the coastal environment. Our County has no proactive integrated comprehensive regulatory programs to protect the water quality of our coastal eco-systems. Yet, the ruling majority of the Council is making critical large-scale development and land designation decisions without regard for current knowledge on adverse impacts to watershed and marine environments. CESSPOOLS As an example, I had discussed the fact that the F-2 lands, nearly 100 acres of land above Kealakekua Bay and Marine Life Conservation District, are only required to have individual cesspools for dwellings. At present zoning 2 acre lots are minimum. If F-2 passes, owners will be entitled to apply for rezoning allowing further sub-division. Here we have a situation where Hawaii County's present environmental law allows use of individual cesspools on 100 acres over pristine Kealakekua Bay. The Planning Director and County Council should be adopting, implementing and enforcing much higher standards to protect our coastal waters. They should be legislating County ordinance to outlaw individual cesspools, esp. in such an environmentally sensitive area.. Instead, they turn their attention to giving this one developer, Captain Cook Ranch, LLC, a land use designation facilitating higher density development over the Bay. QUESTIONABLE TESTIMONY Addendum A is a page from Attorney Mike Gibson's testimony. A request was made for an F-2 restrictive covenant to include mandatory septic systems. Captain Cook Ranch, LLC, refused that request. A. Nc. 4(oq.Iyo kpf. To: hi/tr~M Ref. Uete_ M 5--~_ Nov 15 06 12:06p M&D LOEWEMTHAL 808-323-3282 p.2 PAGE 2 of 4 - BILL 309 TESTIMONY NOV. 15, 2006 Rather, in his testimony, Mr. Gibson said they "anticipate the imposition of the requirement by the DOH that individual septic tanks be required..." Addendum B is the Request for Information from DOH , dated Nov. 13, 2006, stating that CESSPOOLS ARE ALLOWABLE on TMK 8-2-2-2 and 8-2-2-55. These two TMK parcels comprise the nearly 100 acres owned by Captain Cook Ranch,LLC, affected by F-2. Mr. Gibson is "anticipating" something from DOH that is not going to come. Captain Cook Ranch, LLC, has Tim Lui-Kwan, an attorney for Carlsmith- Ball, listed as "applicant". It has attorney Michael Gibson as "manager". It is owned By Christopher Nome, who was a practicing attorney. Does this Council think it likely that I know more about their property than three attorneys do, simply because I requested information of public record? FAILURE TO PROTECT ENVIRONMENT Why is this County Council accepting such questionable testimony without seriously examining environmental concerns? Why is this County Council going ahead on important land use decisions without applying strict comprehensive standards for environmental protection? Hawaii County is now legally liable for adverse impact and degradation of our coastal waters. Land-based pollution degrades coastal waters. Land use decisions determine land- based pollution. How can sound land use decisions be made without utilizing updated environmental knowledge and strict protection standards? Sincerely, Dore Dokos-Loewenthal November 14, 2006 Nov 15 06 12:06p MLD LOEWEMTHRL 808-323-3282 p•3 ADbirfbuM P 3 6f 'q -;-EF 7) 6E4d 0 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 an d 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, extent 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 5161,250 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 Bums 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. Nov 15 06 12:06p MILD LOEWENTHAL 808-323-3282 p.4 io L4 of wnarn an avn c,.rinv.r+c..~••REQUEST FOR CESSPOOUSEPTIC TANK PUBLIC RECORD To: Department of Health Ph. (808) 322-1` 7L 14 `3 Kealakekua Health Center (nailing address) Fax (808) 322-1511 91-980 Halcldi Street Suite 103 Keakealaai B14 (scow io atioal Kealakekw, Hawaii 96750 79-1020 ffo* ila Stroet Rm 113 Attn: Wastewater Branch Keablockug Hawaii 96750 The following Department of Health record is hereby requerted. Identify or describe character of record: Tau Map Key Number/Address MORA 111V 2~ S5 Big Island: TMK Zo 2( Sts 9 only TMK L3, - - Paired size Istaod 3 -Ilawaii Island Zone See Plat Parcel O CESSPOOL IIFO TION 0 SEPTIC SYSTEM INFORMATION 0 OTHER INFORMATION (SPECIFY) CESSPOOL OR SEPTIC USE REQUMEMENT Name of Re"estor Signature Date Company/Organization Phone Fax For Department Use Only _ NO CESSPOOLRYIORMATIOfCofff4F _ CUSPOOLDWORFI T"IN CESSPOOL DRSXW APPROVEDUTNO CESSPOOL DvMRMATION APNO STT7tC SYSTEaa DVSEP77C SYSTZaI NOTDSEPTIC SYSPEM N07 APPROCHED LZTTW SEPTIC SYSTEMAPPROVZD OFOR _ BEDROOMS 0TML. } 1 S i~ IS A UQ~/LC' r r~ ct NOTE: C es All sketches are made CL 1 d fec- front existing records - only - acwd condition may diner. Streal distances/oriess"doo will be indicated it available - some records are incompiew. FOR REFERENCE ONLY - VERIFY IN FIELD NOT TO SCALE t t 13 a,6 Wastewater Branch .a,ew