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HomeMy WebLinkAboutCOM 0349.923 2006-2008 OPPOSITION TO TAE ADOPTION OF RESOLUTION NO. 169-07 DRAFT 3 The County Council is barred from taking final action on Resolution No. 169-07, Draft 3: • The County Council is required by law to select parcels that were specifically identified by the Public Access, Open Space, and Natural Resource Preservation Commission's ("Commission") Land Prioritization List. H.C.C. Section 2-217. Duties and responsibilities of the commission. The duties and responsibilities of this commission are: (1) To develop and submit to the mayor, an initial island-wide prioritized list of oualifying lands worthy of preservation within six months of being confirmed to the commission by the council. Priorities shall be listed on an island-wide rather than district basis. The list shall include the significance of each parcel or entitlement identified, the reason for its prioriTy and its anticipated use after acquisition; (Emphasis added.) H.C.C. Section 2-218. Prioritized list of qualifying lands worthy of preservation. (a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall, by resolution, select the land or lands to be preserved; (Emphasis added.) • Resolution No. 169-07, Draft 3, illegally tazgets parcels that have never been specifically identified on the Commission's Land Prioritization List. These additional parcels include portions of the properties covered by Tax Map Key: 9-6-007:001; 9-6-001:013; 9-6-002:008, 037, 038 (except for a portion of the property with the established residence consisting of one single family home), 041, 053; 9-5-019:011, 015, 026, and 035. (See cross-hatched area on attached map which represents lands illegally targeted for acquisition.) • Therefore, TMK parcels that are not listed on the Land Prioritization List should not be included in Resolution No. 169-07, Draft 3 as these parcels are required by law to be identified by TMK pazcels prior to submittal to the Mayor and County Council for final selection. Therefore, in addition to the many other reasons to reject Resolution No.169- 07, Draft 3, the Council is also legally barred from taking final action on Resolution No. 169-07, Draft 3, as written. Comm. IVo. 3 `I-`1'`~ Ref. To: ~~n ~ Raf. Date - G.~y fir ~ que5 i _ -"-----._._-.T _---------------------r- LH en • Projoc[6ouMary Frieling Call Courva ~ 2000 [I Setback from Cease lire 2oning -.i.....~.~; ,n tread) Agriwitural-A-20a "'~1,~ 'i.uaga Commamial • C~'-10 OPEN tN~114Family -Rbl-2 b7W1i~Famdy-Rh1-2S a.30a Muitl•Famiy - R!A-3 ? Sir;gle FamiPy-RS-15 ' Sirg's Family • RS-20 Rasan-`675 S C a Hl rrw° " µam alAn° _ - `uf, ' t ¢ iu rc".r?il ' I ~ R3 t5 }~K N _ a ji. .i j Yt + + / Ln ~ I - ji' 3 ~ i y4 n li ~h a ~'4 + t~~ ~t I , y ~.,r A 1M ~ i~~ , ) r, ~ 1 ~~r ..f Y 4 ~i.~ 1 I Sr(! Yr`q , t. z ` ,0 'y5 11 ~ ~ ~ "Gr. ~ L. r RMt ~ y- ~r x~~, i' LI' ~ r . 1 F tr i ba 1- Lands designated for preservation by the PAOPNRP Commission Land Prioritization Lisf"""~°"""`'"•'""'a`yP"'""'""° I.CCY:r 11T 41 MP'~4.va tlq`° ~ `TMK 9-6-001: 003, 006, 011, 012 and 9-5-19: "~^~"'°x' *~`-'m,r"T coastal portions of various parcels" ~-~-+~F=4t rao ~c~ 1.:uo -~~~~----2onirg "iao Sea ;'Kozn;titNirl set Ft+natrr `rn l OPPOSITION TO THE ADOPTION OF RESOLUTION NO. 169-07, DRAFT 3 The County Council is barred from taking final action on Resolution No. 169-07, Draft 3: • The County Council is required by law to select parcels that were specifically identified by the Public Access, Open Space, and Natural Resource Preservation Commission's ("Commission") Land Prioritization List. H.C.C. Section 2-217. Duties and responsibilities of the commission. The duties and responsibilities of this commission are: (I) To develop and submit to the mayor, an initial island-wide prioritized list of qualifvin¢ lands worthv of preservation within six months of being confirmed to the commission by the council. Priorities shall be listed on an island-wide rather than district basis. The list shall include the sienificance of each parcel or entitlement identified, the reason for its priority and its anticipated use after acquisition; (Emphasis added.) H.C.C. Section 2-218. Prioritized list of qualifying lands worthy of preservation. (a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council sha1L by resolution, select the land or lands to be areserved; (Emphasis added.) • Resolution No. 169-07, Draft 3, illegally tazgets pazcels that have never been specifically identified on the Commission's Land Prioritization List. These additional parcels include portions of the properties covered by Tax Map Key: 9-6-007:001; 9-6-001:013; 9-6-002:008, 037, 038 (except for a portion of the property with the established residence consisting of one single family home), 041, 053; 9-5-019:011, 015, 026, and 035. (See cross-hatched area on attached map which represents lands illegally targeted for acquisition.) • Therefore, TMK parcels that are not listed on the Land Prioritization List should not be included in Resolution No. 169-07, Draft 3 as these pazcels are required by law to be identified by TMK parcels prior to submittal to the Mayor and County Council for final selection. Therefore, in addition to the many other reasons to reject Resolution No. 169- 07, Draft 3, the Council is also legally barred from taking final action on Resolution No. 169-07, Draft 3, as written. (Zoning) - I l en ' Project BOwnary Erisllnq Cnlf COUra t^m^- 2000'1 Selhatlc from ~V 2oning Ccasc line j ,19nculturel ~ A-2Oa "1.~,,.~,., _~'/'~I;age COmme~rlal•CV.1J \ , OPEN ~ Mmi~Famly -RM@ IAui6~Famtly ~ RH42S A~10a - ~ Mua•Family.ftM3 } Srgla Farroiy ~ RS-15 Sirgle Family ~ RS-20 Rascn-v-ts ' hea NI9Awa - - µartala ~ - ii R&t5 S i. t , 'L Y4t ~ ~~s : ~ ~1 r ~ ~s s. r' ~ rf r as . / _ : v ~ - y ama s ~ ~ft , III ~i .rr~_ f _ Y ~ li ~ t It j ~ . t ~ - x ` R t t~ 1 i f _ 4 ~y E , v a. ~ RtF1 ~ y J ' ~ r. `idtij f .:f ~i9a i qd 4 f I' ~ \r(r~ ~ - 4 ' is Lands designated for preservation by the '-~'ra" = PAOPNRP Commission Land Prioritization Lis~~ ~""""''~"~1P8"Pr"""''"`° ?E~ia a.~ r ~1n..~a ~-u«,y ass 'TMK 9-6-001:003,006,011,012 and 9-5-19: "'°'^='arc:,xu's ~mu~: ~=s coastal portions of various parcels" ~y-~---~~F^et l"-0 ~C.9 ! 2UJ - --~~----Z~nirg'dao Sew;titotn;~twin oitPti1hwttf'u OPPOSITION TO THE ADOPTION OF RESOLUTION NO. 169-07, DRAFT 3 The County Council is barred from taking final action on Resolution No. 169-07, Draft 3: • The County Council is required by law to select parcels that were specifically identified by the Public Access, Open Space, and Natural Resource Preservation Commission's ("Commission") Land Prioritization List. H.C.C. Section 2-217. Duties and responsibilities of the commission. The duties and responsibilities of this commission are: (1) To develop and submit to the mayor, an inirial island-wide prioritized list of oualifvine lands worthy of preservation within six months of being confirmed to the commission by the council Priorities shall be listed on an island-wide rather than district basis. The list shall include the slenificance of each parcel or entitlement identified, the reason for its priority and its anticipated use after acquisition; (Emphasis added.) H.C.C. Section 2-218. Prioritized list of qualifying lands worthy of preservation. (a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixty days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall by resolution, select the land or lands to be preserved: (Emphasis added.) • Resolution No. 169-07, Draft 3, illegally targets parcels that have never been specifically identified on the Commission's Land Prioritization List. These additional parcels include portions of the properties covered by Tax Map Key: 9-6-007:001; 9-6-001:013; 9-6-002:008, 037, 038 (except for a portion of the property with the established residence consisting of one single family home), 041, 053; 9-5-019:011, 015, 026, and 035. (See cross-hatched area on attached map which represents lands illegally targeted for acquisition.) • Therefore, TMK parcels that are not listed on the Land Prioritization List should not be included in Resolution No. 169-07, Draft 3 as these parcels are required by law to be identified by TMK pazcels prior to submittal to the Mayor and County Council for final selection. Therefore, in addition to the many other reasons to reject Resolution No.169- 07, Draft 3, the Council is also legally barred from taking final action on Resolution No. 169-07, Draft 3, as written. (Zoning) Le en ° ~ Project Ba,nnary Existing Calf Caor.,a 20W It Se14atM Pom 1 Loning C°asf line ~ (rcad) ~~ncalWml-A-20a _,-ri'~\ _ ~ YJIaga Cammarclal-CV4; \ OPEN IAW(i-Family-RM1.2 IAUitI-Faintly-RAi-2S A~?Ba y~ Muif4Family.RM-3 _ , ; SlnGle Fam!ry - RS-i5 Sirgle Famly-RS-20 Rescn-`/-L5 i 0 - - y nl9hw"' Mamal3ho ' sk.., 1, Re.tS " 2~~~ K ~a fn i ' u . M`~ is ~ S~ P Ah * AD, jY.~`. fi b ( e`,4 Y4`i. ~1 RE40.~ = ` t k~T' w,.rr l . RI' ~ _ ~ ' -y` ~~I~ ~ ' ~.t ~ ~ .r~ i r~ tr ~^Y. fi t:~. ~ u ~ Ek ~ d P~ I I RAFx ~ u . " , `N: r' L.. ~t << - r t t~F Lands designated for preservation by the , ~ PAOPNRP Commission Land Prioritization Lisp""~~~~,";';,°,y;'~~~,,,''"`" ','yws~~~ 'TMK 9-6-001:003, 006, Oll, 012 and 9-5-19: n~,a;s'ax'„xus'rtrna coastal portions of various parcels" y~-»F,et J70 _ aC9 t)0 Z~^ing "dao Sea Motrn twin at ptt a~ atu'tr OPPOSITION TO THE ADOPTION OF RESOLUTION NO. 169-07, DRAFT 3 The County Council is barred from taking final action on Resolution No. 169-07, Draft 3: The County Council is required bylaw to select parcels that were specifically identified by the Public Access, Open Space, and Natural Resource Preservation Commission's ("Commission") Land Prioritization List. H.C.C. Section 2-217. Duties and responsibilities of the commission. The duties and responsibilities of this commission are: (1) To develop and submit to the mayor, an inifial island-wide prioritized list of oualifvine lands worthv of preservation within six months of being confirmed to the commission by the council. Priorities shall be listed on an island-wide rather than district basis. The list shall include the significance of each parcel or entitlement identified, the reason for its priority and its anticipated use after acquisition; (Emphasis added.) H.C.C. Section 2-218. Prioritized list of qualifying lands worthy of preservation. (a) The prioritized list developed by the commission shall be submitted to the mayor for comments and recommendation. Within sixTy days after receipt, the mayor will submit the list to the council with comments and recommendations. The council shall, by resolntion. select the land or lands to be preserved; (Emphasis added.) • Resolution No. 169-07, Draft 3, illegally targets parcels that have never been specifically identified on the Commission's Land Prioritization List. These additional parcels include portions of the properties covered by Tax Map Key: 9-6-007:001; 9-6-001:013; 9-6-002:008, 037, 038 (except for a portion of the property with the established residence consisting of one single family home), 041, 053; 9-5-019:011, 015, 026, and 035. (See cross-hatched area on attached map which represents lands illegally targeted for acquisition.) • Therefore, TMK parcels that aze not listed on the Land Prioritization List should not be included in Resolution No. 169-07, Draft 3 as these parcels are required by law to be identified by TMK parcels prior to submittal to the Mayor and County Council for final selection. Therefore, in addition to the many other reasons to reject Resolution No. 169- 07, Draft 3, the Council is also legally barred from taking final action on Resolution No. 169-07, Draft 3, as written. ' (Zoning) - Le n • • Project RnunAary Eeisliny CAIf Cob($e ~ -M~*- 2000 fl Sorbed Tram 2oning Ccasl Cne _ ,~.°•'°•°`s. ? (road) "~'\'i ~ ` Agecaltural-A-20a ~1,~~, _~'/~llaga COmmamial•C'd•10 ~ OPEN % tdo',Ii-Family - RM-2 Mullf-FannIY-RM.2.5 iiilll A~?aa Mu:ti-Family. RM3 ,~~3raJle fam:ry-R315 Sing%Family-RS-20 Resort-'/-75 C ' M1gPw eY - - Mam alaPoa R3t5' ~ s s~~ k 5 ~ i c Y+y$ s s i~ d ~ a ;,r,"ft ~ pfd r JA ~ ~ y f PY~ 4 tY i 1 i ^~k+`~a. ~aa~ FfE"F i u„ s_, Abh ~ ~ ~,#°T~~~ ~ a. ' , 1 II~V ~~q ~1r'•~.exR, i ~ a' e RA1~;kf,'- ,4t ~il R " i'~ t ;;~i r' i I u ~ s ~ 4 i ~ i 5 d: - f Y + i II ~I I x "~~(i t ~ y r, , ~ i i ~ ,r RAFx a 1 + II h~ ~ Lands designated for preservation by the 1a~," PAOPNRP Commission Land Prioritization Lis~`~" ""rr~"'~°°~~"""" I y~..:~ uc-Y-Nx xo,n ae G.3 TMK 9-6-001:003,006,011,012 and 9-5-19: ''~'e4"~u° coastal portions of various parcels" ~~~--r~F°et JCC ~C7 ~.~A} Z>;airg "lap Sea Mot+ntaiY~ set Pt+s, atu'c+