HomeMy WebLinkAboutComment from T. Lui-Kwan - County GP Update - Designation of Land Below the 1,000' el. in South KonaFrom: Tim Lui-Kwan [mailto:tluikwan@carlsmith.com]
Sent: Wednesday, February 10, 2016 5:52 PM
To: Surprenant, April
Cc: Chris Norrie Subject: County General Plan Update - Designation of Lands below the 1,000' el. in South Kona
Aloha April,
As I mentioned during our discussion on Monday regarding the department’s current update to the GP, I
would like the Planning Department to consider changes to the current IAL designation for lands below the
1,000’ elevation in South Kona. I’ve attached some material that we put together which we believe provides a
basis for designating as “Extensive Agriculture” those lands lying makai of the 1,000’ elevation between the
Hokuli‘a project and Kealakekua Bay in South Kona. The same rationale and facts that justified the change in
designation from IAL to Extensive Agriculture for lands in North Kona (see attachments) on LUPAG Map 4
during the County’s 2005 update of the General Plan are present in South Kona as well. There is no difference
in the soil type, topography, rainfall and land use between the North Kona lands (Keauhou and Honalo) below
the 1,000’ elevation than those lands in South Kona. All of the farmers in Kona know that the 1,000’ elevation
is considered the bottom of the coffee belt – the point at which rainfall is not sufficient to support crops
without irrigation. The South Kona lands, like those lands just a bit further North in Honalo that were
redesignated on the LUPAG maps as “Extensive Agriculture”, have been traditionally used for pasture and
ranching. I know that you said that you will not be back I the office until the week after next but if I can’t make
the meeting, Chris Norrie, one of the affected South Kona landowners who I am copying on this email, will be
contacting you to schedule a meeting in the last week in February to discuss a suggested change in LUPAG
designation for those similarly situated properties in South Kona. There is really no good reason for treating
landowners of property makai of the 1,000’ elevation differently based on which side of the district boundary
they are located. I believe that the change will have a positive impact on the actual agricultural uses for these
properties and well received by the community. Thank you for considering the suggested changes, Tim
TIMOTHY J. LUI-KWAN Partner | Carlsmith Ball LLP
1001 Bishop Street, Suite 2100 Honolulu, HI 96813
Tel: 808.523.2511 Fax: 808.523.0842 Honolulu · Hilo · Kona · Maui · Guam · Los Angeles
www.carlsmith.com Download V-Card
IMPORTANT/CONFIDENTIAL: This message from the law firm of Carlsmith Ball LLP, A Limited Liability Law Partnership, contains information which may be confidential, privileged, and/or exempt from disclosure under applicable law. If you are not the addressee (or authorized to receive for the addressee), you are
hereby notified that the copying, use or distribution of any information or materials transmitted in or with this message is strictly prohibited. If you received this message in error, please immediately notify me (the sender)
by replying to this email, then promptly destroy the original message. Thank you.
Suggested change of designation in lands below 1,000 ft.
elevation in South Kona from Important Ag Lands to Extensive
Agriculture, as marked on existing LUPAG Map attached.
1. Such lands (not recent lava flows) have predominantly been used as pasture, and are
imprudently designated as Important Ag Lands.
2. In the last comprehensive review of the General Plan similar lands to the North below
1,000 ft. elevation were redesignated to Extensive Agriculture by LUPAG change E61.
Similar lands should be treated equitably by the General Plan, and not show favoritism to
particular landowners.
3. It is poor public policy to encourage the use of County Water for irrigation purposes at
such lower elevations. At higher elevations coffee has be grown without irrigation and
water requirements increase substantially at lower elevations. A West Hawaii Today
article in support of this concept today article attached.
1 Belt Collins provided an exhaustive study, including rainfall data, to justify such change, the
executive summary of which is attached. The remaining detail of Belt Collins study is on file with Planning Department.
Legend
LUPAG 2005 (ord06153)
(breakwater)
Conservation
Extensive Agriculture
High Density Urban
Industrial
Low Density Urban
Medium Density Urban
Open Area
Important Ag. Lands
(pond)
Resort Node
Rural
Resort
Urban Expansion
University Use
Orchards
LUPAG
Kona Community Development Plan
4-20-07
µ
05102.5 Miles