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JLLIVAN I MEH EULA 1 LiE <br />A LIMITED LIABILITY LAW PARTNERSHIP <br />September 28, 2016 <br />4 q <br />F <br />atm/ 4& by <br />'4,1„ 1%ed <br />MA am <br />VIA: Upload through Hamakua CDP Feedback Form at http://www.hawaiicountycdp.info <br />County of Hawaii <br />Planning Department <br />Hamakua Community Development Plan Steering Committee <br />Aupuni Center <br />101 Pauahi Street, Suite 3 <br />Hilo, Hawaii 96720 <br />Re: Comment for Consideration at Hamakua Community Development <br />Steering Committee Meeting on 9/28/16, Business Agenda Item No.1(a)(ii)(1) <br />Dear Hamakua Community Development Plan Steering Committee Members: <br />We represent Steve Shropshire and Shropshire Group, LLC and write to provide input on behalf <br />of our clients regarding Business Agenda item no. I (a)(ii)(1). As you are aware, Shropshire <br />Group, LLC owns the two parcels in question, bearing TMK Nos. (2) 9-002:079 and (2) 9- <br />002:081. We understand that the Steering Committee is considering changing the <br />designation of our client's parcels from General Industrial (MG 5A) to Open, as defined by <br />Chapter 25 of the Hawai'i County Code, in the Steering Committee's final draft Community <br />Development Plan recommendation. The Open District designation of our client's parcels has <br />the potential to substantially limit the available permitted uses, notwithstanding the fact that the <br />parcels are within the State Urban Land Use District and the adjoining parcels are designated <br />Low Density Urban according to the LUPAG Maps. <br />We understand that some community members support the Open designation so that the parcels <br />may be preserved and potentially become a park. In furtherance of some community members' <br />agenda to preserve the parcels, the County Council passed Resolution No. 535 16 in June 2016, <br />authorizing the Director of Financial to enter into negotiations to acquire the parcels pursuant to <br />the Public Access, Open Space, and Natural Resources Preservation Fund. Candidly, it is my <br />client's position that there has been no meaningful discussion of the County's potential <br />acquisition of the parcels. In the meantime, he would like to pursue development consistent with <br />the current permitted uses, as would any other landowner. <br />While we can appreciate the sentiment behind preserving the parcels for open space and <br />public benefit, the proposed Open designation of our client's parcels under this guise would <br />require our clients alone to "bear public burdens which, in all fairness and justice, should <br />be borne by the public as a whole." Palazzolo v. Rhode Island, 533 U.S. 606, 618, 121 S.Ct. <br />2448, 2458, 150 L.Ed.2d 592 (2001) (quoting Armstrong v. United States, 364 U.S. 40, 49, 80 <br />S.Ct. 1563, 4 L.Ed.2d 1554 (1960)) (explaining the rationale behind the Takings Clause). <br />Topa Financial Center • Foil Street Tower - 745 Fort Street, Suite 800 - Honolulu, Hawai'i 98SCA:32gBS <br />ED <br />Phone: 808.599.9555 - Fax: 808.533.2467 • www.SMLhawaii.com MQ� <br />By: <br />