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. de SidneyFuke, Planning consultant AMM P.O. Box 1345 • Hilo, Hawai'i 96720 AV Cell: (808) 989-0640 E-mail: sidneyfuke@gmail.com October 4, 2024 Honorable Holeka Goro Inaba, Ed.D, Chair Legislative Approvals and Acquisitions Committee ("LAAC") I Iawai' i County Council 25 Aupuni Street, Suite 1402 Hilo, HI 96720 Dear Chair Inaba: • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports Subject: Bill No. 207 (Proposed State Land Use Boundary Amendment — Agricultural to Rural) and Bill No. 208 (Proposed Rezoning — A- 40a to RA-.Sa) APPLICANT: Kelvin P. Jarneski TMK: 6-4-017: 001 At the LAAC meeting of October 1, 2024, members of the Committee raised questions relating to the potential density and infrastructural impacts associated with the passage of Bill No. 123 (Draft 5) relating to Accessory Dwelling Unit ("ADU"). Further, inasmuch as the applicant was also not present at the meeting, your Committee voted to postpone the meeting to its meeting of November 7, 2024, with the understanding that both the applicant and I could be present then. However, I was mistaken as to my availability, and I apologize. After checking my calendar, I learned and subsequently informed you that I will be out of state then and requested that the meeting be further postponed to your meeting of November 19. You noted that a separate postponement action would need to be taken at the November 7 meeting. If the applicant's requests are approved, the 1.9+ acre area will eventually be subdivided into three (3) lots. Section 25-6-36 Density Limit of Bill No. 123 (Draft 5) would allow a maximum of three (3) ADUs plus the basic residence on a lot of record. Hence, upon completion of the 3-lot subdivision, the original 1.9+ acre site could now mathematically have as many as twelve (12) dwellings. That is certainly not the intent of the applicant. All he wants is the ability to convey a parcel or lot to each of his three (3) children. However, if possible, given the cost of housing, he would also like to give his children the option to construct at least one additional dwelling on their lot. Given the site's State Land Use Rural designation and the applicant's intent, neither the first nor additional dwelling would be used for short term vacation rental. Pursuant to Section 25-6-32(3) Prohibited Areas, an ADU can be prohibited if "specifically prohibited by a change of zone." Accordingly, the applicant requests that this section be exercised, except for the construction of one (1) ADU. Alternatively, if in the wisdom of the Council that having even one ADU on the subject site is not desired, the applicant will reluctantly accept its total prohibition.