COM 0370.003 2002-2004 - Laserfiche WebLink

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~1V Oi y Harry Kim L ChristgphBr~T. Yuen MaYnr O<rector '~::•;;;,rr~' '03 DEC 2 PIS 12 3Q Roy R. Takemoto CC,~, LteTytf!~emr ~D1tLt~~T ~tt~l7tttt COUM u= HAlN,411 PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Pax(808)961-8742 December 2, 2003 Honorable James Y. Arakaki, Chairman and Members of the County Council County Council 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members of the County Council: SUBJECT: BILL 159 (Draft 2) PUNA SUGAR MILL, LLC, APPLICANT The Council will be considering this proposed rezoning at its December 3 meeting. I will not be able to attend that meeting. I am writing to restate concerns about two amendments that were made to this bill at first reading that changed it from the bill that passed the Planning Commission and Planning Committee of the Council: deleting the condition that the remainder of the property not be reclassified to urban for at least five years, and deleting the condition that no home improvement centers be allowed. 1. 15 acres: State law limits the county's reclassification ofland to the Urban district to 15 acres. Larger reclassifications must go to the Land Use Commission. We have to respect the law as it stands whether we agree with it philosophically or not. (My own opinion is that state law should be amended to make it easier for the counties to reclassify property to Urban that has been designated urban in the county general plan.) Although it is legal for an applicant to request that only 15 acres of a larger parcel be reclassified, and this avoid the LUC, we should maintain our credibility in trying to comply with the spirit of the law and avoid sequential reclassifications. The proposed condition that the remaining 8 acres of agricultural land not be reclassified for five years is a very modest attempt to show respect for the spirit of the state land use law. catt,t,,: Na: 10.3 Ref. Torf°fOMN ' Ref. Date