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SULLIVAN I MEHEULA I LEE A LIMITED LIABILITY LAW PARTNERSHIP •71116 SEP 28 p r y 27 L September 28,2016 VIA:Upload through Hamakua CDP Feedback Form at http://www.hawaiicountycdp.info County of Hawaii Planning Department Hamakua Community Development Plan Steering Committee Aupuni Center 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Re: Comment for Consideration at Himakua Community Development Steering Committee Meeting on 9/28/16,Business Agenda Item No. 1(a)(ii)(1) Dear Hamakua Community Development Plan Steering Committee Members: We represent Steve Shropshire and Shropshire Group,LLC and write to provide input on behalf of our clients regarding Business Agenda item no. 1(a)(ii)(1). As you are aware, Shropshire Group,LLC owns the two parcels in question,bearing TMK Nos. (2)9-002:079 and(2)9- 002:081. We understand that the Steering Committee is considering changing the designation of our client's parcels from General Industrial (MG 5A) to Open,as defined by Chapter 25 of the Hawaii County Code, in the Steering Committee's final draft Community Development Plan recommendation. The Open District designation of our client's parcels has the potential to substantially limit the available permitted uses, notwithstanding the fact that the parcels are within the State Urban Land Use District and the adjoining parcels are designated Low Density Urban according to the LUPAG Maps. We understand that some community members support the Open designation so that the parcels may be preserved and potentially become a park. In furtherance of some community members' agenda to preserve the parcels,the County Council passed Resolution No. 535 16 in June 2016, authorizing the Director of Financial to enter into negotiations to acquire the parcels pursuant to the Public Access, Open Space, and Natural Resources Preservation Fund. Candidly,it is my client's position that there has been no meaningful discussion of the County's potential acquisition of the parcels. In the meantime,he would like to pursue development consistent with the current permitted uses,as would any other landowner. While we can appreciate the sentiment behind preserving the parcels for open space and public benefit,the proposed Open designation of our client's parcels under this guise would require our clients alone to"bear public burdens which,in all fairness and justice,should be borne by the public as a whole." Palazzolo v. Rhode Island, 533 U.S. 606, 618, 121 S.Ct. 2448,2458, 150 L.Ed.2d 592(2001) (quoting Armstrong v. United States,364 U.S.40, 49, 80 S.Ct. 1563, 4 L.Ed.2d 1554(1960)) (explaining the rationale behind the Takings Clause). Topa Financial Center• Fort Street Tower•745 Fort Street,Suite 800 • Honolulu,Hawai'i 96813 Phone:808.599.9555 • Fax:808.533.2467 • www.SMLhawaii.com