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HomeMy WebLinkAboutCOM 0314.037 2020-2022 VIC,ou,ncl( ern �2 LAND"' COMH.�lN 194 Wiwoole St. Hilo, HI 96720 PLANNING t* (808) 333-3393 info@landplanninghawaii.com HAWAII LLC August 17, 2021 Maile David., Council Chair and Members of the County Council --- County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and.Council Members: _.j Subject: Testimony Relating to Bills 52 & 53 Applicant: Timothy Joseph Ward& Kay Lynn Ward TMK: (3) 7-3-005:015 In light of discussions during the two Planning Committee meetings on the Bills being considered we would like to respectfully request a fresh look at the proposed.change of zone and state land use boundary amendments. The proposed Bills would allow the creation of six new homes on the 4-acre subject property. The project has gone through several rounds of community input and the Applicants have been willing to adopt the suggestions of their neighbors and broader community to address any concerns. The proposed ordinances went through thorough review by the Planning Department and the Leeward Planning Commission and were forwarded.to the Council with favorable recommendations. In the Leeward Planning Commission (LPC) letter to the Council on June 15, 2021, the LPC states: Based on the preceding, the approval of'the State Land Use Boundary Amendment ftom the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawaii State Plan. Based on the precedingfindings, the request to rezone the property from an Agricultural 5-acre (A-5a) and Agricultural 1-acre (A-]a) zoning districts to a Single-Family Residential—22,000 square feet (RS-22) zoned district would result in an appropriate land use pattern that would,fiirther benefit the general public. i The LPC found that the proposed State Land Use Boundary Amendment and Change of Zone requests conformed to applicable goals,policies and standards of the General Plan and the Kona Community Development Plan. The County Charter directs the Council to enact ordinances with necessary provisions to carry out the general plan. (see below, emphasis added) Comm. Ref. To: Ref. Date AUG 1 8 2021 County Charter Section 3-15 General Plan The count,council shall adopt by ordinance a general plan which shall setforth the council's long range policy,for the comprehensive physical, economic, environmental, and socio-cultural wellbeing of' the county. (a) The general plan shall contain a statement of development objectives, standards and principles with respect to the most desirable use of land within the county fc)r residential, recreational, agricultural, commercial, industrial and other purposes which shall be consistent withrp oper conservation of natural resources and the presen ation of our natural beauty and historical sites: the most desirable density of population in the several parts of'the county; a system ofprincipal thoroughfares, highways, streets,public access to the shorelines, and other open spaces; the general locations, relocations and improvement ofpublic buildings, the general location and extent af'public utilities and terminals, whether publicly or privately owned,for water, sewers, light,power, transit, and other purposes; the extent and location of public housing projects; adequate drainage facilities and control; air pollution; and such other matter as may, in the council's judgement,promote the general welfare, health, and prosperity of'its people. (b) The council shall enact Toning, subdivision, and such other ordinances which shall contain the necessary provisions to carr)out the purpose of the eneral plan. (c)No public improvement or project, or subdivision or coning ordinance, shall he initiated or adopted unless the same conforms to and implements the general plan. (d)Amendments to the general plan may be initiated by the council or the planning director. It is the duty of the Deputy Planning Director(in this case) and the Planning Commissions to advise the council on planning and land use matters including proposed subdivision and zoning ordinances. While the authority to grant or deny these requests lies with the council, it should be based on a thorough review of these recommendations. Rejection of the recommendations of the Planning Department and Planning Commission should be based on compelling fact-based reasoning. Arbitrary and capricious judgements by the council against the findings of the bodies whose duty it is to advise the Council on these matters begs the question whether the process is fair and impartial. Section 14-4 of the Hawai'i County Code relates to fair and impartial treatment. County Charter Section 144(c) Code of Ethics Conduct of Emploryees Officers and employees of the County while discharging their duties and dealing with the public shall adhere to the following precepts: (c)All persons shall be treated in a courteous, fair, and impartial manner. With respect, the Council's decision on this matter should be based on the merits of the applications and the facts and findings pertaining thereto. While these Bills may not be perfect, they do conform to the goals outlined in the General Plan and the Kona Community Development Plan and would provide a net benefit to the community. Finally, I would like to offer one point of clarity. An inaccuracy that was presented in the last Planning Committee meeting when Council Member Kimball stated that the partial A-la zoning of the parcel would permit it to be subdivided into 3 lots. To clarify, the vast majority of this 4-acre parcel is zoned A-5a, the A-1 a zoned portion of the parcel consists of approximately 500 square feet of the overall parcel (see attached zoning map). Therefore, no subdivision of this parcel would be possible without first securing a change of zone. Thank you for your review and consideration of these Bills. With Aloha. Sincerely, JOHN PIPAN Planning Administrator i • • . -'* o-T., • • w, r RS-10 � . Ha,au 'arc -�r - RS-2r0 t , , ;r Kaiminani Dr ---- -- A-1 a 1f � I I A-5a _ ,Subject r Parcel '---- I � A-1a Co A-3a a