HomeMy WebLinkAboutCOM 0388.004 2022-2024P /coun cl
bill 61
Comm. M8
From: Donald Rudny
Sent: Tuesday, September OS, 2023 7:14 AM
To: Kimball, Heather; Villegas, Rebecca; Inaba, Holeka; Kierkiewicz, Ashley; Lee Loy, Sue;
Kagiwada, Jennifer; Galimba, Michelle M.; Kanealii-Kleinfelder, Matt; Evans, Cynthia
F.W.; Council Testimony
Cc: Kern, Zendo
Subject: Bill 61 (Amendment to Opposition Testimony)
Aloha Honorable Council Members,
Since my prior testimony of September 2nd, I have visited the subject property and reviewed the Planning Department and
WPC documentation regarding the rezoning recommended approval. The documents were kindly provided to me by Council
Member Kimball. The location of the property is located in an unusual situation bordering industrial, conservation and
residentially zoned parcels. The planning director had stated that the rezoning met the Hamakua CDP. I respectfully disagree
with that conclusion. Rezoning from Ag-20a to Ag-5a will not meet the conditions established by the State's Important
Agricultural Lands definition as I stated in my prior testimony. However, the unusual situation of this particular property
warrants consideration for a deviation from the CDP.
I served on my former Village's planning commission for sixteen years, eight years as its chairman. We had what was called a
comprehensive plan similar to the CDP. There were times when we recognized that some requests for rezoning did not meet
the comp plan. We typically considered compelling reasons for doing so and allowed some as an exception. Each petition was
evaluated on a case by case basis as I'm sure they are by the Hawaii County PD. I don't believe rezoning from Ag-20a to Ag-5a
on the basis that it still remains Ag is a compelling reason on its own. However, together with the unique character of the area
and the varied zoning surrounding it, the rationale to approve the rezoning request has merit.
My request is that if the Council is inclined to approved this request and they agree with my assessment that the property has
exceptional characteristics, that some record of this basis be made either in the bill itself or in the meeting minutes. Doing so
would help to limit future Ag-20a upzoning in truly IAL areas along the Hamakua Coast.
Mahalo for your time and consideration.
W
Don
Don Rudny
Ln
P.O. Box 106
Pepeekeo, HI 96783-0106
312-209-5870 ; 7
C-
Comm. N ' " • 4
Ref. To:
Ref. Date SEP - 5 2023
From: Donald Rudny
Sent: Friday, September 01, 2023 10:59 AM
To: Kimball, Heather; Villegas, Rebecca; Inaba, Holeka; Kierkiewicz, Ashley; Lee Loy, Sue;
Kagiwada, Jennifer; Galimba, Michelle M.; Kanealii-Kleinfelder, Matt; Evans, Cynthia
F.W.; Council Testimony
Cc: Kern, Zendo
Subject: Bill 61 (Opposed)
Aloha Honorable Council Members,
I am strongly opposed to Bill 61 and urge the Council to reject this proposal to rezone land from Ag 20a to Ag 5a. As
shown in the attached map from the Hamakua CDP, the subject property is designated "Important Agricultural
Land". The designation has significant meaning in that the State of Hawaii recognizes the importance of maintaining our
agricultural lands as a means of food sustainability. A detailed explanation of the State's intentions on this subject is
given in the attached link from HDOA. A key excerpt states the following:
Policies that HDOA will use to certify land as IAL (Priorities in bold)
(1) Promote the retention of IAL in blocks of contiguous, intact, and functional land units large
enough to allow flexibility in agricultural production and management;
(2) Discourage the fragmentation of IAL and the conversion of these lands to nonagricultural uses;
(3) Direct nonagricultural uses and activities from IAL to other areas and ensure that uses on IAL
are actually agricultural uses;
Important Ag Lands (IAL)
I have lived on the Hamakua Coast now for over 13 years. During that time, the Hamakua Development Plan was
created. The County did an admirable job in collecting input from many citizens and planning experts. I was involved to
some degree in advising Val Poindexter, who was a strong advocate for its creation and eventual adoption by the
County. There was a strong consensus for ensuring and maintaining the agricultural and open space character of the
Hamakua Coast. I live in an area designated as Ag 20a, but have a legal non -conforming lot of five acres due to a
developer lawsuit against the County in the late 90's. I can assure you that five acres is not conducive for legitimate
agricultural purposes. The five acre lots in our subdivision are used mainly for estate residential purposes. If we want to
promote real agriculture and strive for food sustainability, five acre subdivisions are not going to do it.
Allowing this rezoning will set a precedent for any Ag 20a zoned property to be rezoned to Ag 5a. This violates the intent
of both the Hamakua CDP and the State's IAL position. What's to prevent any Ag 20a property from being rezoned to Ag
5a if this is approved? Doing so will likely trigger numerous requests for higher density rezoning resulting in the
proliferation of estate residential properties. Over time the added residential will increasingly burden our already
stretched public services and infrastructure.
The Hamakua CDP is the blueprint for future development and was created from many hours of work by individuals in
our community. Please don't disregard it. I urge you to vote no on Bill 61.
Mahalo for your time and consideration.
Don
Don Rudny
P.O. Box 106
Pepeekeo, HI 96783-0106
312-209-5870
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Quick Links:
Layers:
Parcel Numbers
Address Numbers
Roads
BaseMap
Aerials (Esri)
Aerials (low scale)
2018 Aerials (NAIP)
Results:
Parcel ID - 390010240000
® Alt ld - 390010240000
Owner - SCHMITZ,DENNIS W
SCHMITZ.DENNIS W
Acres - 19.329
Pacific Ocean