HomeMy WebLinkAboutCOM 0388.005 2022-2024P / Goun,cil
Oill 61
comm. 3$8
From: Donald Rudny
Sent: Thursday, September 14, 2023 4:13 PM
To: Kierkiewicz, Ashley; Evans, Cynthia F.W.; Galimba, Michelle M.; KagiwadXSennifer,--;
Kanealii-Kleinfelder, Matt; Inaba, Holeka; Lee Loy, Sue; Kimball, Heathers ille s.'
Rebecca; Council Testimony
Cc: Kern, Zendo; CorpCounsel
Subject: Bill 61 (Comment)
Aloha Honorable Council Members,
I did have an opportunity to watch the last Council Meeting on Bill 61. 1 have the following comments. If the Council
believes that there is sufficient justification for rezoning from Ag-20a to Ag-5a, then that zoning should stay in place in
perpetuity. I'm not seeing any detriment to the community if the owner doesn't finalize a subdivision. This was my
point in prior testimony. Approval of this rezoning should be based on a compelling reason to do so. Fitting the
adjacent character of the surrounding community may be a legitimate one. Subdividing it for selling lots to the owner's
family is not. By requiring the property to be rezoned back to Ag-20a if the subdivision isn't finalize in a certain time
period, means that you want to see the subdivision completed, and somehow it is a benefit to the community. I don't
see that as a good basis in this case, and I don't see any added benefit to the surrounding community. Saying that it
would promote more intense ag is very questionable. My opinion is that it will not. It can, in fact, be argued that this is
special legislation for a particular property owner and his family, and is only beneficial to them. Spot zoning in a
sense. The fact that it is still ag does not preclude it from being spot zoning. The zoning change is still upzoning and is
clearly only beneficial to this one owner.
did a search on spot zoning and found this definition from Cornell Law School.:
Spot zoning refers to when a piece of property or groups of property have special zoning laws applied
to them that differ from the zoning laws surrounding them. The practice of spot zoning can be very
controversial and may be illegal.
I'm not certain of the Hawaii County laws regarding spot zoning, but in general it is a bad practice. I know several
Council Members stated that they will support this zoning change. I respectfully ask them to state on the record their
reasons for doing so.
Mahalo for your time and consideration.
Don
Don Rudny
P.O. Box 106
Pepeekeo, HI 96783-0106
312-209-5870
Comm: No
Ref. To: 11
Ref. Date EP 2 0 2023