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HomeMy WebLinkAboutCOM 0372.024 2024-2026till > 4 CaV.�)72 From: Claudia Rohr Sent: Wednesday, July 9, 2025 11:59 PM To: Council Testimony Cc: Inaba, Holeka; Kierkiewicz, Ashley; Villegas, Rebecca; Kagiwada, Jennifer; Onishi, Dennis; Galimba, Michelle M.; Kanealii-Kleinfelder, Matt; Hustace, James F� n Subject: July 9, 2025 Special Meeting, Policy Committee on Planning, Bill 66, Conr ffl. 37@n Comm.372.01 Attachments: Attachment-2 LUPAG map for Hilo 2005.pdf, Attachment-1 Ordinance 0.5_25 —C repealing Ord 92-122.pdf; Attachment-3 General Plan July 2024 Land UkVMa9q'< Hilo.pdf, Attachment-4 COM 0372.000 2024-2026 amendment 2a Waia�p =r" r— Houslots.pdf ce :* o, --- Re: Policy Committee on Planning and Economic Development, Testimony on Bill 66, Comm. 372, and Comm. 372.01. Dear Council Chair Dr. Holeka Inaba, Committee Chair Ashley Kierkiewicz, and Council Members - My name is Claudia Rohr and I am a 27-year resident of the Big Island. I have studied marine ecology at University of the Pacific's marine station on Tamales Bay in California. I was elected to served on the Board of PASH in 2005 and I am still an active member of PASH. I am a member of the Sierra Club. My focus includes the quality of the marine waters, life in the sediment, and the reefs that the propagation of fish depend on; habitat for our native birds, as well as public access to the shoreline. On March 14, 2025 1 sent Director Darrow comments on the DEA-AFONSI for Talon 1 Properties Self - Storage Warehouse (proposal) in an email informing him that Ordinance No. 05-25 (2005 General Plan), repealed Ordinance No. 89-142 (the 1989 General Plan), and also repealed Ordinance No. 91- 72, (a general plan amendment that had momentarily changed the Land Use Pattern Allocation Guide (LUPAG) map designation from Medium -Density Urban to Industrial) for TMK 3-2-2-033-011, nearby Wailoa pond. As I later discovered, TMK 3-2-2-033-011 is the subject Property in the Director's February 18, 2025 Recommended Amendments to the General Plan July 2045, part South Hilo, 2.a. Waiakea houselots. See Comm. 372, and Attachment-4. In support of my allegations, see the first page of Ordinance No. 05-25, Attachment-1, repealing the 91- 72 GP Amendment. See, the 2005 LUPAG Map, Attachment-2, showing medium density urban LUPAG. See, draft General Plan Land Use Map 2045, Attachment-3, showing that medium density urban land use is consistent with the surrounding area. See the Director's February 18, 2025 recommended amendment, South Hilo, 2.a. Waiakea Houselots, Attachment-4, creating spot zoning based on misinformation that a 91-72 general plan amendment still existed and somehow this part of the neighborhood is consistent with high -density urban land use despite being the gateway into Wailoa River Recreational Area and connection with the Bayfront Trait system. Comm. Coo Ref. To:�K,�—_ Ref. Date,! 'ra In the 2005 General Plan, Planning Director Chris Yuen eliminated the industrial spot zoning in the Hilo area, and concentrated industrial development in the industrial area near the airport, the one across from Prince Kuhio Shopping Center, and in the Shipman Industrial park, consistent with the South Hilo Community Development Plan. In March, 2025 1 also sent Director Darrow a letter requesting that he file the appropriate documents to repeat Rezone Ordinance 1992-122, as required by its terms. Rezone Ordinance 1992-122, changing the district classification of TMK 3-2-2-033-011 from RESORT -HOTEL, SAFETY (V-5-.75) TO LIMITED INDUSTRIAL (ML-20), has long expired. The time to apply for a time extension to Rezone Ordinance 1992- 122, Section 2, (C) plan approval started on October 24, 1995, one-year after October 24, 1994: Effective date of final approval for Consolidation 831-Revised, which consolidated TMKs 2-2-033: 011, 012, 019, and 020 into one lot identified by the current TMK: (3) 2-2-033: 011. Rezone Ordinance 1992-122, section 2(N) mandates: "[s]hould any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. The Director did not even reply. The current owner, Talon 1, bought the Suisan/Piilani Partners' vacant parcel for $1,000,000 on speculation. Now, just years later, Talon 1 has listed the vacant parcel for sale at more than three times the investment, for $3,250,000. See, MLS 708062, Hawaii information listing: https://www.alohaliving.com/search/details/?subdivision=WAIAKEA°/o20HOUSE%20LOTS %201 ST%20SERIES&island=3&District=32&linkmisnum=708062 Director Darrow's decision to include the South Hilo 2.a. Waiakea Houselots amendment in General Plan June 2025, Draft 2, "to correct errors", misrepresenting there is a 91-72 GP amendment in support of Industrial zoning (that is doomed to be repealed), as well as situating Industrial and high density urban land use on both sides of the entry to Wailoa River Recreational area, is preferential treatment benefiting the current land owner in his real estate dealings; and biased and unfair treatment of me and like-minded recreationa Lists and nature lovers, and my attempts to protect the scenic and recreational resources of the adjacent Wailoa River State Recreation Area and its wildlife from the adverse effects of industrial and high density urban development. Please as the Director to change back the land use designation from that represented in South Hilo 2.a. Waiakea Houselots, Attachment-4, by amendment of Draft 2 of the General Plan 2024. Sincerely, Claudia Rohr 808-640-5976 I S Kuaw� SI � 1�1 (Yv�J �=1 1 fi ��� N�FCIaIiCnS St 1. ;,I, e � a(4i n � �ow.�ml pfi✓�• � MA, i. xHual,aN �- . 4�� Googie��so COUNTY OF HAWAII STATE OF HAWAII BILL NO. 163 (Draft 6) ORDINANCE NO. 05 ,{ S AN ORDINANCE ADOPTING THE COUNTY OF HAWAII GENERAL PLAN AND REPEALING ORDINANCE NO. 89142, AS AMENDED. BE IT ORDINANED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to adopt a General Plan in compliance with Section 3-15, Hawaii County Charter and to repeal the 1989 General Plan adopted by Ordinance No. 89 142, as amended. SECTION 2. The attached document identified as Appendix A, which also includes the Land Use Pattern Allocation Guide Maps and the Facilities Maps, is hereby adopted as the Hawaii County General Plan. SECTION 3. Ordinance No. 89 142 (1989 General Plan) and subsequent amending Ordinance Nos, 88-118, 90-71, 9148, 91-72, 92-115, 93-110, 93-1 l 1, and 97-64 are hereby repealed. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. Hilo, Hawaii Date on Introduction Date of V Reading: Date of 2"d Reading: Effective Date: January 21, January 21, February 2, February 9, COUNCIL CO 2005 2005 2005 2005 INTRODUCED BY: P12k, COUN OFJiAVJAII COUNTY OY HAWAII 42.82 Fc�� fC:"�v�.E: Corr — e 't G j X i } IFS' At v RM U. 4 .r I `I 1 �t 4 ro co 1 � fV� r. an ar ' Ba nt maha Ave 9t Kam t e Q Nl.0— River St to a�rk W s# D s � Y oa Piga � y i Kekuanao '56 1a t;. oS Gi `s G i tT� 4Y\ O 0 0 cn cn cn cn Q QQ ^L ^ 0 W W W 333 m vv0 0 0 ° r = 0 Q- Clc c c m �0 �+ o O 07 0 CD n 0 � o � 3 T. m cn � m m r* m v n z 0 N O DD (O N CO N 0 0 C 0 Q D cn O 0 O c' (DD r+ J r N O D. O Oti1 T O 'a O CD Q. n mm-_1 O CD 3 R aa awlgz t N � O C rCD O Claudia Rohr 369 Nene St. Hilo, HI 96720 (808) 640-5976 crohr4@email.com July 6, 2025 RE: July 9, 2025, Special Meeting on the Policy Committee on Planning, Land Use, and Economic Development. Testimony Opposed to Communications 326.002 and 326.003. Aloha, Chair Dr. Holeka Inaba and Council Members - Communication 326.002 conflicts with Communication 326 which sets a July 15, 2025 date for the first meeting in the Special Meeting Schedule to Review the Final Recommended Draft of the General Plan 2045. Communication 326.003 accepts public testimony on July 9th with only a 6-day notice, and does not accept testimony on July 29, 2025 after the Planning Department provides their presentation, and before council deliberations. This communication, along with Communication 326.002 appears to employ trickery to avoid the public appearing to give testimony on the Collaborative Biocultural Stewardship section of the draft general plan during this stage of the comprehensive review, set out in General Plan section 16.1(10). Communication 326.003 is also inconsistent with Communication 326 which sets a July 15, 2025 date for the first meeting in the Special Meeting Schedule to Review the Final Recommended Draft of the General Plan 2045. The council members should propose a motion to reject the plans in Communications 326.002 and 326.003 for lack of clear Notice and due process de the public, and continue the July 9 meeting to July 15, 2025 and/or vote on a revised schedule and properly advertise its Special Meetings on the Comprehensive Review of the General Plan. Sincerely, �,k, R).,- 1 Claudia Rohr 369 Nene St. Hilo, HI 96720 (808) 640-5976 crohr4@amail.com July 6, 2025 RE: July 9, 2025, Special Meeting on the Policy Committee on Planning, Land Use, and Economic Development. Testimony Opposed to Communication 327.001 From Jeff Darrow, Planning Director, dated June 23, 2025, transmitting proposed amendments to Bill 66. Aloha, Chair Dr. Holeka Inaba and Council Members - Communication 327.001 contains "Final Recommended Draft July 2024, DRAFT 2" ("DRAFT 2"), incorporating both non -substantive and substantive amendments to "Final Recommended Draft July 2024" forwarded to the council in Communication 372.00. For example, DRAFT 2 includes substantive amendments to the Final Recommended Draft General Plan 2045 Land Use Map, changing the land use designations of thousands of parcels. These amendments were proposed during the Planning Commissions' General Plan review by "Director Darrow Recommended Amendments to Final Recommended Draft General Plan 2045", dated February 18, 2025. See the Director's substantive amendments changing the land use designations of thousands of parcels, included in Communication 372.00, pages 32-90. General Plan, §16.1 COMPREHENSIVE REVIEW prohibits the council's consideration of certain amendments at this stage, including land use map amendments that change a land use designation of a parcel, as part of the ongoing comprehensive review. Land use map amendments shall be processed as a new interim amendment pursuant to § 16.2, as a matter of law, as follows: 1 §16.1 COMPREHENSIVE REVIEW (10)The County Council shall review the amendments submitted and the separate recommendations of the Windward and Leeward Planning Commissions and adopt an amended General Plan. The County Council may make modifications, deletions, or additions to the proposed amendments as it may deem necessary, within the general intent and subject matter of the proposed amendments, in accordance with its rules of procedure. However, any County Council chance to a proposed amendment which substantially chances the ueneral intent or subject matter of the proposed amendment such as newly adding or deleting' a coal, policy, or course of action or standard or a map amendment which changes a land use designation of a parcel shall be considered an entirely new proposed amendment. Such, a new amendment proposed at this starve shall not be processed as part of the onkoi.ng comprehensive review, but shall, be processed as a new interim amendment pursuant to Section 16.2. DRAFT 2 should be totally disregarded. The council must follow the law and only make modifications, deletions, or additions within the general intent and subject matter of the "Final Recommended Draft July 2024" as it may deem necessary, and which do not substantially change the general intent or subject matter, or newly add or delete a goal, policy, or course of action, or standard, or a map amendment which changes a land use designation of a parcel. If the former Planning Director's "Final Recommended Draft July 2024" is so deficient as to require thousands of amendments, the council should not waste everyone's time. The council should propose a motion to reject the plan and its failed process and start over. Public testimony has overwhelmingly opposed not only the process, but the content of the "Final Recommended Draft July 2024." Sincerely, 2