HomeMy WebLinkAboutCOM 0632.007 2000-2002 . Page 1 of 1 ,
Curtis fi ler ~ ~
Front: "Tom Langenstein" <konashiatsu@earthlink.net>
To: <ctyler@interpac.net>
Sent: Friday, February 22, 2002 1:13 PM
Attach: CPR.doc
Subject: CPR bill
Aloha Curtis,
The included attachment is a copy of my testimony to the Planning Dept. and Commission for the Feb.
25 hearing. I have sent a signed copy to Chris Yuen. If you need a signed copy too, please let me know.
I hope it helps. Malama Pono, Tom
Tom Langenstein
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Mr. Chris Yuen, Director February 22, 2002
Planning Department
Hawaii County
25 Aupuni St.
Hilo, Hawaii
Aloha Members of the Planning Dept., Chairperson and Planning Commission members:
Thank you for this opportunity to give testimony to the bill currently being considered in public
hearing on Feb. 25, 2002 to limit CPRs to be consistent with County Zoning and Subdivision
Codes. I write this letter in support of this bill. I am formerly an active founding member and
former chairperson of the Kona Community Action Group to Address Flooding, and currently
serve as an associate director of the Kona Soil & Water Conservation District Board.
The KCAGAF was formed in order to facilitate the interaction between the community and
various governmental agencies in identifying and mitigating flood conditions in the North and
South Kona Districts on the island of Hawaii. The KCAGAF served as the flooding task force of
the Local Working Group of the Soil and Conservation District Board. One of the problems in
attempting to mitigate drainage flooding in the Holualoa area identified by our group is that the
State and County planning and the CPR processes presently are not consistent.
Agricultural land is often utilized within a floodplain to spread out and return to the water table
the small rivulets of drainage water that often form in flash flood conditions. As agricultural land
gets developed into smaller lots, property owners often tend to concentrate and embank known
drainage pathways in order to minimize erosion and to keep as much of their property as usable
as possible. This can have an accumulating effect downstream as more and more water gets
channeled and less gets to return to spread out into the historical agricultural flood plain.
Landowners and developers utilizing the County codes to build "ohana", "guest housing",
"worker's quarters", or even agricultural buildings on agricultural land, and then applying for
condominium regimes to divide ownership of these dwellings on agricultural land have become
rampant in the Kona districts. This loophole from zoning densities and subdivision codes makes
infrastructure planning for communities impossible. Infrastructure for drainage flooding, roads,
recreational facilities, provision of water and others is consequently falling behind in the quest
for more growth in this formerly largely agricultural community.
Opponents of this bill confuse the issues seeking to be addressed in this bill by stating:
"Condominium is a concept concerned solely with ownership of property and not with use of
property". The point of this proposed legislation is that presently only through condominium
property regimes can adjunct uses such as "ohana", "guest quarters", "workers' housing" or even
"agricultural buildings" be conveyed individually. Allowing conveyance of the "use" gives
property owners and developers incentive to build more of these "land uses", divide them as
condominiums, and sell them as speculative ventures which defeat the zoning process.
Continued on Page 2
Page 2- CPR
Peb. 22, 2002
A common technique that has been employed by land speculators is to put up several agricultural
sheds, file for a CPR unit, wait a year, and then pull a building permit to improve on the existing
unit's structure. If a single property contains all of the uses mentioned above, it would sell for a
much higher price on the market. It is much harder to sell high priced properties that include all
of these uses fully developed. In splitting up these "uses" for sale individually, it drops the cost
of developing the property and shifts the cost for incumbent infrastructure to the surrounding
community.
When agricultural land is kept within a single ownership of an allowed agricultural "use", the
tools available to plan for flood drainage, and all the other infrastructure demands placed on the
community, is consistent with the needs of the community rather than individual speculators. I
would ask that you go one step further and demand applicants of permits for structures
mentioned above be required to pay an impact fee that should have been applied at the time of a
subdivision approval. Please make the CPR laws particularly with regard to Ag lands consistent
with County zoning and subdivision codes. Thank-you.
Sincerely,
Thomas Langenstein
Cc: Councilmember Nancy Pisicchio
Councilmember Curtis Tyler