HomeMy WebLinkAboutCOM 0493.128 2000-2002 P.O. Box 7140
Kamuela, Hawaii 96743
August 12, 2002
,y
Ms. Bobbie Jean Leithead-Todd
Chair, Planning Committee _ .
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: General Plan Revision
TMK: (3) 6-9-02;23 and 27
Puako Beach, South Kohala, Hawaii
Dear Councilwoman Leithead-Todd:
I purchased the Puako parcels identified above in 1999. Prior to acquiring these parcels, I
researched the various land use designations during my due diligence to determine the
allowable development options for the properties. I was informed that the parcels were
designated as "Urban" by the Land Use Commission, "Resort" by General Plan Hawaii
Coun ,and were zoned "Resort-Hotel" (V-1.25) by the County. I was given a list of
permitted uses by the Planning Department staff in Kona, specifically Section 25-5-92 of
the Zoning Code.
These properties were acquired with the understanding that I could develop them in
accordance with the above-mentioned designations. I was further informed that I would
need to obtain a Special Management Area (SMA) Use Permit to insure compliance with
State and County regulations related to coastal properties.
Since the land purchase, I have been actively involved in the development of these
parcels for use as aloes-impact vacation rental complex. The properties have been
professionally surveyed for archaeological resources, botanical resources, and
topography. I have received a Special Management Area Minor Use Permit No. 106 for
perimeter grading in preparation for security fencing and for vehicular access to the
property. I have received permits for the construction of a brackish well and have
contracted with a civil engineer and hydrologist to design and construct a desalination
plant and a private potable water system. In addition, I have retained an architect who is
currently preparing the site plan and building drawings necessary for my SMA Use
Permit submittal. I expect to file for my SMA Use Permit before the end of this calendar
year.
In recent discussions with my land-use planner, Gregory Mooers, I was informed that my
property is being proposed to have its General Plan Designation changed under the
proposed General Plan revision now being circulated by the Council. I had not been
previously apprised of this proposed change.
Comm. No.
File No. ;
lE~ef. To:
l~ei.I.iate` 2
I am very concerned that the proposed change to the General Plan could negatively
impact my ability to develop my property in accordance with the existing General Plan
and zoning designations. This concern has given rise to several questions:
1. Can I still formally submit my testimony regarding the proposed General Plan
changes, having missed the public hearings already held?
2. Is it standard procedure to request a change in General Plan designation without
advising the landowner(s), or requesting input from the landowner(s)?
3. Should a General Plan change become in conflict with the existing Zoning Code,
which would supersede the other? In other words, what will then be the permitted
use of my property?
4. I was led to believe that both the General Plan and Zoning Code are ordinances
and that they must be consistent with each other. If the General Plan designation
for my property is changed, will the County unilaterally change my property
zoning?
5. If my ability to use my property is diminished by any of these changes, will I then
be compensated, and on what basis?
I am a resident of the Big Island and a very committed member of the Puako community.
My wife and I own other Puako properties, and by invitation, I have humbly served on
the Puako Community Associations' Board of Directors for multiple terms.
In closing, I feel that I was thorough in my due diligence before acquiring these parcels,
and am now very concerned about my property rights in this situation. Please register my
objection to the proposed General Plan change, specifically those changes under
consideration for the above-mentioned Tax Map Keys. I would very much appreciate
your response to this letter, as well as to the specific questions I have posed above. I look
forward to your advice and suggestions as to how I should proceed at this time.
Sincerely,
Mark A. Fabyonic
cc: Christopher Yuen, Planning Director
Councilman Leningrad Elarionoff
Peter Kubota, Esq.
Gregory Mooers