HomeMy WebLinkAboutCOM 0067.011 2006-2008
January 3, 2007
County of Hawaii Council Members
Dominic Yagong-District 1
Donald Ikeda-District 2
J. Yoshimoto-District 3
Stacy Higa-Districet 4
Emily I. Naeole-District 5
Robert Jacobson-District 6
Brenda Ford-District 7
Angel Pilago-District 8
Pete Hoffmann, Council Chairman-District 9
Re: Testimony OPPOSING amends to Chapter 25, Article I, Subsection 25-1-5(b),
Zoning Code. OPPOSING amends to definition of "Family".
We aze adamantly opposed to the proposal by Planning Director, Chris Yuen to change
the definition of family for zoning as proposed in Bi11345.
We aze testifying as voting residents and taxpayers of Hawaii County and resident
owners of our newly constructed home in the Keaau Ag Lots. In 2003 we submitted our
construction plans for review by the management association and reviewed and complied
with the CC&Rs and signed copies of our Keaau Ag Lot Association Rules and Convents
at our property closing. We were alarmed when we were alerted that a nonprofit drug
treatment corporation had bought an property with existing ohana home zoning with two
dwelling with plans to house 8 clients and 2 cazetakers in each house-a total of 16 clients
and 4 cazetakers (20+) without regazd to our CC&Rs which strictly prohibits a business
(nonprofit or profit) in our residentiaUagricultural community and the violates zoning
code of not more than five unrelated family members in one household. The Nonprofit
President openly denied that they were awaze of our association restrictions at a special
meeting for their type of facility citing that their realtor had not made them aware, but
indeed, their legal representative signed the documents at closing including our Ag Lot
Association Rules-WE DID! Immediately the nonprofit treatment facility filed for a
variance and posted only a few obscure open house notices in the community only a day
or two before the their open house which was in the midst of the Holiday season when
our residents are busy family activities and/or off island for the Holidays. We were
shocked to return and learn these details at our annual association meeting. At our
meeting we heazd disturbing testimony from the president of a Hamakua coast
homeowners association that this same nonprofit corporation had quietly secured
variance For a faculty in their zoned residential/ag community and had started operation
without the homeowners association being aware of their facility. Disturbing testimony
included not only noise, safety of homeowner (young and old), increased uncontrolled
traffic, police sirens, EMS visits unrestrained clients escaping by foot thru the community
overloading an already overstressed infrastructure of emergency medical and police
force. If we allow the change in zoning IT WILL AFFECT THE ENTIRE BIG ISLAND
and all residential communities with families young and old working hazd to provide
family security and safety from Hilo to Kona and everywhere in between. These
Comm. No.
Ref. To:
Ref. Date JAN 4 2aQ7
facilities need to be placed where they have been zoned already! It will open a floodgate
and no legal recourse for homeowners in residential communities to protect the integrity
of their neighborhood and their CC&Rs as taxpaying, voting residents of the County of
Hawaii.
County Zoning needs to based on what is best for all residents in our County and not to
satisfy the requirements for "nonprofit" agencies to receive grant monies to run treatment
centers, halfway houses or transition placement for special need groups.
Keep residential caning for families. Do not amend the zoning "Definition of Family" as
it exists already. Nonprofits agencies need to locate and operate their nonprofit business
in azeas already zoned accordingly.
Respectfully Submitted by Registered Voters,
Bob Wagner
Gloria Wagner
Christy Wagner