HomeMy WebLinkAboutCOM 0998.018 2006-2008~-s
Harry' Kim
Mayor
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PLANNING DEPARTMENT
I01 Pauahi Street. Suite 3 • Hilo. Hawati 96720-0224
(808)961-8288 • FAX (808) 961-8742
Christopher J. Yuen
Dimctor
Brad Kurokawa, ASLA
LEED®AP
Deputy Dircetor
September 23, 2008 0
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Honorable Pete Hoffinann - ,r_
Chair and Presiding Officer - ~
and Members of the County Council
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333 Kilauea Avenue, Second Floor ~~ , ~ rv
Hilo, HI 96720 - ca
Dear Chair Hoffmann and Members of the County Council:
SUBJECT: BILL 237 -DRAFT 2, KOHALA LLC
attorney for the property owners.
The Council has the question of what zoning to apply to this property. Much of the
discussion has concerned the legal bounds of zoning authority when it restricts what the
property owner wants, or would reduce it below what the owner previously enjoyed.
Sometimes, landowners raise "takings", or other legal objections. I've written and
advised the Council several times when these are unfounded, because it is important for
the Council to understand both the extent and limits of its powers, and not be intimidated
from taking necessary actions in the public interest. For example, my March 5, 2008
letter, defending the proposed RA-Sa zoning, was a rebuttal to assertions made by the
At the same time, part of the planning director's job in advising the council is to
recommend caution when land use decisions may create legal risk. While my personal
assessment is that the RA-15a zoning proposed by Bill 237, draft 2 does not transgress
legal bounds, it is not free from doubt, and I am much more comfortable with the RA-Sa
zoning. I must caution that my March 5, 2008 letter did not deal with al] legal issues
raised by the proposed RA-15a zoning, and advise that the Council listen to the
recommendations of Corporation Counsel.
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Hawaii County is an Equal Opportunity Provider and Employer.
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Honorable Pete Hoffmann
Chair and Presiding Officer
and Members of the County Council
COUNTY COUNCIL
Page 2
September 23, 2008
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If there were environmental or other public interest values that could be protected only
with the RA-15a zoning rather than the RA-Sa zoning, it would justify a more aggressive
posture. In this case, even with the RA-Sa zoning, the project will need an SMA permit
from the Planning Commission, in which environmental and ecological issues can be
further addressed.
Therefore, I continue to recommend that the Council amend Bill 237 to provide for RA-
Sazoning, rather than RA-15a as in Draf12.
Sincerely,
CHRISTOPHER J.
Planning Director
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Wpwin60/Chris 08 - HOFFM ANN -DILL 237 -DRAFT 2, KOHALA 11.C
cc: Mayor Harry Kim
Steven Lim, Esq.
Corporation Counsel