HomeMy WebLinkAboutCOM 0664.030 2008-2010 07/29/2010 14:04 8089668522 WH SHIPMAN PAGE 01/04
PIPQ
r W.11 Shipman
UMW
?.010 JUL 2J Prl 2 117 July 28, 2010
J Yoshimoto, Chair Donald Ikeda, Chair
and Members of time Hawaii County Council and Members of the Committee on
Planning
HAWAII COUNTY COUNCIL HAWAII COUNTY COUNCIL
25 Aupuni Street 25 Aupuni Street
Hilo, Hawaii 96720 Hilo, Hawaii 96720
Re: LETTER OF SUPPORT - AMENDMENTS TO PUNA COMMUNITY
DEVELOPMENT PLAN ( "BILL 194 ")
Dear Chair Yoshimoto, Councilmembers, Chair Ikeda and Members of the Committee on
Planning:
I have reviewed. the proposed amendments to the Puna Community Development Plan
( "Puna CDP)" that are included in Bill 194 initiated by the County Council on December
18. 2009 and concur with th,e Planning Director's May 11, 2010 favorable
recommendation to amend the Puna CDP.
Frank Comamendador, Vice Chair of the Action Committee (AC) transmitted several.
concerns of the Action Committee in his letter to the Planning Director on April 16,
2010. Following are additional considerations in light of Mr. Commendador's letter:
1. Diminish the substance of action items. The AC is concerned. that if the actions
called for are changed from demands to recommendations somehow the PCDP
will be diminished. To the contrary, the change in wording rightly places on the
AC the responsibility to effectively convince the County Council and the
community of the continuing efficacy of the actions called for in the CDP. Were
this not the case, there would have been no need for Action Committees. Many
of the concepts called for in the PCDP (Le. Floating Zones) need to be finitely
defined and presented in a manner that can then be inserted into various County
Codes. This i,s the continuing work of the AC as envisioned by the e al ii ,y
legislation. Wording changes in Bill 194 recognize w d encourage sach work.
2. Deleting establishment of the Historical preservation commission. Difficult
economic times reinforce our need as a community to ensure that overlaps in
functions are minimized.. This is the context of the amendment to the CDP. The
County of Hawaii cannot provide a fix to all problems. These functions need to be
shared with. other organizations both governmental and non -gove •„ r .,.:al. The
amendment recognizes this.
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www.wiishipmai.com Ref. To:
Ref. Date_ AU 0 2 2010
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W.H. Shipm
umItect
3. Failure to protect the aquifer. The PCDP shows an appropriate concern for the
quality of potable water coming from the aquifer. However, it is not responsible
to suggest that one cornm.unity — the Hawaiian Community eligible to construct
Domes on DHHL lands — should bear the brunt of that concern and then with no
scientific evidence to support the proposed action. Ili fact discussions with
environmental scientists indicate that it is very unlikely that the ban called for in
the CDP would have a measurable impact on water quality and that the cost well
exceeds the benefit. In this context this is not a burden that should be passed. on
to a community that has waited for homelands literally for generations.
4. Remove references to Transfer Development Rights and Floating Zones, at least
until such zoning_tool,s become part of the County zorain.g code. Inclusion of
these items when they are not part of the County Code diminishes the
effectiveness of the document as a whole. Of particular interest, the Action
Committee omits reference to section 5.2.1 which states:
"The following approaches will be used for the zoning of village /town
centers ...All commercial, light industrial, residential and quasi public
uses within village centers shall be authorized under the "floating zone"
method. (Emphasis added).
Further statements leave a strong impression that some form of Transfer
Development Rights are to be used.
The amendments remove requirements and inferred requirements that tools that
do not now exist must be used. Leaving the non- existent tools in the CDP
weakens the document.
Note that this does not preclude the Action Committee (or any other community
group) from defining new zoning categories and tools (i.e floating zones, transfer
development rights) and convincing the Council. to enable them. In fact,
removing them here may act to encourage such groups to do the work of finitely
defining these and other tools for that purpose.
5. Change proposed agricultural zoning classifications. The Planning Director notes,
as did the initiator of the amendment (Planning Director Chris Yuen in 2008) that
the proposal in the Pura. CDP would be too restrictive on property owners. For
example, the owner of a 49 -acre property would be limited to creating one additional
lot and the owner of a parcel of less than five acres could not subdivide at ail. This
would make it impossible in many cases for subdivisions to allow conveyances to
family members, which :ray he the hope and expectation of many property owners.
16 -52? Keaa�:- thoa Road Keaau. Ill 96749
tc :. 308.966.9325 • fax! 805.966,8522
www.whshipman,com
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W. H. Ship"'
LIrnitect
The CDP also suggests that the County should purchase and then lease out farm
lands. Interestingly, this comment was made with no apparent discussions with
those major landowners who now perform this function. Such discussions would
have led to the conclusion that the flexibility required to create long lived
sustainable farm businesses simply cannot be done by governments — and that
there is really no need for government to become involved in this enterprise. The
amendments remove this concept —which would have proved detrimental to Puna
farm growth and susta'snabiiity.
6. Relocate the Kea'au and Pahoa Transfer Stations. While it may be possible to find.
locations that better suit a community for such services as Transfer Stations, the
PCDP provides neither compelling reason nor alternative locations for the current
sites. The document does not provide similar comments for other Transfer
Stations located throughout, Puna — several of which arguably are in locations that
are not as convenient to the constituencies that they serve. As such the comments
on these two stations are a non sequitur that should be taken out at least until the
AC or another community group provides compelling reason and clearly better
locations for these stations or other stations. (Disclosure: Shipman leases 20 acres
for the Keaau Transfer Station to the County at a cost of $1. /year. Similar
locations nearby are leased by Shipman for $400 /acre /month).
7. Pro posed amendments related prieriati3y to Tab le 5 -1. The amendments delete
sections of Table 5 -1 that will inhibit Smart Growth and indeed in many cases
growth in services altogether frore the District. The consultant's rejoinder to this
concern was that the Government and not the Developer should pay for the cost,
of infrastructure — something not done by governments for development in over
30 years. Building table 5 -1 on this premise and then holding communities
accountable to it will greatly reduce building of retail and other services needed in
Puna — resulting in Puna continuing to depend on. Hilo for commercial, restaurant
and service needs. Indeed the AC comment on this is in line with Puna
continuing to depend on Hilo (and even Kona) for substantial and important
retail needs and jobs created by location such services in Puna.
A 2010 marketing analysis cone ~ ::tied for our company concluded that today
Puna has less than 1/3 of the State average of commercial, service and restaurant
space per resident. The District is growing much. faster than Hilo (projected at
37% from 2005 through 2015 by the County vs. 5% for Hilo during that period).
Hilo is essentially built out — particularly in the southern end where Prince Kuh.io
Plaza and major shopping exists. Continuing dependence on Hilo to provide for
Puna in this context results a high xy unbalanced East Hawaii. Further it continues
the impoverishment of the Puna community starving it of needed jobs and value
shopping opportunities. For these who are under little economic strain to state
for the rest of the community that it is preferable to travel to Hilo (and Kona) for
job and commercial needs is dif'wult to understand.
The amendments, proposed in 2008 anti 3ushed off — not because of their content but
because of a rush to "pass it nee, amend it later" — need to be passed intact if Puna is to
grow in a controlled, responsible manner. These amendments will encourage responsible
growth in "villa.ges" e nvisio°ned throug ieut the district. They remove from the
government's ledger respon ib l ties be A eir left to others (i.e. buying and leasing out farm
land, providing loans for ho ;e i teiprov4 reent, providing free wireless internee) while
a.liowing a community destir,et in the n _ term to grow to 70,000 (CDH) or 80,000
6 -523 Keaau- P:loa Road Kcaau, HT 96749 - --
tei -:8 8,966.9325 • fax: 805.966.R522
www \;;; hshipman.com
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•
W.- Lihi
Li nSted
(HDOT) individuals to provide for itself while maintaining a rural and agricultural nature.
Restrictions and regulations in the current PCDP will have the unintended consequence of
keeping Puna an impoverished and corr.muer oriented annex to Hilo. This is neither
sustainable for Hilo nor for Puna_ Accordingly,' urge you to pass Bill 194 intact.
Sincerely,
•
Bill Walter
President
t 6 -52_i Keaau- Pa`;oa Road Ke u, 1-11 96749 —
el.: 808.966.9325 • fm: 808.966.8522
www..\ hshipman.com