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Home My WebLink AboutCOM 0088.002 1998-2000 Can PERNIS, SMITH & VANCIO Mark Van P¢rliib. ATTORNEYS AT LA \V A LAW CORPORATION Phone (808) 329 -3551 David E. Smith 75 -167 F HUALALAI ROAD. SUITE B Fax (808) 329 -6185 Gary W. Vag /¢i[ P. O . BOX 1837 �, -��, -_ ne -mail William 1. Zimmerman KAILUA -KONA HAWAII 96740 I1 ��; vsvdk'oaa¢oast.aet '99 JEN 25 NI 2 95 January 22, 1999 OCUi.i 1' ., i ; /`'A,:`1i James Y. Arakaki 25 Aupuni Street Hilo, Hawaii 96720 Dear Council person, As an attorney, I am familiar with the old and new County zoning codes, and thoroughly familiar with Judge Ibarra's decisions properly declaring the present code to be in violation of the Sunshine law. This _ inevitable result was forecast when the revised new code (Bill 250, Ordinance 96 -160) was first passed, and predicted by some Council persons and others, and should be no surprise to you, Mr. Wurdeman or Mr. Yamashiro. My concern now is that the Council is being seriously misled, even taken for fools, by the administration into thinking a more severe and unpopular form of the code (draft 4) must be fast tracked and passed without revisions to "save face ", comply with Judge Ibarra's orders, and satisfy what the administration represents is some developers' point of view. This may only lead to more litigation again attacking the code. As a developer's attorney in Kona, I can assure you that developers are not at all greatly concerned about this matter, nor are lenders. To get it done right, and permanently, is more important than to get it done fast. I question the honesty of any representation that Judge Ibarra's proper rulings do not allow for a new and proper code, other than Draft 4. It would be simple for all developments approve or authorized under bill 250 to simply be reapproved under whatever the new Code is, i.e. grandfathered. This will take care of any voidability. As a resident of Kona, I am concerned that the Code be proper and reasonable, and not Mr. Yamashiro's Hilo administration's "developer's dream ". The Code, if done right, will last a long time. Unacceptable and unpopular provisions, like: 100 feet heights in agriculture areas at Hilo's discretion and 500 feet towers in residential and agricultural areas without a permit when views are so important in Kona (and generate much litigation); taking the shoreline setback out of public input; adding controversy to marina proposals, when nearly all those proposals are for Kona: decreasing Coen. Ne. _> • Jt FileNe. cc/z_ NC, Bet Poi COO/J C a ©' G i�� - C C- 9g 01 net Data r JAN 2 1 b � James Y. Arakaki O O January 22, 1999 Page Two EIS requirements when the environment is becoming more and more important; allowing urban and resort uses of agricultural land without infrastructure for small hotels when nearly all those proposals are for Kona and, most importantly. taking the public out of use permits by barring contested case hearings; need to be eliminated. These "Kona conditions" do not serve the electorate and don't serve Kona. They are clearly an attempt to serve a few developers who haven't been able to convince residents of the appropriateness of their proposals, and concentrate money and authority in the Mayor's office. Appropriate developments continue in a high volume, particularly in Kona. You should not be "rushed" into approving such bad options. Pass a good code and do it right, grandfathering in prior approved developments. Sincerely, VAN PERNIS, SM TH & VANCIL By MARK VAN PERNIS MVP /skc