HomeMy WebLinkAboutCOM 0088.019 1998-2000October 14,1996
From: Robert Jacobson and Julie Hedgecock- Jacobson
PO Box 900 _.
Kurtistown, HI, 96760
Phone 1- 808 - 96608831
To: Hawaii County Council Members
25 Aupunt Street
Hilo, HI, 96720
Honorable Councilmembers,
Thank you for taking the time to consider our testimony today. This
document will begin with general concerns about the Zoning Code Revision
dated February 2, 1996, and proceed to specific questions, concerns,
suggestions, and criticisms related to this revision. Our oral testimony will
be necessarily limited by time constraints, so we have opted to include this
letter as an adjunct to our oral presentation.
We feel that the scope of changes proposed in this revision are so
substantive, that adequate time must be given landowners, taxpayers and
residents to comprehend the wide range of effects this revision will surely
precipitate. This revision was only released within the past few weeks, and
passage without public hearings gives the appearance of shady dealing and a
lack of respect for one's constituents. Many questions need to be answered
by the individuals who prepared these revisions for us to comprehend it all.
We would doubt that even you respected members of the council have had
an adequate opportunity to digest all the changes encompassed by this
revision. The outline provided doesn't help understand the full scope of each
change. There are several sections so detailed that we doubt few council
members here today could adequately outline their full meanings. What
follows is a less general list of some concerns. We would appreciate a
chance to submit detailed questions to either the author of this document or
meet with someone else capable of addressing these concerns.
1) Residents occupying their own land should not be governed by the same
rules and fines which are applied to multinational corporations or well
financed developers. There is a legal tradition of affording owner occupied
land certain rights and privileges not afforded to corporations. A Comm. No. S ?,/7
File No. H C r— /L N G
Ref. To: Or -0 uNCI L-
Ref. Date FEB 1 1999
0. r %
multinational may well scoff at a $500 fine (for example the filling of
anachaline ponds at Anaeho'omalu Beach, permitted and otherwise). A
resident occupying their own land may be crippled by a fine of this amount.
Charging a nonrefundable fee on appeals and other expectations may be
painless to a firm with its own legal department and staff, but it will have a
chilling effect on responsible citizens trying to exercise their democratic
rights.
2) Definitions of certain activities are not up to date and if this revision is
worth making at all, let's get it right so it doesn't need another revision in a
year or two. For example, check the definition for hospital on page 17
<(22)> where would urgent care facilities, or outpatient nursing activities of
midwifery offices fit?
3) Certain definition of terms are lacking. At times, specific procedures are
deleted and very subjective judgements called for by the planning director or
commission are substituted in their place.
4) Notification of owners affected by proposed projects are limited to those
within 300 feet. We think 1,000 feet is more realistic. Notification time
frames are too short. Many owners who may have business or family
obligations off island. 10 days by registered mail or 3 consecutive weeks
posting in the newspapers is inadequate to allow for the democratic process
to work.
5) Imposing a 15 day window for the director to accept or deny acceptance
of an application is an invitation for a number of developers to bury the
planning office with applications (let's say 30 applications a day for 15
days). This would lead to automatic approvals for many projects. In this day
of downsizing of government can we impose rules like this? Would this
lead to developers hiring staff to "help" planners come to decisions?
In conclusion, we implore you to call for public hearings on this revision of
the zoning code before voting on it. We will communicate more specific
questions on each provision to the council as soon as we can in hope that
some of our questions can be fully answered.
Sincerely,
Bob Jacobson and Julie Hedgecock- Jacobson