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Home My WebLink AboutCOM 0088.072 1998-2000 03/11 SUN 18:07 FAX 808 3232325- Larry Brenda Ford i fbr 0 0 �" March 14, 1999 ` � -2J Ir; 14 James Arakaki, Council Chairperson _, 44 Al Smith, Vice Chairperson t� ltianraitt Aaron S. Y. Chung, Councilmember „,,.,1 l] Leningrad Elarionoff, Councilmember Clm �.1�t^"� Julie Jacobsen, Councilmember Bobby Jean Leithead -Todd, Councilmember Nancy Pisicchio, Councilmember Curtis Tyler, Councilmember Dominic Yagong, Councilmember Council members. The current potentially "voidable" Zoning Code (Draft 4 or 8) is filled with loopholes favoring developers, ambiguous purpose statements, and discrepancies in content. The Zoning Code, unfortunately, is pitifully inadequate to protect Hawaii County residents or to even provide adequate guideline that can be fairly and equally applied. As written, the Zoning Code can be ntp lied haphazardly, This document needs to be voided. Just one example, Division 5, Agricultural Projc!, Districts (APD), will illustrate the danger of passing this code (Bill 250). [Pleasenc.to the emphasis is mine.] Draft 4 (Ramseyer) page 163 Pr-, 8 (page 150) Section 25 -6 -52 Section 25 -6 -52 Minimum land area required- The Minimum land area required. The minimum and area required for an minimum land area required for an agricultural project district shall be two agricultural project district shall be five acres. [2 acres] __ [5 acres] Section 25 -5 -53 Sk.c :tion 25 -5 -53 Permitted uses: overall density Any e.r,nitted uses: overall density. Any uses permitted either directly or permitted either directly or conditionally in the A or IA districts shall c.i ic,itionally in the A or IA districts shall be permitted in an agricultural project V pc.rnitted in an agricultural project district, and the overall density permitted (F-.`not, and the overall density permitted in an agricultural project district shall not it =tn agricultural project district shall not be greater than one acre per Wiling be Treater than orte acre per building s se - attit?. As you can see, Draft 4 is far more detrimental tiv i Draft 8 as it allows the APD to be defined as 2 acres instead of 5 acres. Howevc` ilia far more dangerous problem is that once an area is changed to APD, it can be :3::r• *;tided into one acre building lots Comm. No. 88. 072 File Na. H CC /2N 6 Ref. Tot Co V gjc.It- ��B .� ----�— — . 3 -17 - 9 `I_ 03 14/99 SUN 16:07 FAX 808 9202329 LnrrY ;< Brenda Ford X0)3 ./ 0 by just submitting an application to the Planning Director for approval. The current code allows all Agricultural and Intensive Asc ricuiit' i land to be subdivided into one acre parcels. Most County residents believe shat the agricultural industry is necessary to our Island's physical and financial health. The APD has no requirements for specific infrastructure or dedicable roads. It has left the provision of such items to the "flexible and creative planning" [Section 25-6-50) of the developers. Perhaps each Councilmember should consider whether or not there are existing developments in our County veil i;eui water, without electricity, without water mains and hydrants for fire as :y and without adequate roads. Do we need more of these developments? Certain'\ not! As written, the Zoning Code for all types of Project Districts can be applied in: 7 : t9bly. If the current code is passed and APD's are allowed, agricultural land is lost :b:sver to the "flexible and creative" developers. Developer's profit margin is impacir •' i)y how much infrastructure they provide. If Hawaii County does not require developers to provide adequate infrastructure, then the "flexible and creative" de "3lopers will build projects with the view only toward their profit margin. Since the current Planning Committee has riot been able to write an adequate Zoning code or even amend the current Zoning code to protect Hawaii County residents, I request that: 1) the County Council allow the current poi.crt i =1iy "voidable" Zoning code to legally lapse on September 1, 1999. 2) a volunteer committee of Hawai'i County resilenls be established with 2 representatives from each district (exclude deve.opers and realtors from these representative positions). This committee would e part of the Planning Committee, attend and vote at each Planning Committee rneeiing, and have equal voting rights to other existing committee members. The term of duty would be until a new Zoning Code is passed by the County Council. Their assignment would be to assist with the revision of the Zoning Code so it can be equally and fairy, i+pplied to all, provide adequate protection and enforcement capabilities, include adequate infrastructure requirements, and consider the best interests of the all the County's residents not just a few developers. Brenda J. Ford 81 -6195 Napo'opo'o Rd. Captain Cook, H196704 Telephone: 323 -2323 email: labford @aloha. net 00 0311 '99 SUN 16:07 FAX 808 3232323 Larru 44 Brenda Ford 0 0 FAX COVW 119AGE HECII ID '99 FRB 15 API 7 56 DATE: j, Pt- qg CL ERK COWL' OF WWII TO: //Li. CZVJA)C./.4- miren116:tz",5 FROM: Brenda Ford C/i NUMBER: 323-2323 (For retransmission call: 323 SUBJECT: Zothsq NUMBER OF PAGES INCLUDING C0\117, PAGE: COMMENTS: Please deliver to all peF: - 0;c, Nsted including cc's.