Plans to fast-track changes to the county concurrency law to accommodate a Hilo judge’s rezoning have come to a screeching halt.
Plans to fast-track changes to the county concurrency law to accommodate a Hilo judge’s rezoning have come to a screeching halt.
A waiver of rules specifically for Hilo District Court Judge Harry Freitas and his wife, Sandra, to rezone their 50-acre Mountain View property from agriculture 20 acres to agriculture 5 acres still is pending. The County Council on Friday postponed a decision on the Freitas case at the request of their attorney, Ted Hong.
But the broad change to the county concurrency law inspired by the Freitas case won’t be moving forward. The council Planning Committee on Thursday voted 8-1 to kill the bill, with bill sponsor Hilo Councilman Dennis “Fresh” Onishi the only yes vote.
The Windward Planning Commission recommended against the rezoning.
The Freitas application doesn’t meet minimum water concurrency requirements and runs afoul of Puna Community Development Plan policies discouraging further subdivisions of agriculture land. It’s also against county General Plan policies requiring adequate water utilities and it has substandard road conditions, county planners said.
The council Planning Committee previously split 4-4 along east-west lines, with Kohala Councilwoman Margaret Wille absent, on the Freitas application.
Council members worried about undoing decades of planning and opening the county up to a return of unplanned developments that didn’t have roads, water or other infrastructure to handle their population. They pointed to the so-called “substandard” developments in Ocean View and Puna as lessons in bad planning.
“I cannot support something that will possibly bring us back to that sort of planning, especially when we’ve made so much headway into trying to develop a process that is fair for everyone,” said South Kona/Ka‘u Councilwoman Maile David. “I think this would be taking us back and undoing some very good planning.”
North Kona Councilwoman Karen Eoff agreed.
“I’m uncomfortable with this landowner-driven but countywide major policy change,” Eoff said.
Puna Councilman Danny Paleka said the county only had itself to blame for not providing an islandwide water system. He said exploratory wells were drilled in Puna years ago, but the Department of Water Supply never followed through.
“I think the county has to accept some of the responsibility, too,” Paleka said. “We created this monster.”
Onishi said the bill could be written to pertain only to water concurrency, and only to areas that have a specific level of annual rainfall, to allow landowners with catchment systems to increase density. That would allow more flexibility without weakening the entire concurrency bill, he said.
Hilo Councilman Aaron Chung said his “no” vote didn’t mean he was against allowing rezoning in some areas. He said he’s voting against the bill because he thinks it’s unnecessary. He did vote in favor of the Freitas request.
“I think we should go on a case-by-case basis,” Chung said. “The requirements with respect to traffic are clear. I just believe with regard to water, it is unclear, and I prefer to leave it unclear and leave the discretion with us.”
Hong urged the council to approve his client’s application first, saying the concurrency law is flawed and approving the rezoning would send a clear message that changes are needed. The council is the policymaking body, he said.
“You can approve the application,” Hong said. “What you’re saying, is you see the need to change the concurrency law. … Pass this. Use it as an impetus to spark a change.”
The concurrency law states a rezoning “shall not be granted” if water hookups or private water system equivalent aren’t met.
Email Nancy Cook Lauer at ncook-lauer@westhawaiitoday.com.