Zoning request stalled by neighbors' protests

The Maui News
Thursday, July 12, 2007
By TRAVIS KAYA, Staff Writer

WAILUKU - Haiku residents up in arms about a proposed Kokomo subdivision petitioned the Maui Planning Commission Tuesday to prevent a zoning change that would allow landowner Ron Serle to create a 10-lot rural subdivision in the area.

According to Serle and his planning consultants, however, the land has been designated for rural use since 1983 in the Paia-Haiku Community Plan.

"We're not asking for a community plan amendment," said Chris Hart, a planning consultant hired by Serle. "We're sticking to our community plan, and I think that's important."

Citing poor communication between the developer and the community, the planning commission voted unanimously to defer its decision until the Aug. 14 meeting, recommending the Serle meet with the neighbors.

Serle applied for rural zoning for the lot between Kaupakalua and Kokomo roads, currently in the agricultural district - but designated rural in the community plan. The property borders agricultural lots.

Serle proposed to subdivide his six-acre tract into 10 half-acre lots under rural zoning, although the planning staff recommends reducing the number of lots.

The rural zoning will conform to the community plan and the subdivision will provide moderately priced housing for the middle-class "gap group," Serle said.

The commission was presented with more than 25 letters with all but one of the surrounding landowners calling for zoning to remain the same.

"I've never seen a group of people surround an application in opposition like this before," said Commissioner John Guard IV.

The opponents of Serle's plans said they were unaware of the community plan designation, which was established in 1983 and continued in the 1995 version of the plan.

But they said they did not think that the commission should follow a plan designation on which current residents did not have input. Changing zoning in the area, they said, would also take away important agricultural land for raising livestock.

"I've never gotten any notification that there was a zoning change in that property," said Edwin Ferreira, a longtime Kokomo landowner. "I would like to see it continue as agricultural two-acre lots."

Commissioners pointed out that although Ferreira presented the residents' petition to the board and spoke on their behalf, his 8-acre Kokomo property was not directly affected by Serle's lot.

But the commissioners could not reach a consensus on the rezoning request.

"It's difficult because they're moving with a plan that was approved by the County Council," said Commissioner Kent Hiranaga. "Why have a plan if you're not going to follow it?"

"It goes against my feelings of turning this into a housing development and taking away ag land," Commissioner William Iaconetti said.

Serle's consultants said they held three public meetings on the planning for the property over the past two years, but said they would be willing to discuss the plans with neighbors and seek an agreement.

Any action by the commission would be a recommendation to the County Council, which has final authority to approve or deny a zoning application.