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+--- Thread: CDPs thrownout (/showthread.php?tid=10839)
CDPs thrownout - Seeb - 10-12-2012
By its decision dated Aug. 10, 2012, the County Board of Appeals ruled the Planning Director did not have to comply with the requirements of the Community Development Plan law because, the board concluded, the plan law is illegal and not enforceable.
http://www.hawaii247.com/2012/10/12/%EF%BF%BC%EF%BF%BCresidents-sue-county-to-enforce-kona-planning-law/
RE: CDPs thrownout - Rob Tucker - 10-13-2012
A quote from the article:
The Misselers said, “The further along we got into our case and hearings the more shocked and saddened we were to realize what seemed to be ‘business as usual’ at the planning department with their reluctance to follow the laws put into place to protect our environment. Safeguarding our watershed bene#64257;ts everyone.”
Thank you Seeb for bringing this to my attention. The saga of Bobbie Jean Leithead-Todd as a servant of big business continues.
To get rid of her we need to get rid of Billy Kenoi. Two too many lawyers in county government.
RE: CDPs thrownout - kalakoa - 10-13-2012
How ironic; I've always felt that CDPs were a way to placate the people by giving them a "process" where they could "be involved" while the big-money landowners make the real plans... and here we are.
The various information available online doesn't really give an overall "status", does anyone know how many of the zone changes implied by the PCDP have actually taken place? Assuming they're not stricken by the overall validity problem, these might well be the only "development" we get for the next decade (or longer, depending on the economy).
RE: CDPs thrownout - punaticbychoice - 10-13-2012
Kalakoa @ 14:42:49-
Indeed, I agree with you, that was the purpose Re: the CDP's.
I do not believe we are anything but a "banana republic".
All my observations and experiences here indicate to me
that the "powers that be" here essentially do whatever they want,
for a variety of reasons and conditions.
The local elites here care little for the regular local people.
They will sell everyone out to make a buck (or a yuan or a yen or a won or any currency) in cooperation with mainland North America or Asia or wherever.[V]
RE: CDPs thrownout - Seeb - 10-16-2012
Apparently the news story was not accurate.
Looking for copy of ruling
RE: CDPs thrownout - Rene Siracusa - 10-16-2012
Mark Hinshaw, chair of the Pahoa Plan Steering Committee, went right to the source and showed me an email this morning from Bobby Jean. The people in Kona seem to think that just because something is in the CDP and the CDP passed as an ordinance, then that item has concurrently been passed as an ordinance. Not so. All the Appeals Commission ruling states is that anything in the CDP still has to go through the process of being enacted. The fact that it is in the CDP will give it an edge in that direction.
So, for example, if the CDP suggests that certain lands be rezoned, the change of zone process must still take place - this includes the change of zone application to Planning, the Planning Commission hearing(s) and then the recommendation goes up to full council.
RE: CDPs thrownout - kalakoa - 10-17-2012
I'm somehow not surprised to see Hinshaw's name in this context.
The fact that CDPs are only a "suggestion" explains a great deal. That said, there are existing properties with the "right" zoning where development still doesn't happen; this is probably the "economy inaction".
RE: CDPs thrownout - cindyjohn - 12-26-2012
How ironic
RE: CDPs thrownout - jerry - 01-06-2013
As I remember the County Council also watered down the Puna CDP in a a way that basically made it advisory. They did this by changing "shall" and "will" to words like "may" and "will consider."
Jerry
Art and Orchids B&B
http://www.artandorchids.com
RE: CDPs thrownout - pahoated - 01-10-2013
Yesterday's first council meeting of 2013 had this resolution as the first item on the agenda:
Res. 313-12 Delays Council Action On Upzoning in the Pahoa Village Regional Town Center Planning Area Until Phase I of the Pahoa Regional Town Center Plan is Adopted by Ordinance, or Until June 30, 2012, Whichever Shall Occur First
So, it delays the upzoning of the retail area being proposed to at most June 30 and is trying to get the Pahoa Regional Town Center Plan adopted as an ordinance before that date. Now, it appears it is up to Puna to initiate that ordinance origination.
"It was a majority decision to descend into the Dark Ages. Don't worry, be happy, bang on da drum all day!"