09-03-2010, 03:44 PM
On those lots that are set aside for commercial development, has any attempt been made to locate commercial development on any of them? There are lots all over the Big Island that were zoned residential or agricultural (and even conservation) that have had zoning changed to accommodate commercial development. Not having the correct zoning in and of itself is not an indicator or government obstruction. But if attempts were made and rejected, that changes the dynamics of the issue.
The county probably had to approve the development plan for the subdivision. If those commercial areas were part of the original plan, the county would be hard pressed to prevent commercial development. They could get away with denying a zoning change or Use Permit for something totally out of character for the area, especially if the land was never intended for that use. But, if the plans were always to develop a lot as commercial and was part of the original plans, the County would have some heavy legal problems if they refused a compatible use on the sole basis of zoning. There are enough precedents set for rezoning that a savvy developer could get a favorable court ruling if it came down to that.
But, the county holds all the cards if nobody has ever tried.
The county probably had to approve the development plan for the subdivision. If those commercial areas were part of the original plan, the county would be hard pressed to prevent commercial development. They could get away with denying a zoning change or Use Permit for something totally out of character for the area, especially if the land was never intended for that use. But, if the plans were always to develop a lot as commercial and was part of the original plans, the County would have some heavy legal problems if they refused a compatible use on the sole basis of zoning. There are enough precedents set for rezoning that a savvy developer could get a favorable court ruling if it came down to that.
But, the county holds all the cards if nobody has ever tried.