09-09-2010, 08:30 PM
KathyH,
Let’s back up here, several years back. I’ve been involved in development engineering for many years now and have planned several communities throughout Washington, Arizona (Just north of the Scottsdale area coincidently), and some involvement here in Hawaii. I’ve been through countless meetings with planning boards, etc. So, I do know a thing or two about how development occurs, what’s normal and how it affects a greater surrounding community fiscally.
Within my posts, there is nothing that indicates hating the development that’s occurring on the leeward side of the Island. If anything, I feel opposite of what you seem to think I feel. You’re simply not correctly identifying what I was expressing. Slow down and read this carefully.
If a developer encounters abnormal restrictions in local zoning rules, they have a few options. Pay offs, Courts (can take years) or altering the Zones rules through legislative act (takes years to get a crack uniformly applied zone set together, they evolve when meticulously and responsibly formed, King County Washington has some of the best I’ve encountered).
When developing a community, there’s no reason to zone a proposed residential area as hotel unless there’s a snafu in the local zoning rules that would otherwise restrict the features possible in the proposed homes. (A)We’re talking about pre-planned communities now, not existing communities attempting reform. In this respect (A), a proposed plan outlines the usage within the newly proposed community. In the other respect (B), attempting reform of an existing community induces many oddities with regard to zoning to that of what is actually occurring. The other respect (B) illustrates normal incongruity in zoning to that of actual use. (A) In a newly planned and developed community, incongruity in the zoning to the actual use is abnormal and the zoning should match the actual use. When pre-plan developing, we don’t apply Hotel zoning in a planned multi million dollar residential lot strip in hopes that one day a hotel will spring out of it. That’s what a county or city does when they want a section of existing real estate to spring up hotels and that’s why you see them on Alii drive and around other areas of our nation. Sometimes the land was already zoned that way and some private Joe buys it and builds a house... mass pre planning of this to occur is not normal.
So again, ask yourself why the abnormal application of the zoning was implemented in a preplanned community.
It was deep/infinity pools without obstructing surrounding safety fences that was cited… not just an “infinity pool”. Also, what you might see in an Ag zone with regard to a missing safety fence about a deep pool would be a reflection of a fence that was removed after the final sign off or a pool not deep enough to require a safety fence or perhaps a pool installed before the safety requirement was added to the zone and code.
As per the CC&R’s in the cited development; I know all about them, but that wasn’t what my answer was addressing; it was addressing what was possible to do on a Hotel zoned lot. It wasn’t about what can be done in the zone under the included CC&R’s. I would appreciate that when you use my replies you keep them in the nature of their context.
As per - (Why isn’t the county doing anything about it?)… That meant; why doesn’t the county get with the program and revamp its outdated incongruent zoning regulations so inappropriate zoning applications aren’t necessary?
So let’s go through this scenario now, very slowly. When creating a planned subdivision/community, the zoning/sub zoning should reflect the intended use of that particular parcel within the tract. IF the intended use of the parcel is inappropriately zoned it creates intended special privilege.
When a municipality re-zones residential to commercial or “what have you from what have you” in existing pre-developed areas in hopes to steer development in a given direction and some-one buys that commercial lot for personal use, it’s his/her nickel and the special privilege was not intended. But regardless, all S.F. homes should reflect the same privileges regardless of zoning unless the lot does not reasonably allow for such use. Creating intended special privileges through municipal zoning is not congruent with our Constitution or the courts acceptance of zoning regulations.
Edit to add,
Kathy I hope you get that Ohana... truly I do.
So… if the county had already placed acceptable uses in the residential zones our leeward preplanned new communities would not have needed special zoning applied to the residential usage areas and no special privileges would have existed. The County needs to get hip with the times and stop trying to choke the rights of the property owner because they want to stop some fiction based rush for everyone to make their house into a damn apartment complex. If you want a kitchen in a pool cabana or an attached Ohana or two, well then, it should be allowed and this choking legislation needs to stop. This is one of the reasons people get pissed at government, they aren’t our parents and need to stop acting like parents. We are, for the most part, hard working people and want to enjoy our homes and family without some power hungry legislature telling us what we can and cant have in our damn houses.
In general...
I’ve spent over 30 years of my life in this business busting my butt physically in the first half of those 30 years and now doing it again on my own home, again. I’ve watched this industry go from a fairly clean industry to a fire breathing dragon from hell. From basic acceptable structural and fire safety codes to a Darwinism protection regulations, to a newly risen industry that is given carte blanche to ram every new fangled device down our throat through a damn unrestrained set of growing codes while raising the price of housing through the damn roof.
All the while during this, a growing rally of pencil pushers who sat back writing loans on over inflated house prices and destroyed our damn economy through additional greed tacked on the damned stinking overbuilt wall. I now despise this industry and all the jagg-offs who drove it into the ground. It nauseates me to even think of swinging a hammer for profit now. Especially in this damn state where contractors are given special privileges of guaranteed work through homeowners who would rather do the damn work themselves and who are more than capable of doing so, just more dirty crap atop the already dirty crap pile found in this industry.
Let’s not even get into the dirty application of Zoning because of crack smoking legislatures ignoring unbalanced over restrictive zoning codes. Here’s a public invitation for you responsible for destroying this industry; you may as well come take a dump in my morning Wheaties while your at it.
That’s it in a nutshell.
Aloha and goodnight y'all.
E ho'a'o no i pau kuhihewa.
Let’s back up here, several years back. I’ve been involved in development engineering for many years now and have planned several communities throughout Washington, Arizona (Just north of the Scottsdale area coincidently), and some involvement here in Hawaii. I’ve been through countless meetings with planning boards, etc. So, I do know a thing or two about how development occurs, what’s normal and how it affects a greater surrounding community fiscally.
Within my posts, there is nothing that indicates hating the development that’s occurring on the leeward side of the Island. If anything, I feel opposite of what you seem to think I feel. You’re simply not correctly identifying what I was expressing. Slow down and read this carefully.
If a developer encounters abnormal restrictions in local zoning rules, they have a few options. Pay offs, Courts (can take years) or altering the Zones rules through legislative act (takes years to get a crack uniformly applied zone set together, they evolve when meticulously and responsibly formed, King County Washington has some of the best I’ve encountered).
When developing a community, there’s no reason to zone a proposed residential area as hotel unless there’s a snafu in the local zoning rules that would otherwise restrict the features possible in the proposed homes. (A)We’re talking about pre-planned communities now, not existing communities attempting reform. In this respect (A), a proposed plan outlines the usage within the newly proposed community. In the other respect (B), attempting reform of an existing community induces many oddities with regard to zoning to that of what is actually occurring. The other respect (B) illustrates normal incongruity in zoning to that of actual use. (A) In a newly planned and developed community, incongruity in the zoning to the actual use is abnormal and the zoning should match the actual use. When pre-plan developing, we don’t apply Hotel zoning in a planned multi million dollar residential lot strip in hopes that one day a hotel will spring out of it. That’s what a county or city does when they want a section of existing real estate to spring up hotels and that’s why you see them on Alii drive and around other areas of our nation. Sometimes the land was already zoned that way and some private Joe buys it and builds a house... mass pre planning of this to occur is not normal.
So again, ask yourself why the abnormal application of the zoning was implemented in a preplanned community.
It was deep/infinity pools without obstructing surrounding safety fences that was cited… not just an “infinity pool”. Also, what you might see in an Ag zone with regard to a missing safety fence about a deep pool would be a reflection of a fence that was removed after the final sign off or a pool not deep enough to require a safety fence or perhaps a pool installed before the safety requirement was added to the zone and code.
As per the CC&R’s in the cited development; I know all about them, but that wasn’t what my answer was addressing; it was addressing what was possible to do on a Hotel zoned lot. It wasn’t about what can be done in the zone under the included CC&R’s. I would appreciate that when you use my replies you keep them in the nature of their context.
As per - (Why isn’t the county doing anything about it?)… That meant; why doesn’t the county get with the program and revamp its outdated incongruent zoning regulations so inappropriate zoning applications aren’t necessary?
So let’s go through this scenario now, very slowly. When creating a planned subdivision/community, the zoning/sub zoning should reflect the intended use of that particular parcel within the tract. IF the intended use of the parcel is inappropriately zoned it creates intended special privilege.
When a municipality re-zones residential to commercial or “what have you from what have you” in existing pre-developed areas in hopes to steer development in a given direction and some-one buys that commercial lot for personal use, it’s his/her nickel and the special privilege was not intended. But regardless, all S.F. homes should reflect the same privileges regardless of zoning unless the lot does not reasonably allow for such use. Creating intended special privileges through municipal zoning is not congruent with our Constitution or the courts acceptance of zoning regulations.
Edit to add,
Kathy I hope you get that Ohana... truly I do.
So… if the county had already placed acceptable uses in the residential zones our leeward preplanned new communities would not have needed special zoning applied to the residential usage areas and no special privileges would have existed. The County needs to get hip with the times and stop trying to choke the rights of the property owner because they want to stop some fiction based rush for everyone to make their house into a damn apartment complex. If you want a kitchen in a pool cabana or an attached Ohana or two, well then, it should be allowed and this choking legislation needs to stop. This is one of the reasons people get pissed at government, they aren’t our parents and need to stop acting like parents. We are, for the most part, hard working people and want to enjoy our homes and family without some power hungry legislature telling us what we can and cant have in our damn houses.
In general...
I’ve spent over 30 years of my life in this business busting my butt physically in the first half of those 30 years and now doing it again on my own home, again. I’ve watched this industry go from a fairly clean industry to a fire breathing dragon from hell. From basic acceptable structural and fire safety codes to a Darwinism protection regulations, to a newly risen industry that is given carte blanche to ram every new fangled device down our throat through a damn unrestrained set of growing codes while raising the price of housing through the damn roof.
All the while during this, a growing rally of pencil pushers who sat back writing loans on over inflated house prices and destroyed our damn economy through additional greed tacked on the damned stinking overbuilt wall. I now despise this industry and all the jagg-offs who drove it into the ground. It nauseates me to even think of swinging a hammer for profit now. Especially in this damn state where contractors are given special privileges of guaranteed work through homeowners who would rather do the damn work themselves and who are more than capable of doing so, just more dirty crap atop the already dirty crap pile found in this industry.
Let’s not even get into the dirty application of Zoning because of crack smoking legislatures ignoring unbalanced over restrictive zoning codes. Here’s a public invitation for you responsible for destroying this industry; you may as well come take a dump in my morning Wheaties while your at it.
That’s it in a nutshell.
Aloha and goodnight y'all.
E ho'a'o no i pau kuhihewa.