People class divisions through zoning.

[Bob Orts]

I do understand what your saying. Hawaii County zoning is typical of many zonings. They have limited use in many types but an almost open door use in others. Traditionally it started out as residential for residential, agricultural for agricultural, commercial for commercial, industrial for industrial and resorts for resorts. But over time, there was a need to commingle use types to meet changes in community development.

Resort zoning was this catchall for large scale development where multiple uses from various zoning types converged. When resorts started selling ownership shares in units, that required zoning adjustments to accommodate this new practice, otherwise you couldn't legally have CondoTels. Just like non agricultural uses such as pure single family residential, was allowed on AG zoned land. If that was not the case, all AG zoned land would be required to be used for AG purposes and single family homes would be illegal.

But, as you said, "any use outside the designation of the zoning shouldn’t be permissible unless pre existing to the zone designation". Well, single family residential is a by-right permitted use of "V" zoning. Although "V" zoning has the name resort, it was intended as a mixed use zoning.

I think we take the name attached to the zoning as the sole intention of the zoning. But that is not the reality. Go to Honolulu and you have an apartment building with stores on the first floor. Is that residential or commercial? Although it is defined under residential, that particular residential zoning also allows for commercial. Although Hawaii County zoning is "Resort", that's not an indicator of the sole and only use of that property.

NYC on the other hand attempted to define zoning to cover all bases and they have upwards of 10 dozen zone types, Hawaii County has 16.

An easier way to deal with this is ignore the labels residential, commercial agricultural, etc attached to the zone type and go by the permitted use. That would mean resorts should be looked at not as resorts or hotels, but a mixed use to include resorts and hotels, commercial and residential, recreation and entertainment. After all many single family dwellings are not on residential zoned property but all three commercial zoning, shouldn't we be complaining about that as well?

I can tell you this, if people want changes to “V: zoning to match the resort label, you wouldn’t imagine the hurt it would cause those very same people if the same standard was applied to agricultural, residential and commercial zoning. People need to be very careful when shooting arrows because the target may be on their own backs.

[Bob Orts]

Rob, is it really fair to say there is no commerical zoning just because the land bears a AG type zoning when the subdivision approvals for some of the subdivisions do have commercial designated lots? Example, HPP has several large lots approved for commerical development. Although they have AG zoning, upon application of the owner, they will be rezoned commercial. The fact that the owners never requested rezoning is the only reason they have not changed., but they are available for commercial development.

[Rob Tucker]

Excuse me Bob.... where did I say there was no commercial zoning?

But to address the heart of your question:

I think it is fair in a general sense. Hilo and Puna have, as a current guesstimate, approximately similar populations. Hilo has 2,000 acres of commercial zoning. Puna has less than fifty. On that basis I have made the statement in the past that prior to the Puna Community Development Plan (PCDP) the plan for Puna consisted of three words: "Drive To Hilo".

More specifically the twenty acre parcels you refer to are in HPP. HPP is the largest subdivision and is amongst the best organized. It was subdivided by the Wattamuls (Oahu) who acquired the land from Shipman. The Wattamuls may have had more foresight than the others but the fact remains that the zoning is not there - the land is.

Puna has lightly been served by capricious spot zoning and special use permits (SUPs). SUPs are subject to many random constraints of both use and time. The habit of spot zoning and SUPs plays unfortunately to a community plan and plays fortunately to those who have friends at council or hire former council members to run their paper. It is not planning and it is not handled evenhandedly.

So HPP is in a more fortunate position having blocks of AG zoned land available for commercial zones. It is within the parameters of the PCDP to make sense of those blocks of land, with the concurrence of the residents, and offer local business opportunities.

The current battle over amending the PCDP is focused on just a few issues - perhaps four. One of those is the call for "floating zones". Floating Zones are opposed by Shipman Ltd and CoH. Floating Zones, once located (perhaps on one or more of those 20 acre parcels) would speed and instruct investment much more fluidly and fairly than spot zoning or SUPs. Floating zones would reduce the favoritism and disparity in treatment of applications. Some like things just as they are.

I don't know if this is a full answer but I am tired, it's been a long day and it is time to go to bed.

Aloha

[Rob Tucker]

It is unfortunate that our Puna residents have been forced by lack of planning to find creative definitions of what can be done on AG land. SPACE and Kalani are perhaps good examples of this. Some local folks have invested - at serious risk - in the needs of their communities despite the lack of zoning opportunities.

The CoH turned a blind eye for a long time as long as taxes were coming in and no one complained. Well, the inevitable happened and the population grew and some complainers moved in. The result is that the CoH is playing a bad game of catch up with the community and unfortunately the CoH ultimately has the power. The CoH's weak spot is the PCDP which is intended to grant the communities say in their own development... and the PCDP is currently facing a concerted attempt to weaken it.

There are a lot of good thoughtful comments you have made on more topics than I can count Bob. A few of them though lack appreciation of the local situation - how it all came to be the way it is. This is still the American Frontier in some ways. Wyoming sorted out these details generations ago. Puna is still working on it. Go West Young Man.

[maud gonne]

Rob, I must have not been paying attention, I didn't realize that so-called ag land was taxed at a higher rate. We are in the"farm-ranch lots" and it's lava,for god's sake. About an inch of soil if any. Is there a way to "protest" to the taxing agency for a different designation/different rate?

[Rob Tucker]

Maud,

As I go to bed I offer this: Pay attention to this election of council members. Find your candidate. Help him/her. In the medium run we need a council that will make sensible changes to the zoning in Puna's subdivisions. My suggestion would be for there to be an incentive granted to covert an AG1 lot to an R1 lot or somesuch. The incentive might be a lower tax rate combined with the right to build an Ohana Dwelling Unit (ODU). The actual AG operations (greenhouse/ whatever) could grandfather in and perhaps be encouraged to form more cohesive AG zones within a subdivision such as HPP. I wouldn't mind if an AG1 lot was restricted from raising fighting roosters in a broader sense. Perhaps a new zone designation is needed for Puna - AR1.

Aloha and good night all.

[Kapohocat]

Wao Kane, as unbelievable as this is, [] I agree with you. []

This has been an opinion I have had since I started working with the SMA Assessments years ago, and also listened to the gate vs no-gate issue here in Kapoho, and water issues.

For the SMA's, the paperwork seems almost insurmountable, or so it seemed like, and also my first exposure was to one a attorney had done for a client. If it costs you $18K to get one done, what regular people (1) can ever live near the water? So I figured them out with a friend who was doing one for their property. And it irritated me that manythe only people who could build houses near the water were building mc mansions. I also find it interesting that IMHO experience, the haves try to push the havenots down in regards to zoning.

The other issue is places like Kua Bay. The zoning for those homes is under the V resort zoning so they got to eliminate camping at Kua Bay and the gate locks at 7 PM. We lack campgrounds but I guess the big houses did not want to look at a campground.

In these difficult economic times, children are moving back in with parents, and bringing their children, the great grandparents are only in their 80's now living with their children, and housing is becoming multi-generational homes. The days of 2 yuppies living together alone are old school. And our zoning needs to change to reflect this. Right now, we are personally experiencing this - my mom wants to live with us. But to make that work emotionally, she needs to have her own little kitchenette so she can make coffee, and a few things, and not have to depend on us if she decides to get up at 4 AM, and read and have coffee. Cant do it.

The other issue that feeds this is the big developers have enough money to run all the water lines, put in a well, etc to service their development and eliminate any catchment. Yet some of these same rules apply to small subdivision(2) or ohana requests. In California, they all set up "catchment" like devices to water their gardens etc. In most of the midwest, cisterns (catchments) are legal and used regularly out in the farm land. My thing is water here is free. Why hasn't any one protested this issue? Same with a formal protest on the electrical and plumbing requirement.

Rob, I havent heard one candidate who has addressed any of the items other than to mention the buzz word PCDP. But no specifics.

Time is getting closer people. We need to press these candidates harder to see who they really are, or about.


Now back to regular programming.


Footnotes:
(1) By regular people, I mean people who make under $60-80K, and have to have two wage earners to make it.

(2) as example one lot into two lots so can build two houses.

[Rob Tucker]

Hi Cat.

I have talked with Fred and James and Barbara on the zoning issues. I know that James and Barbara understand the situation. Fred seems to listen and appreciate my proposals but as you say we haven't heard zoning raised publicly as an issue. It may be a bit too esoteric for the voting population's general consumption. Most people don't relate zoning to lack of jobs and business opportunities and frankly, most people are too busy just trying to get by day to day to delve too deeply into the arcane details of local government. Sooooo the elections too often become popularity pageants or in Puna's case sometimes a comedy revue.

[Kapohocat]

yup.

Zoning changes to favor ohanas for families = construction jobs = reduced fixed expenses for entire family (rent, mortgage) = more disposable income for family to dispurse = more money into local ecomonmy = increased infrastructure = construction jobs = more money for construction families = more disposable income to disburse = more money into economy, and on and on.

I know before y'all get started that this is a simplistic version and there are issues at every step. But like it or not, families are moving into together, and our zoning needs to reflect this trend.


"An AARP analysis of census data shows that Hawaii had the highest share of multigenerational households, followed by California and Mississippi, due partly to a scarcity of affordable housing. North Dakota was least likely to have several generations living together.

Excerpt from: US Sees more Multi-generational housing 3/18/2010
http://www.msnbc.msn.com/id/35921787/

[Rob Tucker]

Yeah Cat, You catch my drift. More jobs, better ability to meet a mortgage, more housing options for young and old. Allowing ODUs in Puna has a lot of positive benefits - and it doesn't cost the county a nickel to make life easier for residents.

Will they do it? Likely not without a fight.

And R zoned lot in Hilo must be 10,000 sf for an Ohana. An acre lot in Puna doesn't have the same opportunity.

I'd like to hear B.J. Leithead-Todd's objections. I would expect her to trump up reasons why it can't be done.