I understand the frustration, I guess. Although, I wouldn't buy non-commercially zoned land and expect to be able to change the zoning.
Special Use permits are, I'm sure you know, not limited to Puna, Hawai'i Island, or this state. I don't see how there would be any standing to abolish the process, whether or not it is an area where they are rarely or never granted.
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I wouldn't buy non-commercially zoned land and expect to be able to change the zoning.
This is exactly correct -- you wouldn't -- because this option is not available to you.
The answer is different if you are a "necessary part of the local economy" who wants to "better serve the community". Especially if you're already in Hilo.
Actually I didn't mean myself specifically as in with my own identity and purposes of land use. I meant I as in the person who understands that zoning change is not a given.
Before buying, a person who understands planning issues and has an ultimate goal of conducting commercial type activity, should consult with Planning as to the potential for zoning change, and what would need to be done.
Same as any buyer of vacant land does due diligence on what use will be allowed for that land, and whether the General Plan has made room for future changes.
Planning is quite good at assessing whether the General Plan and/or CDP open the door for rezoning.
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Planning is also very good at burdening an approved change of zone with conditions that make it difficult, impossible, or at the very least, slow: they make the rezoning contingent on a State construction project.
Current example: the shiny new strip-mall in Pahoa must wait for the roundabout to be completed -- reasonable as this may be from an engineering perspective, it also means a year or three of delays.
I should probably just spend more time at the beach.
I don't disagree that things go slowly, kalakoa.
They're not big on fast change here, for both better and worse.
If they rushed the new strip mall through, a lot of people would be screaming that they built it before the intersection could handle the new traffic.
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Well, as a result of this thread I read most of the bill. What a bureaucratic bunch of nonsense!
To use this bill you are supposed to be doing "research." WTF does that mean? Possible example: I am going to research if 20 unrelated people can live together and grow all their own food.
What issue was this bill supposed to address? Really, I cannot imagine how anyone could actually implement the requirements of this bill, or why you would want to try.
Jerry
Right on, Jerry and Kathy H! That is why SB 2274 was defeated. And it is not coming back in the next session. It died and cannot be brought up again until 2015. May it rest in pieces!
It was a special wish list. All one needs to do is look at the items in the amendment to the Hawaii Volcano Circus's special use permit 1122 to see that they have essentially all been inserted into SB 2274. For research it is pretty flimsy. To think that the Planning Dept. has the expertise to take on the responsibility to evaluate the progress or non progress of an experimental research site is ludicrous. There was no scientific reporting required in this bill. The only requirement was one report a year to the planning commission. What was Graham going to do just write that everything is going good and everyone is happy? Also, no buffer zones and no sunset clause so once this bill was past it would be 'forever research' or at least until it was challenged. So the opposition got together and said NOT IN MY BACKYARD AND NOT ON STATE CONSERVATION LAND EITHER!!! And we don't have a large nonprofit mailing list yet we still managed to organize a grassroots effort to defeat SB2274 and we were successful.
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If you read the bill really carefully you'll discover that it does not, in fact, allow anything; it merely directs the County to create a "Special Sustainability Use Permit" process on or before July 1 2015.
Belly Acres' sustainability project cannot be legitimized under the existing Special Use process as this process does not allow for building code exemptions (among other things).
In addition to the numerous conditions imposed by SB2274, the bill also allows County to add their own conditions.
Again: Belly Acres is now left without a pathway to legitimacy. My questions for "the opposition" are: (1) How has Belly Acres wronged you to the point that you would drive them off their land; (2) What kind of "sustainability" should people be allowed to have; (3) Where should these activities be conducted?
Consider: if you draw a "NIMBY radius" around all the various subdivisions, the only lands left are huge private holdings (Shipman et al) or State forest reserve (and possibly the VNP). Sustainability researchers can't afford a 1000-acre parcel for the required "buffer zone", nor are they interested in retrofitting their experiment for standard compliance after the "sunset" of their special permission.
I guess as long as we're all happy with the roads, and the traffic, and the price of gas, there's really no need for "sustainability research" right? Now if you'll excuse me, I have to drive to Hilo and buy a some termite-infested lumber from Home Despot so I can build a chicken coop. (It's still "local" and "sustainable" even after I drive to Hilo again for chicken feed right?)
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Research would mean an accredited institution testing a hypothesis.with employees or grad students covered under OSHA.
Kalakoa quote:
"If you read the bill really carefully you'll discover that it does not, in fact, allow anything; it merely directs the County to create a "Special Sustainability Use Permit" process on or before July 1 2015."
Kalakoa, put your money where your mouth find the words that you used "Special Sustainability Use Permit" process in SB 2274 SD1. Let's bet Kalakoa. I promise to donate $1,000 to your favorite charity (which is probably Graham Ellis) if you can find those words in the bill. You do the same if I win. My favorite charity is the Rainbow Sanctuary.
We are talking about legislation here and you have to be specific because you might have to go to court. Not criminal but civil. No Graham is trying to avoid the special use permit process that is already in place that is why you won't find any mention of it in the bill.
