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SB2274-Sustainable Living
#91
http://www.capitol.hawaii.gov/session201...4_SD1_.HTM

quote:
Application for sustainable living research permit; evaluation. (a) A person desiring a sustainable living research permit shall submit an application to the planning department for the county in which the proposed sustainable living research site is located.


The bill text calls it a "Sustainable Living Research Permit". I refer to it as a "Use Permit" simply because that terminology is currently used for all other exception permits (CUP, SUP). Because SB2274 has died, we will never know exactly what name County would have given this permit, but I suspect the word "Use" would be included, because it is a permit for a use.

Note, however, that a discussion of the possible name of a permit that might someday exist does nothing constructive to solve the actual problem which we still have today. (Half-point for the hypocrisy of this post.)

It is my considered opinion that County created this problem: this circus sideshow has been going on long enough that Belly Acres should either have been granted their SUP or been served with a C&D. Period.

From where I sit, SB2274 looks like a legitimate attempt to solve the very problem that everyone is complaining about. The whinging NIMBYs of opposition have yet to offer any constructive solution, nor is County taking any authoritative action.

Meanwhile, Belly Acres and other "sustainability research sites" remain completely unregulated.

Research would mean an accredited institution testing a hypothesis.

Perhaps; this condition is not directly imposed by SB2274, however the County may add other requirements at its discretion. Defining "research" as suggested above would certainly raise the barrier to entry.

I expected it to go like this: County would meet the letter of SB2274 by creating a "sustainability research permit" process while adding enough conditions that it would be nearly impossible to actually qualify for the permit. They would then grant two or three of these permits to UH (and possibly a Volcano art gallery) so that nobody could claim that County was refusing to issue permits.

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#92
From page 12, Hawiian Acres Community Association Newsletter 1962:

THERE MUST BE RESTRICTIONS

There are no restrictions, nor should there be. This land was sold with the understanding that there would be no restrictions, either human or building. At present it is a pioneering venture, and pioneers need every latitude in solving the various problems that confront them in an untamed land. What the pioneer learns by much trial and error will benefit everyone who follows. An every increasing tax rate is usually enough to discourage shack-dwellers. One member even wants Hawaiian Acres developed as it would have looked 50 years ago -- with grass shacks and all. With good plumbing, that might be an idea. But let's be democratic, and say to each his own.
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#93
Kalakoa, spot on!

\o0o/ 's

_________________________________________
Don't speak unless you can improve on the silence.
_________________________________________
Don't speak unless you can improve on the silence.
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#94
I'm still waiting for a proposed solution to this "problem" -- it seems that the whinging NIMBYs can mobilize enough opposition to derail the bill, but this is hardly constructive unless the goal is to perpetuate the "problem" rather than solve it.
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#95
What exactly is the problem? When I first heard of this bill I thought it was to allow for alternative building techniques (rammed earth, bamboo, etc)--something we need. But the bill does not do this. And how does Space enter into it all? I have no opinion on Space, but if the purpose of the bill is to solve the "problem" of Space, then maybe that should be spelled out.

Jerry

ps, I can think of a lot of "restrictions" you would probably support. Like no toxic waste dumps, high rise apartment buildings, gmo research farms or race tracks to name but four.
Jerry
Art and Orchids B&B
http://www.artandorchids.com
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#96
Apparently the "problem" is Belly Acres' flagrant violation of land-use regulations, compounded by County's refusal to either issue a Special Use Permit or shut them down.

Their representative floated a bill through the legislature which would have required County to create a suitable permit process; this bill failed due to organized opposition from the whinging NIMBYs.

Net effect: nothing changes, Belly Acres is still "in violation", nobody is offering a solution.

Seems to be how things are done around here -- if nothing else, the handling of this issue proves that citizen involvement is neither requested nor desired, Puna is just a bunch of people doing whatever they want.
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#97
Jerry, you kind of hit the nail right on the head. This is what Graham Ellis was piggy backing on when he presented his sustainable living research bill. Alternative building materials like rammed earth, bamboo and used material are already incorporated into the building code for the construction of residential homes and agricultural structures. That was an amendment to bill 270. In 2010, my friend RJ Hampton researched bill 270 and as it was written it had omitted the alternative building material section that was in the state code. RJ and I went to Nancy Cook Lauer from Hawaii Tribune Herald and she did a story on the issue. It made front page news (above the crease) and it resulted in the county council amending bill 270 to include the section of the building code that allows for alternative and used materials to be incorporated into home design. A victory for everyone who wanted to reduce the cost of building their homes. Unfortunately with so little public awareness and consequent lack of support we were unable to amend the solar section so it went ahead and increased the cost of solar installation. But everything that is done can be undone when it comes to legislation.
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#98
As far as the Space/Graham Ellis situation goes, there is plenty of blame to go around. Ellis and associates have indeed filled a gap in retail and educational/recreational opportunities in a badly underserved area. The county has never provided anything approaching reasonable zoning for such activities anywhere near there, except by special use permits. Ellis and friends, however, have willfully gone beyond what their own special use permits have allowed on more than one occasion and then tried to amend or update them later. This has not made the county or the neighbors happy. They are fortunate that the county hasn't simply shut them down for good, which is the county's prerogative in such cases. Why the county has not done so is beyond me. The term "bad faith" comes to mind when I think of Ellis, but then I remember that no other zoning opportunities for Space or something like it exist. So IMO everybody in the whole situation has screwed up.
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#99
From what I hear they will be facing revocation real soon. Graham has been using the children as pawns in a grander scheme that would result in what he wants which an educational entertainment retail complex outside of county codes and regulations. Now that would solve all his problems. How many retail operations are allowed to operate outside the county purview and continue to draw off the people who do pay taxes? To merchants who have made investments in their towns how would they feel if the traffic was bypassing them to go to another venue that isn't even permitted? How long should it go on and would the county or has the county given any other group this long to fulfill the requirements of their special use permit? I just want to note here that the county has bent over backwards literally to give Graham and his group time to get their act together.
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All I see above is more whinging; still hoping someone will actually propose a constructive solution.

they will be facing revocation real soon

Separate issue: anyone who remembers the history of Pearl Bakery may recall that they were open (the first time) for exactly three days before being ordered to cease. This demonstrates that County can act swiftly -- if they so choose -- yet the Belly Acres drama has been allowed to fester for years. Which one got the "special treatment"?

county council amending bill 270

Alternative construction methods are hardly the issue here, so it's disingenuous to claim that "amending the building code" somehow fixes the problem.

The county has never provided anything ... no other zoning opportunities

Not technically accurate -- County has provided plenty of "guidance" in the form of a Development Plan that requires everyone to drive long distances for their basic necessities. This is hardly "sustainable" but somehow County doesn't consider that to be their problem... now get in your car and drive to Hilo.
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