Results of Land Use WG Meeting #2 Nov. 11 (Q&A)

[Rob Tucker]

Results of Land Use WG Meeting #2 Nov. 11 - Olaa Center, Keaau

Attending: Rob Tucker, Bill Walter, Judy Stenger, Cathi Lux, Robin Wright, Jef Lux, Bettie Van Overbekke, Pat Conant, Kim Tavares, Larry Brown, Sara Burgess, Brad Kurokawa, Kent Killam, Prema Qadir, Peter Adams, Barbara Kahn-Langer
Elin Send, David Fukumoto, Keola Downing

Meeting Opened with a brief update from the sub WG:
Growth Management, Village Centers & Design Districts, Sustainable Land, Air & Water, Biosphere Reserve.

Finding: With minimal input and participation in Biosphere Reserve sub group we will contact Rick Warshear and consider rolling that agenda into the other three sub groups.

Main Purpose of Meeting: Q&A with County of Hawaii Planning Dept. represented by Brad Kurokawa and Larry Brown. Facilitated by Sara Burgess and Prema Qadir.

Q&A: (brief notes - not full dialogue)

1. What is required to implement WG recommendations?

Ans.: Not necessary to understand county land use laws.

2. Will WG be given an opportunity to revise after submittal to county?

Ans.: Steering Committee will review/refine WG report. community input may be gathers via “community speak outs”.

3. How, when with WG get feedback on WG report?

Ans.: Community speaks out

4. How do planners look at the process to determine what WG can/cannot do? Feasibility?

Ans.: Depends on state/county codes/laws, county council should participate in process.

5. Village Centers are easy to envision. How to make it happen?

Ans.: CDP looking for suggestions on how to create VC where non currently exist.

6. Funding Village Centers?

Ans.: MAter of private participation. County encourages us to identify principles (big picture). IF WG doesn’t have expertise it’s okay. County will facilitate incorporating resources. Up to WG to get representative behind the plan. MAyor supports the CDP process.

7. How to encourage more people to participate in CDP process? Dysfunction in Steering Committee?

Ans.: County crafted the process to increase community participation: small Group input, working groups, steering committee. Flow of information is important. WG can do community outreach. Planning Department, Res & Dev Dept, County Council members, are all stake holders/ assistants.
8. Concern about flow of info between WG and SC and Planning Department. Can WG send member to CDP Steering committee mtg. for a short (2 min.?) agenda presentation?

Ans: Yes, CDP committee meetings are open to the public. Next is NOv. 15th @ Keaau Community Center at 6:30 pm.

9. How can we apply rezoning to prohibit development of new subdivisions (A1a)?

Ans.: Need consent of landowners. County is “taking issue”. Economics will prohibit development. No big demand for additional building sites. Not a priority issue. Corrective rezoning may be more important. A1a zone is “leftovers”. Currently no new Ag zoning less than 5 acres.

10. Is there potential for adding commercial zoning in finite area like Kaimu?

Ans.: Similar to Village Center idea. Kaimu is a DHHL project. County inherited the land use designation. I WG wants to change patterns then do it.

11. Is the CDP consultant in an operational position?

Ans.: No. Consultant drafts planning documents in conjunction with county and CDP steering committee. Consultant: structure & format of WG plans.

12. Any way to slow down current development?

Ans: County can’t deviate from established law, but it can reevaluate projects based on established law and enforce legal requirements.

13. Has county considered medical services - regional center?

Ans.: Department heads are looking at the issue. Shipmen is addressing the issue in Keaau.

14. What kind of zoning for medical uses?

Ans.: General commercial zoning. Perhaps more uses can be added to zoning definitions.

15. Paul’s Auto Repair - what type of zoning is this?

Ans.: Village Commercial. HDOT may dimly look on Hwy. 130 access.

16. How does CDP dovetail with STIP(state transportation improvement projects)?

Ans: County met with STIP, asked for more integration to manage funding of island wide projects.

17. Will county take CDP output to STIP?

Ans.: Yes.

18. CAn WG add new zoning district categories?

Ans.: Please submit such requests to the county.

19. How does community get more commercial/ industrial zoning?

Ans.: Through the CDP process, consensus. All WG recommendations will be considered.

20. Commercial lots: How to get back “lost” commercial zoning?

Ans.:
> Land readjustment dependent on economics.
> transferred development rights
> mechanism for resolution is CDP process
> corrective zoning with landowner cooperation
> up zoning is possible

21. Community Speak Out: How to encourage WGs that this will be a democratic process?

Ans.: suggestion: breakout groups. WG must document their work. Actions/ suggestions will be in WG final report.

22. What does it take for the county to enforce zoning laws? (an example is given)

Ans.: County has to look at history of land use designation. County will investigate compliance and act accordingly. Only 2 zoning inspectors in the county.

23. Paradise Drive: roadside taco stand - is it legal?

Ans.: No. County does not have resources to monitor. File a complaint.

24. Is Land USe WG (not) doing anything that concerns the county?

Ans.: Pay attention to critical issues in previous Puna development plans. Keep input from 130 small group meetings in mind.

25. IS it possible for all groups with long range plans to present at December 2 Puna CDP open house?

Ans.: Yes

26. What is impact of Lava Hazard Zone on WG planning?

Ans.: Does not really impact except as SMA (special management area) mostly in shoreline areas.

27. Is state involved in other CDP issues/ decisions besides transportation?

Ans.: Yes. Land Use.

28. Who is the state Land Use Commission?

Ans.: Chairman is Peter Young. [Marissa Fufaro offers this edit/correction: Peter Young is the chairman of DLNR. Tony Ching is the Executive Officer of the Land Use Commission.]


Other Business:

A. Rob Tucker will continue as Land USe WG coordinator

B. Continue sub group meeting schedule of two per month minimum.

C. Contact Rick Warshauer regarding Biosphere Reserve sub group.

D. Next meeting in one month - TBD - perhaps Keaau Community Center and perhaps in conjunction with (at least) the Transportation WG.

E. Continue to attempt contact with large property owners, DHHL, Lyman, DLNR, KSBE, Watamull, Community Associations.

END OF MEETING

[Barbara]

Great Notes. Many thanks to Sara Burgess and Prema Quadir.

Rob had a question about an unpermitted use... the HuliHuli chicken thing on 130 in Pahoa...

Larry Brown said file a complaint.

This is how it works, personal experience.

You file a complaint with the Planning Dept, but you must have the name of the property owner, or the physical address, or the TMK no.
You fill out the form.
The form is reviewed by Robert Usakawa (Moose).
Moose is the ONLY zoning inspector Hilo side. There is ONLY one other Konaside.
You and Moose talk story.
Moose will probably contact the property owner who may or may not do anything. Moose has alot on his plate.
If the property owner stops the illegal use,
pat yourself on the back and thank Moose.
If not, as in our situation in HPP on 5th and Maku'u, where there is a 2 acre illegal junkyard and illegal auto repair enterprise, then dig in for the long haul.
You have to commit personal time and energy to keep the system moving. If you don't, and expect a single complaint to get results, you will be frustrated. I've bulldog'd the junkyard now going on three years. Another hearing is coming up in Dec.
One of the property owners seems to have moved... Neither fines, nor letters, nor prior court appearances seems to work.

The county sent the problem to the Corporation Council in 2005 (maybe 2004).

[rwright]

Rob, there was concern expressed at the meeting by some when Larry Brown stated WG's would not have opportunity to made changes to their own reports/recommendations after sending them the steering committee and consultants review review and comment stage (Q/A #2 & 3 below)

2. Will WG be given an opportunity to revise after submittal to county?
Ans.: Steering Committee will review/refine WG report. community input may be gathers via “community speak outs”.
3. How, when with WG get feedback on WG report?
Ans.: Community speaks out

The excerpt below from the WG Guidelines states otherwise:


http://hawaiiislandplan.com/punaworkingg...elines.asp

General guidelines for all Working Groups

About the due date of 2-15-06

The Working Group’s draft report is due to the Steering Committee on that date. It helps to have a deadline.

The consultant, John Whalen, will take the reports after the Steering Committee okays them. Each Working Group’s report will be commented on, and the group will have a chance to revise their reports, as they wish.

Robin

[Rob Tucker]

I would expect that the Working Group Guide Lines Would be the correct answer.