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<br /> <br /> <br /> K. Angel Pilago tv,n.,, Phone No.: (808) 327-3642 <br /> Council Member Fax No.: (808) 3294786 <br /> District 8 - North Kona E-Mail: kapilago@co.hawaii.hi.us <br /> <br /> <br /> <br /> <br /> HAWAII COUNTY COUNCIL, <br /> County of Hawai `i Cap <br /> (D C_ <br /> Kailua Trade Center i -y C <br /> 75-5706 Hanama Place, Suite 109 - 7 <br /> Kailua-Kona, Hawaii 96740 - Co <br /> Co <br /> June 19, 2006 ZZ) <br /> ry v.... <br /> l~ <br /> Stacy K. Higa, Chair, and Council Members <br /> Hawaii County Council <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> <br /> RE: Resolution No. 381-06 (Draft 2) <br /> (Resolution to Postpone Rezoning Applications in the Districts of North and <br /> South Kona until the Kona Community Development Plan is Adopted by <br /> Ordinance) <br /> <br /> Dear Chairman Higa and Council Members: <br /> <br /> In researching methods of temporarily restricting certain kinds of development, it is quite clear <br /> that a "moratorium" tool has been used on numerous occasions and in many counties with <br /> positive results. This "moratorium" tool was lawfully implemented to temporarily restrict <br /> granting of permits and other development-related activities until appropriate planning and <br /> adverse effects were properly assessed and addressed. It has been proven to be a positive and <br /> effective tool with respect to smart growth. <br /> <br /> During the period 1990 through 2000, Maui County enacted Ordinances to temporarily restrict <br /> golf course and resort development, agricultural development and the issuance of cellular tower <br /> permits. Enactment of these Ordinances proved to be an ongoing positive effort by Maui <br /> County, further evidenced by subsequent ordinances it enacted to extend the periods of <br /> restriction until studies and appropriate planning were completed. <br /> <br /> In 2002, a moratorium on development in lake Tahoe was lawfully imposed while a <br /> comprehensive land use plan was developed. The Supreme Court there ruled that the <br /> moratorium imposed was not an unconstitutional taking of private property and noted that <br /> interim development controls are essential tools of successful development. The court's ruling <br /> protected Lake Tahoe while the community developed a strategy for environmentally sound <br /> growth. <br /> Comm. No. L l <br /> Ref. Tom <br /> Ref. Date <br /> <br /> Hawaii County Is An Equal Opportunity Provider And Employer <br />