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<br /> <br /> <br /> <br /> <br /> <br /> Honorable K. Angel Pilago, Chair <br /> and Members of the Committee on Planning <br /> County of Hawaii <br /> Committee on Planning <br /> Page 2 <br /> July 17, 2006 <br /> <br /> <br /> <br /> this study and a recommendation to the Planning Commission, which reviews the <br /> proposal and eventually makes its recommendation to the Council. The Council then acts <br /> upon the amendment. Neither the Planning Director nor the Planning Commission can <br /> block an amendment proposed by the Council. Once the Council passes the resolution <br /> asking for the study, the amendment itself will eventually come back to the Council for <br /> its action. <br /> 2. History of the General Plan and this property. <br /> <br /> The 1989 LUPAG map, which is attached to this letter as Map 1, showed "resort" areas, <br /> and an "alternate urban expansion area", on the State land near Honokohau Harbor. Most <br /> of the area was, however, designated "Open", as shown on Map 1. The "resort" areas <br /> were set back a considerable distance from the shoreline. The text of the General Plan <br /> referred to an "Intermediate" resort at Kealakehe. In 2001, I proposed the deletion of this <br /> resort designation in the comprehensive General Plan review, and this change was <br /> adopted with the new General Plan in 2005. The current LUPAG map for the area is <br /> attached as Map 2. <br /> <br /> There is currently a set of Planning Director-initiated interim amendments before the <br /> Council that includes a further proposed change to this area. This would change much of <br /> the "Open" area to "Alternate Urban Expansion" This proposed amendment is shown on <br /> Map 3. This amendment was intended to facilitate further commercial and harbor-related <br /> industrial development around an expanded small boat harbor. It differs from the <br /> amendment being considered by the Council in Res. 383-06 in that it would not allow the <br /> resort component. A resort development would require a "Resort" or "Resort Node" <br /> designation in the LUPAG map, and should be listed in the resort areas on Table 14-5. <br /> <br /> 3. State/DHHL jurisdiction. <br /> <br /> The ownership of the area is split between the State (under the jurisdiction of the DLNR) <br /> and the Department of Hawaiian Home Lands, with DHHL having generally the more <br /> mauka lands. See Map 4. The State transferred the portion owned by DHHL to the <br /> DHHL in 1994. The significance of this split ownership is that for the DLNR lands, <br /> under H.R.S. sec. 171-41(a), leases for "commercial, industrial and other business uses" <br /> must be "consistent with county zoning requirements." The State property is currently <br /> zoned "Open" and should be rezoned to be used for commercial or other business uses, <br /> included a resort. In turn, such rezoning must be consistent with the General Plan. On <br /> DHHL property, however, the County has a Memorandum of Agreement with the <br />