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<br /> <br /> <br /> <br /> <br /> <br /> Testimony in Favor of Res. 465-06 <br /> <br /> <br /> <br /> <br /> Changing the zoning of the Waimea Pu'u is a pilot project of the Waimea <br /> Community Development Plan (CDP) Committee. The intent of the project is to <br /> <br /> encourage participation in government by community members in order to achieve a goal <br /> on which there is widespread community consensus. <br /> <br /> <br /> Res. 465-06 requests that the Planning Director initiate a zoning code amendment <br /> <br /> for State-owned parcel 6-5-001:020 by March 1, 2007. We are confident that the <br /> Planning Director's investigation of the situation will show that zoning of the parcel to <br /> <br /> prevent development is appropriate for the following reasons: <br /> <br /> <br /> • Counties may determine minimum lot sizes in agricultural districts <br /> • Development rights under the existing zoning have not become vested <br /> <br /> • Down-zoning does not deny "all economically viable use" of the parcel <br /> • Down-zoning advances important government interests <br /> <br /> • Down-zoning is consistent with the Hawai'i County General Plan <br /> • The State and County must "preserve and protect" native Hawaiian rights <br /> <br /> <br /> Counties May Determine Minimum Lot Sizes in Agricultural Districts <br /> <br /> While it is true that the State can make the final determination of allowable land <br /> uses, current State law allows the counties to set minimum lot sizes in agricultural <br /> <br /> districts. Thus, down-zoning by changing minimum lot size is specifically authorized by <br /> State law. As suggested during the Council Planning Committee meeting, the Waimea <br /> <br /> CDP Committee is seeking a concurrent resolution from the State Legislature in support <br /> of the proposal. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 1 <br />