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<br /> <br /> <br /> <br /> <br /> <br /> rental) for South Hilo, (c) where affordable units will be constructed (on-site or <br /> within a 15-mile radius), (d) at what cost or (e) the intended target group. Nor is <br /> <br /> there evidence of the density bonus, minimum building area or other incentives <br /> that have been or will be offered to the developer (as well as the impacts such <br /> <br /> incentives will have on the neighborhood). <br /> <br /> <br /> 7. Although a zoning ordinance is generally treated as a legislative act <br /> (to which courts will defer), courts will still invalidate a zoning ordinance if it is <br /> "arbitrary." <br /> <br /> <br /> 8. A zoning ordinance is arbitrary if (a) it reflects "spot zoning," i.e., it <br /> <br /> does not involve "wide-spread community consideration" because it affects only a <br /> small number of owners and area and where a small area within a larger area is <br /> <br /> singled out and is specially zoned for a use classification different from and <br /> inconsistent with the classification of the surrounding area and not in accord with <br /> <br /> a comprehensive plan, Save Sunset Beach v. City & Count~of Honolulu; 102 Haw. <br /> 165 (2003), or (b) it does not "conform to and implement" the General <br /> <br /> Plan ordinance, Section 3-15(b) of the County Charter.3 <br /> <br /> <br /> 9. In 2005, this Council adopted a specific "Plan Implementation" <br /> section in the General Plan ordinance calling for community development plans <br /> <br /> that this Council or the Planning Director may initiate. However, the absence of <br /> a development for South Hilo does not mean that this Council may ignore the <br /> <br /> specific provisions of the General Plan ordinance discussed above. <br /> <br /> <br /> 3 "No... zoning ordinance[] shall be initiated or adopted unless the same con orms <br /> to and implements the general plan." Section 3-15(b), County Charter. Unlike the <br /> Honolulu ordinance in Save Sunset Beach that established mere "guidelines" for country <br /> district zoning or the hortatory general plan in Ala Wai S , line that gave the council the <br /> authority to "resolve" the interpretation and priority of stated objectives and policies, the <br /> 2005 General Plan ordinance for the County of Hawaii is more than a "guideline" and <br /> does not give this Council the freedom to "pick and choose" certain parts of the General <br /> Plan ordinance while ignoring others. <br /> <br /> <br /> <br /> 4 <br />