2013-02-21 Leeward Exh A - Director Initiated Amend re PUD

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MADSON: Who is “you?” LEITHEAD TODD: Well, the public, because what would need to occur is the County Council would need to propose an amendment to the County Charter, it would have to go on the ballot at the next election, and then the public would get to vote on changing the Charter. MADSON: Okay, that’s clear. And how would you do, how would you get it on the ballot? How would you start the procedure? LEITHEAD TODD: Typically, you either have to have the Council initiate it or you have to do a citizen’s petition. And I don’t know the requisite number of signatures that it would require to do that. MADSON: Okay, but we can make a proposal to the Council and ask them. LEITHEAD TODD: You can make a proposal to the Council. MADSON: And if they recommend it, it would go on the ballot. LEITHEAD TODD: Yeah. MADSON: Okay. LEITHEAD TODD: I think they need to have six, I’m not sure, I don’t want to speak to how many they have to, but -. MADSON: Okay, well, at least that explains the procedure. GIFFIN: Sir, No. 2? MADSON: My next question is, why do you have to go to the Land Use Commission, if you want to develop 15 or more acres? LEITHEAD TODD: You have to go to the state Land Use Commission, if you -. Hawai‘i has kind of a dual layer land use system. There is state land use classification, and so the land you sit on could be state land use classification Agriculture and county zoning Agriculture, or it could be state land use Urban, county zoning Ag or, if it’s in Urban, then it could be county zoning Ag, it could be county zoning Rural, or it could be county zoning Residential, it could be Industrial, it could be Commercial. If it’s state land use classification Agriculture and it’s more than 15 acres, the county cannot take it to an urban or residential use without the state Land Use Commission approving that, which is why you frequently see special use permits for 15 acres or less, or guys taking land and trying to cut it up into smaller parcel so they can get under the 15 acres. And the reason is is that basically it’s very expensive to go to the state and get land reclassified first, and then go to the county and get the rezoning at the county. It’s also lengthens or doubles the amount of time. And so for a lot of people who are looking to develop property -. This is not you’re going to buy a lot and build your house. This is somebody, I’m going to buy this land, I’m going to create a subdivision, I’m going to have, you know, 30 lots that I’m going to sell, I look at what it costs me to buy the land, I look at whether that’s cash out of pocket or am I borrowing money and paying 14 EXHIBIT A