HomeMy WebLinkAboutCOM 0898.155 2020-2022 P / Counci
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Re: Bill 194: (Draft 3) (2020-2022): and AMENDS CHAPTER 25,ARTICLE 2,DIVISION 4,
SECTION 25-2-44, OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION,AS w c`a
AMENDED), RELATED TO CONDITIONS ON CHANGE OF ZONE ?
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Hawaii County Council ,
County of Hawai'i -0
Hawaii County Building
25 Aupuni Street, Hilo,HI 96720
Dear Honorable Chair Kimball,Vice Chair Inaba,and members of the council,
My name is Garth Yamanaka, and I am the current chair of the Government Affairs Committee
of the Japanese Chamber of Commerce and Industry of Hawaii (JCCIH). The Japanese Chamber
of Commerce&Industry of Iawaii has been incorporated since 1951 and represents over 300
members of the business community. On behalf of JCCIH,we are in strong opposition to Bill
194 which provides the County Council exclusive authority to grant an initial time extension for
the performance of conditions within a change of zone ordinance.
The JCCIH is concerned about the language of the Bill currently under your consideration.
Specifically,the Bill is vague and open to ambiguous interpretation,which as you know could
lead to varying interpretations and inconsistent application of the law as the membership of the
Council changes over time.
There are two sections of the Bill that are of particular concern. The first is SECTION 1, Section
25-2-44(c)(1),which states that the non-performance is the result of conditions that could not
have been foreseen or are beyond the control of the applicant and that are not the result of the
applicant's fault or negligence. The concern with this section is the lack of clarity in defining
what constitutes"conditions". Without proper defmition,this ambiguous provision renders the
Bill void for vagueness, as this provision could be open to widely varying interpretations,
potentially leading to inconsistent enforcement of the law.
The second is SECTION 1, Section 25-2-44(c)(3), which states that granting of the time
extension would not be contrary to the original reasons for the granting of the change of zone.
The concern with this section is that it could potentially limit the highest and best use of the land
over time. If the zoning code allows for a wide range of permitted uses, it is in the best interest
of both the County and the public you represent to allow for the highest and best use of the land,
714 Kanoelehua Avenue • Hilo, Hawaii 96720
Telephone: 808-934-0177 • Fax: 808-934-0178
email:jccih@jccih.org • www.jccih.org
Comm. No. V%-199
Ref. To: P(A ACI I
Ref. Date APR 1 9 2023
instead of limiting it based on the original reasons for the change of zone. This provision is
thereby detrimental to the development of the future of our County and the public interest.
We urge the Hawai'i County Council to reconsider the language of the Bill and to provide clear
and specific definitions and guidelines to avoid confusion,inconsistent enforcement of the law,
and legal invalidation due to vagueness concerns. Indeed,the clear and best option is to reject
the override and work towards a clear and more effective solution that prioritizes the highest and
best use of the land while also protecting the interest of our County and the public. Thank you
for considering our testimony on this important matter.
Mahalo,
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Garth Yamanaka
Government Affairs Committee Chair,2022-2023
714 Kanoelehua Avenue • Hilo, Hawai'i 96720
Telephone: 808-934-0177 • Fax: 808-934-0178
email:jccih@jccih.org • www.jccih.org