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HomeMy WebLinkAboutCOM 0939.030 2022-2024lie October 1, 2024 , Policy Committee on Planning, Land Use, and Development c/o Hawai'i County Council 25 Aupuni St. Hilo HI 96720- Re: Strong support for Bill 181 D2 with two recommended amendments p =_ Aloha Madam Chair and committee members, The Sierra Club of Hawai'i, Hawai'i Island Group (HIG) is in strong support of Bill 181, draft 2. It is a well -conceived and -considered solution. HIG believes that: 1) the General Plan Comprehensive Review (GPCR) process as it currently exists through ordinance in the county code violates the county charter, and 2) Bill 181 resolves the current conflict between the current GPCR process and the Charter. The county Charter contains the following language: "Section 3-15. General Plan. The county council shall adopt by ordinance a general plan which shall set forth the council's long range policy for the comprehensive physical, economic, environmental, and socio- cultural wellbeing of the county. (a) The general plan shall contain a statement of development objectives, standards and principles with respect to the most desirable use of land within the county for residential, recreational, agricultural, commercial, industrial and other purposes which shall be consistent with proper conservation of natural resources and the preservation of our natural beauty and historical sites; the most desirable density of population in the several parts of the county; a system of principal thoroughfares, highways, streets, public access to the shorelines, and other open spaces; the general locations, relocations and improvement of public buildings, the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, sewers, light, power, transit, and other purposes; the extent and location of public housing projects; adequate drainage facilities and control; air pollution; and such other matter as may, in the council's judgment, promote the general welfare, health, and prosperity of its people. (d) Amendments to the general plan may be initiated by the council or the planning director." HIG does not believe the county Charter allows any county council to prohibit future county councils from performing the duties and powers granted to them by the Charter. R01 _ P 0 Box 11,37 Hilo, 1-11 96721.-11.2,7 1 ha--waiiisland..sierradub@gma_ikom ienac-- Unfortunately, the current language in the current General Plan, Section 16.1(10), adopted by past county councils, states in part, "However, any County Council change to a proposed amendment which substantially changes the general intent or subject matter of the proposed amendment, such as newly adding or deleting a goal, policy, or course of action, or standard, or a map amendment which changes a land use designation of a parcel, shall be considered an entirely new proposed amendment. Such a new amendment proposed at this stage shall not be processed as part of the ongoing comprehensive review, but shall be processed as a new interim amendment pursuant to Section 16.2." At the same time, the county Charter makes a clear statement that "The county council shall adopt by ordinance a general plan which shall set forth the council's long range policy for the comprehensive physical, economic, environmental, and socio-cultural wellbeing of the county." The Charter makes another clear statement that "The general plan shall contain a statement of development objectives, standards and principles...; and such of matter as may, in the council's judgment, promote the general welfare, health, and prosperity of its people." If Bill 181 is not adopted, this and any future council will/may be prohibited from exercising their judgment as provided by the Charter, that is, amending the General Plan to "set forth the council's long range policy for the comprehensive physical, economic, environmental, and socio- cultural wellbeing of the county." Therefore, HIG strongly supports Bill 181 as a solution to the issues raised over the past several months regarding the council's ability to amend the "final" draft General Plan 2045. In addition, given that several key reports essential to the public's understanding the GPCR were not released and/or publicly noticed until August 28, 2024, such as the Technical Methodology for General Plan Land Use (2022-24), HIG would recommend an amendment to GPCR Section 16.1(5) that the 21-daypublic comment period under Bill 181 Section 1, Chapter 16 article 1 section 16-1(5) of the county code, be extended to 60 days from the last public workshop. In addition, given that the general public does not believe any of the public and/or community meetings held by the Planning Department subsequent to the initial release of the September 2023 draft GP2045 were actually workshops, HIG recommends an amendment to Bill 181 Section 1 Chapter 16, article 1, section 16-1(5) of the county code to change "workshops" to "charrettes", which would ensure more educational, interactive experience and allow the broad swath of the general public, who are technologically disenfranchised, to provide informed comments, as well. Mahalo for this opportunity to testify.