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HomeMy WebLinkAboutCOM 0027.051 2000-2002 Bonnie Gpodsll 4 a0a-967-7775 ~3I7I01 Cvt 32 PM 2110 80111118 C3OOdell www.bonni~ooodoll.cam Plainnin8 for Sustt+inabflity Box 6, Volerano HI 96786-0006 (806) 967-7776 (hix 966-7606) omawphn®Inbrpac.n~t yfarch 8. 2001 Mayor Harrv Ktm Chnstopher Yuen, Planmag Director James Arakaki, Chair, and'~4embers of the County Council County of Hawau 25 Aupum Street I-ltlo, Hawau 96720 RE. Discnmination in County of Hawau General Plan and possible implications for Shipman rezoning request curnntly before the County Council Dear fir Ktm, Vfr Yuen, fir Arakakt, and IVfembers of the County Council, Thu is in response to'.vlr Yuen's letter of February 16 requesting clanfication of my letter of January 29 regazding discnmination in the General Plan Draft document It is also to caution the County adminutraUon and Council regarding possible implicaUoas of any land use actions they may take based oa the current County General Plan This is what is going on, a very condensed history• In 1998, a group of citizens who were members of the CrUZens Advtsory Committee of the Hawau Long Range Land Transportation Plan (FIIRI_TP) formed an ad-hoc committee called the Sustainability Committee to file civil rights complaints against the State of Hawau and the County of Hawaii for ruing false data rn the preparation of the HLRLTP in order to deny services to the 70,000+ lots in the small-owner subdivrsions. Further, we asserted, the sen~ices were thereby diverted to the future planned developments of landowners like W.H Shipman, Kamehameha Schools, Queen Ltltuokalam Trust, Waikoloa Land, the State Housing Finance and Development Corporatron, and others I am the spokesperson for the Sustainabtliry Committee The two HLRLTP mechanisms of this diversion were 1 Projections of no population growth in the small-owner subdn tstons after about 1995, and, to the case of Puna, a drop in population in the subdivisions after 2010. 2. The representation of the small-owner subdivrsions in the computer model, TnuiPlan as they aze shown in the County General Plan, as "orchards and extensive agnculture" rather than as their actual use, which is restdenual, lazge-lot residential, intensive Comm. No. Z • 51 File No. Pr~s~nr~o Ref. To: Ref. Da~° MA 7 20(]~ Bonnie Goodell 4 eoe-~~-ins ~13I7I01 y1 33 PM '?3I10 Bocrtve Goodell Borwe Btssen/Sisstainabiliry Committee re GP DRAFT & Zoning March S, 2001 agnculture, and mined use This misrepresentation of land uses violates both the directions for use of the TraztPlan computer model and federal planning requirements The Federal Highway Administration investigated our complaznt and found that all our allegations were supported They were very specific A complete copy of the Federal Investtgattve Findings may be found on my websrte, www bonmegoodell.com I strongly suggest that you download a copy of the Investtgattve Findings and read them very carefully The local consultant providtng the land use and population data for the HL.RLTP, from 1993 until 1998, was Mr VPilliam Moore, who all dunng that time was also employed by W H. Shipman to plan for its development around Keaau. and to obtazn W H Shipman's Boundary Amendment from the Land Use Commission. I personally made testimony to the Land Use Commission, the Department of Education, and through numerous memos to the County Planning Department (as lead consultant for the Puna Community Development Plan) from 1992 on, that the misrepresentation of land uses for the small-owner subdtr tstons, and the associated failure to provide services and correct land use analyses, was a violaUoa of them tights I also alleged, and still mazntazn, that the residents and landowners of those subdivisions have been and are being substantially harmed by that misrepresentation and by the associated fazlure to provide fair treatment in all county and state services, including at least planning, water souroe development, transpoRaUon, schools, police, fire protection, parks, and access to federal azd, such as from FEhlA, HUD, and USDA Correcting this land use misrepresentation and disparity in services has tmphcations for the all land use decisions on the Btg Island. For instance, m the County General Plan, Urban Expansion Areas, such as the one around Keaau, have been justified by land rue analyses which purport to show that there is iasuffictent area of urban land to support what would be needed for anticipated future growth. Obviously it would be impossible to reach the conclusion that Puna needed additional urban lands if the land uses rn the existiag subdivisions were not misrepresented You can find maps illustrating what I mean on my website, on the page explaining the civil tights complaznt about the HL.RLTP The Sustatnability Committee and I, personally, have already communicated with Mr Hayashi, at the beginning of the review process, to clanfy how the General Plan is the basis of the dtscnminatton Therefore, I have attached copies of those communications. My website also contains a Level of Services Study which I suggest be compared with all the facilities maps and facilities elements is the existing and DRAFT General Plan Bonnie Goodell 480a-%7-7775 X317/01 m134PM X4/10 Bomve Goodell Bomve BisseNSistaznab~l~ty Commiaee re GP DRAFT' & Zoning ytarch 8, 2001 3 Thank you for your attention This letter is co-signed by Bonnie Bissen because she has made a complaint to the Legal Aid Society of Hawau Sincerely. Bonnie Goodell Bonme Buren Attachments Copy of 213198 memo Copy of Letter of September 16, 1998 to \orman Hayashi cc Mike Cruise, Legal Aid Society of Hawau BonnieGoodsll 4908-967-7775 t1r317/01 ~-136 PM L~5/10 Bornue Croode111Botaue Bissen'Suvtaznabihry Comminee re GP DRAFT & Zomng Mazch 8, 2001 4 Date. 213198 TO. County Planning Department FROM: The Sustainability Committee of the Citizens Advisory Committee of the Hawazi Long Range Transportation Aan Roger Evans, John Luchau (Hawaiian Paradise Park), Knsune Kubat (Clear Rumm~gs), Jon Olson (Puna Community Council), Ron Reilly' (,Mayor's Bike/Pedestrian Commission, People Advocating for Trails Ilawai'i), David Taylor (President of Puna Commumty Council and Puna Traffic Safety), Keith Wallis (E Mau :Va Ala Hele, Wazmea Trails and Greenways); David Skaife (Mayor's Bike'Ped Advisory Committee), Bonme Goodell (planner); Bev Byouk (Ocean View') Subject Input to the First Public Meetings [or the General Plan i:pdate Members of the DOT's Commumty Advisory Committee (CAC) have been told repeatedly that our input-on things Iike recognizing and plamung for the substandard subdivisions, creation of more two-lane networks instead of L.-4 style highways, land use for fewer and shorter cat tops and for encouraging walktng, biking and public trans-is more properly put to the County General Plan We therefore request the following general improvements to the County' General Plan I All maps and text must show all anticipated development Wherever the County is approving building permits for residential densities, that azea must be shown as Urban Where lot sizes are one acre or larger, but the ma~onty of the actual use is not fanning, it must be shown as mined use This regwres a change in the designation and descnptton of most of the buildable lots on the Big Island Why' • "If it walks lile a duck and quacks like a duck, it's a duck " Calling a house with no farm a fans dwelling, or calking a subdivision with 3,000 quaRer-acre lots and ag zoning `orchards" or "non-conforming subdivisions" does not, in the eyes of the law or the eyes of the public make it so It merely makes County planning incompetent The law is cleaz that the services for which the County is responsible are determined by the actual development and building permits issued by the County, not the name the County chooses to call it • If the County does not want to provide urban services in agncultutal zomng, then the County had the power and legal nght to refuse building permits not in conformance with the zoning or Land Use District requirements If, however, the County permits development, then that permitted development is the actual land use It is the County's maps and documents which are non-conforming, not the subdivisions. • The State Planning Law, Chapter, Chapter 226, directs General Plans to show all desired development and projected population. It does not set a time horizon. The development the County actually permits in fact determines the expected population The GP must Bonnie Goodell 460&967-7775 L~3/7/01 ~136PM X6/10 • Bormme Goodeil'Bornae 8isseNSustaznab4ity Comminee re GP DRAFT 6c Zoinng :vtarch 8, 2001 5 either show build-out of permitted land use or show how the development rights will be withdrawn • The Planning Director has verbally committed to malting this basic change II Apply the County's own Land Zoning Bank policy for projecting future subdivision and zoning needs where the existing inventory of buildable pazcels is insufficient for the next five to ten year;, based on actual use as descnbed in paragraph I Why? • The Land Zoning Bank is a prescnbed part of community development plans Its function is to inventory the available vacant land in each zomng classification and then determine if there is sufficient available land to meet the development needs for the next 5- l0years Only if there is imsufficient vacant land in a given zomng classification does the Land Zoning Bank allocate a "fund" of "zoning acres" that may be drawn upon to upzone in that area If there is ample vacant inventory, no rezoning should occur Tlns function, if it is to function at all, must be reflected in the GP The County and the State (in them Boundary• analyses), have both made a mockery of this pnnciple by assuming that, for instance in Puna, 16,000 pazcels, each one-half-acre or less in size, do not count as existing inventory of bnildable residential parcels because they are zoned for agnculture. Additional residential subdivisions are thereby ~ustdied. III The GP must plan locations of pazks, fire stations, police stations, stores and other daily commerce, employment, waste disposal, public water, utility s}•stems and transportation links for all anticipated development shown as a result of compliance with I and II The County must requue the State to pror ide, for the GP, all the schools, state pazks and other state facihties Why? • IIRS Chapter 226 and the function of planning require this. Planning accomplishes the purpose of health, safety, and management of the public purse by anticipating needs in time to make arrangements for them at the lowest possible public cost Waiting to identify needed publrc lands until pnvate property must be condemned is contradtctory to the function of planning • It is not fair to property owners for them to have to invest in them pnvate property while the threat constantl}' hangs over them of condemnation for public use Thrs threat occurs when go~erninent creates development rights that will require public infrastructure and services, but fails to plan for those publrc land needs IV Provide within the GP review a process for all communities to choose between two different development styles• suburban sprawl or compact "livable" communities. Provide realistic descnptions of the two options including infrastructure, environmental and energy Bonnie Goodell 4 BO&967-7775 ~3l7l01 ~ 1 39 PM =7110 • Boruve GoodeWBorniie Bissen'Sustaznability Comminee to GP DRAF•I.6r Zoning 'March 8, 2001 6 costs, cost of living, exclusionary vs. inclusionary land use patterns, traffic congestion, traffic safety, and highway costs, accessibility for those without personal autos, number and length of automobile traps required, two-lane "maznstreet and country road" transportation networks vs "pods" along limited access, multi-lane highways, visual preference surveys, impacts on surrounding commumues, protection of agnculture, and actual tax burden Provide the Ahwahnee Principles as examples of plamm~g pnnciples in use by communities which have chosen livability Provide presentations of plans based on livability, by qualified presenters who favor livabihty, as well as advocates for sprawl patterns GP, and the plamm~g of public improvements and zoning, as pet III must then reflect commumty choices. W hy~ • The current GP has goals and policies which descnbe livable communities (convenience, accessibihty, protection of agnculttire, etc.). But the actual practice within the County and within the State Depaztment of Transportation is to implement auto-dependent sprawl, which is more expensive for both the tax base and in cost of living than compact development The public must be given real choices after comprehensive education about the actual differences • Sprawl development, which creates single-occupancy vehicle commuting requires highway lane additions for which federal funding is not and will not be avazlable. On average, it costs $30,000 to highway improvements for each commuter vehicle added to the highway That cost will have to be shouldered to a large extent by local taxpayers if we do not make the land use/traasportation pattern support alternative access V ti4ake an Element for ACCESS, both traditional choices to give people in every community the option of anon-commuter lifestyle. shoreline and mauka access, and for bicycles and pedestnans Incoipoiate in this element the detailed shoreline access plan prepared in 1979 by the Planning Department as well as provision for master planning access systems within each district and review of all subdivision applicataoas for inclusion of access ways a~ny~ • The Department of Public Works and the State Department of Transportation both continually cite the lack of improvements or even consideration of these kinds of access ways on the fazlure of the County GP to provide for them • The continuation of Hawaiian cultural practices and values regarding the public trust is one of the most valuable things Hawazi has to offer to the world culture As such it is also of mayor economic value to us as a visitor destmation tZ Include geologic hazards -lava flows, earthquakes, subsidence, locally generated tsunami - as an Element, equal to Drainage. Include measures to lower the risk to health Bonnie Goodell 4808-967-7775 ~3l7101 G1 39 PM !~ah0 • Bornue Goodell/Boraue &ssenrSusiaznabilm~ Comminee re GP DRAFT & Zoning Mazch 8 200] and safety, such as downzomng to prevent further subdrvrsion, tnursfer of development nghis to areas of lower hazard, and special zoning designations Why? • Geologic hazards affect the health and safety of the populace Land use affects the level of nsk for the population affected by the hazard and the economic health of the whole population which bear; the cost of disaster, loss of public improvements, and economic dislocation Denial is not an acceptable public policy BonnisGoodell 4609-967-7775 4C 317/01 0141 PM ~9I10 ' Bormre Goodell'Borwe Brsserv5ustarnabilny Committee re GP DRAFT & Zoning >-larch 8, 2001 8 Bonnie Goodell Pl~nnlna for BusGins~billty P.O. Box 6, Voloerno HI 96786-p00d (808) 967-7776 (fax E296) omxpAan®brbrpac.nnt September 16, 1998 Mr Norman Hayashi Planning Deparffient, County of Hawair 25 Aupuni Street Hilo, Hawan 96720 Subject Recap of our Meeting on Wednesday, September 1, reiteratron of need for equal treatment of substandard aubdrvieione. Dear Mr Hayeshr, Thank you and Darren for the spirited drscusaran of the issues regarding the substandard subdivrsions I think this dieouasion helped me to understand some sources of the `buck passing"between government agenoree that perpetuates unequal treatment of these subdrvrsrons As you know, I contend that the planning, servrces and basrc economre ud'rastrvcture that should be going to the subdtvrerons is being duected instead to the future developments of the pohtrcally well-connected large landowners whose market for future subdivisrons rs substantially dependent upon the failure of the older subdtviaions I also contend that the County of Hawaii General Plan has been the prunary vehicle for carrying out this diversion of recognrtron and raourees, whrch I and the reef of the Sustainabrlrty Commrttee contend rs a vrolation of crvrl nghta and envtronmental~ustrce. I appreciate your candrdness about the role of the GP. I have perceived that the GP should comply' wrth HRS Chapter 226, the State Plan, requirements that "County general plans shall be formulated on the basis of sound rationale, data, analyses " It was your contentron at our meeting that the (iP ra gurded by Section 3-6 of the County Charter, to be ".A statement of the most desirable use of land "You interpreted that to direct you as a planner to plan for "what should be"under good planning, rather then condone bad planning Therefore, as you stated, rt ra not the GP's role to show what is in exrstence. rf that represents bad planning, but rather whet ~ "desirable," so that the substandard subdn•rsrons, as `bad planning" should not be condoned by recognIIron in the GP You said that } ou do not know the source of the DOT's data for the Iiawatr Long Range Transportation Plan One of my attachments rs a letter to me from HDOT planner Juha Tsumoto addressing that issue It has been the County's contention, reiterated by you at our meeting, that HDOT, in failing to pronde for transportation services and infrastructure for the substandard subdivisions, incorrectly relied on the County GP, rather than actual land use for then transportation modehng for the HI,RTP I find this confusing. When I was preparing the second draft of the Puna Community Development Plan, et the trine the HLRTP process was beginning, my recommendation that the subdivisions be redesignated Bonnie Goodell 4 BO&967-7775 X317/01 ~ 1 42 PM 310/10 • Bornue Goodell'Bornue B~sseru'Sustatnabilny Committee re GP DR?~F7' & Zoning March 8, 2001 9 and upzoned to reflect actual use was rejected by the Planning Director "because the County does not wish to provide them with services " I thank you for your invdation for me to suggest language for the GP regarding substandard subdlvlsions and Puna I have developed a library of sample materials for descnbing sustainable, livable communities, and for integrating transportation and land use I attach some sample language submitted by mein 1995 for the CDP, and a copy of the Ahwahnee Pnnciples, which provide the overall goals for many of the Livable Communities plans across the country However, it ~s not appropnatc forme as a planner to substantially participate until I em confident that the County and the State are committed to extending equal treatment to the substandard subdrvislons Sincerely, Bonnie Goodell Attachments Bonnie Goodell 4 808-967-7775 ~317/Ot !91 32 PM ~ 1110 - RUSH TO mayor's office FAX 961-6553 FROM Bonnee Goodell PAGES (INCLUDING THIS COVER) 10 I have sent this via hard copy Huth signatures today, but am faxing from my computer because time may be critical Call me at 967-7775 if you have questions Bonnie Goodell Wednesday, Meth 7, 2001 N . om PI f Hoot 8, VWo~rw MI 967860008 (808)987-7776 (iax 9867606) a .h~!' March 8, 2001 ' 1 ITi r~; ~ ~ F TI 8 0 4 Mayor Harry Kim r;r ,;I C er Yuen, Planning Director James Arakaki Chair, and Members of the County Council County of Hawau 25 Aupuni Street Hilo, Hawaii 96720 RE: Discrimination in County of Hawau General Plan and possible implications for Shipman rezoning request currently before the County Council Dear Mr. Kim, Mr. Yuen, Mr. Arakaki, and Members of the County Council, This is in response to Mr. Yuen's letter of February 16 requesting clarification of my letter of January 29 regarding discrimination in the General Plan Draft document. It is also to caution the County administration and Council regarding possible implications of any land use actions they may take based on the current County General Plan. This is what is going on, a very condensed history: In 1996, a group of citizens who were members of the Citiuns Advisory Committee of the Hawaii Long Range Land Transportation Plan (HLRLTP) formed an ad-hoc committee called the Sustainability Committee to file civil rights complaints against the State of Hawaii and the County of Hawaii for using false data in the preparation of the HLRLTP in order to deny services to the 70,000+ lots rn the small-owner subdivisions. Further, we asserted, the services were thereby diverted to the future planned developments of landowners like W.H. Shipman, Kamehameha Schools, Queen Lilruokalani Trust, Waikoloa Land, the State Housing Finance and Development Corporation, and others. I am the spokesperson for the Sustainability Committee. The two HLRLTP mechanisms of tlrrs diversion were: 1. Projections of no population growth in the small-owner subdivisions after about 1995, and, in the case of Puna, a drop in population in the subdivisions after 2010. 2. The representation of the small-owner subdivisions in the computer model, Tr'anPlan, as they are shown m the County General Plan, as "orchards and extensive agriculture" rather than as their actual use, which rs residential, large-)ot residential, intensive Boncue Goodell/Bonnie BissenlSustaznabdity Committee re (}P DRAFT & Zoning March 8, 2001 2 agriculture, and mined use. This misrepresentation of land uses violates both the directions for use of the TianPlan computer model and federal planning requirements. The Federal Highway Administration investigated ow complaint and found that all ow allegations were supported. They were very specific. A complete copy of the Federal Investigative Findings may be found on my website, www.bonniegoodell.com. Istrongly suggest that you download a copy of the Investigative Findings and read them very carefully. The local consultant providing the land use and population data for the HLRLTP, from 1993 until 1998, was Mr. William Moore, who all dunng that trine was also employed by W.H. Shipman W plan for its development around Keaau, and to obtain W.H. Shipman's Boundary Amendment from the Land Use Commission. I personally made testimony to the Land Use Commission, the Department of Education, and through numerous memos to the County Planning Department (as lead consultant for the Puna Community Development Plan) from 1992 on, that the misrepresentation of land uses for the small-owner subdivisions, and the associated failure to provide services and correct land use analyses, was a violation of their rights. I also alleged, and still maintain, that the residents and landowners of those subdivisions have been and are being substantially harmed by that misrepresentation and by the associated failure to provide fair treatment in all county and state services, including at least planning, water sowce development, transportation, schools, police, fire protection, parks, and access to federal aid, such as from FEMA, HUD, and USDA. Correcting this land use misrepresentation and disparity in services has implications for the all land use decisions on the Big Island. For instance, in the County General Plan, Urban Expansion Areas, such as the one around Keaau, have been,justified by land use analyses which purpoR to show that there is insufficient area of urban land to support what would be needed for anticipated future growth. Obviously it would be impossible to reach the conclusion that Puna needed additional wban lands if the land uses m the existing subdivisions were not misrepresented. You can find maps illustrating what I mean on my website, on the page explaining the civil nghts complaint about the HLRLTP. The Sustainability Committee and I, personally, have already communicated with Mr. Hayashi, at the beginning of the review process, to clarify how the General Plan is the basis of the discnmination. Therefore, I have attached copies of those communications. My website also contains a Level of Services Study which I suggest be compared with all the facilities maps and facilities elements in the existing and DRAFT General Plan. Bomue Goodell/Bomue Bissen/Suammalnl~ty Committee re GP DRAFT 8c Zamog March 8, 2001 3 Thank you for your attention. This letter is co-signed by Bonnie Bissen because she has made a complaint to the Legal Aid Society of Hawaii. Sincerely, ` Bonme Goodell Bonnie Bisa n Attachments: Copy of ?l3/98 memo Copy of Letter of September 16, 1998 to Norman Hayashi cc: Ivhke Cruise, Legal Aid Society of Hawaii Date: 2/3!98 TO: County Planning Department FROM: The Sustainability Committee of the Citizens Advisory Committee of the Hawaii Long Range Transportation Plan: Roger Evans, John Luchau (Hawaiian Paradise Park); Kristine Kubat (Clear Runnings); Jon Olson (Puna Community Council); Ron Reilly (Mayor's Bike/Pedestrian Commussion, People Advxating for Trails Hawai'i); David Taylor (President of Puna Community Council and Puna Traffic Safety); Keith Wallis (E Mau Na Ala Hele, Waimea Trails and Greemways); David Skaife (Mayor's BikelPed Advisory Committee): Bonnie Goodell (planner); Bev Byouk (Ocean Vrew). Subject: Input to the First PabNc Meeth~ for the General Phm Update Members of the DOT's Community Advisory Committee (CAC) have been told repeatedly that our input-on thrngs like recognizing and planning for the substandard subdivisions, creation of more two-lane networks tnstead of LA style highways,1and use for fewer and shorter car trips and for encouraging wallung, biking and public trans-is more properly put to the County General Plan. We therefore request the following general improvements to the County General Plan. I. All maps and text must show all anticipated development. Wherever the County is approving budding permits for residential densities, that area must be shown as Urban. Where lot sizes are one acre or larger, but the majonty of the actual use is not farming, it must be shown as mrxed use. This requires a change in the designation and description of most of the buildable lots on the Brg Islamd. ~9T • "If it walks like a duck and quacks like a duck, it's a duck." Calling a house with no farm a fern dwelling, or calling a subdivision with 3,000 quarter-acre lots and ag zoning "orehazds" or "non-conforming subdtvisrons" does not, in the eyes of the law or the eyes of the public make rt so. It merely makes County planning incompetent. The law is clear that the services for which the County is responsible are determined by the actual development and building permits rssued by the County, not the name the County chooses [o call it. • the County does not want to provrde urban services in agricultural zoning, then the County bad the power and legal right to refuse building permits not rn conformance with the zoning or Land Use District requirements. If, however, the County permits development, then that permitted development is the actual land use. It is the County's maps and documents which are non-conforming, not the subdivrsrons. • The State Planning Law, Chapter, Chapter 226, directs General Plans to show all desired development and projected population. It does not set a time horizon. The development the County actually permits in fact determines the expected population. The GP must either show build-out of permitted land use or show how the development rights will be withdrawn. • The Planning Director has verbally committed to making this basic change. II. Apply the County's own Land Zoning Bank policy for projecting future subdivision and zoning needs where the eusting inventory of buildable parcels is insufficient for the nett five to ten years, based on actual use as descnbed in paragraph 1. • The Land Zoning Bank is a prescribed paR of community development plans. [ts funCLOn is to inventory the available vacant land in each zoning classification and then determine if there is sufficient available land to meet the development needs for the nett S 10 years. Only if there is insufficient vacant land in a given zoning classification does the Land Zomng Bank allocate a "fund" of "zoning acres" that may be drawn upon to itpzone in that area. if there is ample vacant inventory, no rezoning should occur. This function, if it is to function at all, must be reflected in the GP. The County end the State (in their Boundary analyses), have both made a mockery of this principle by assuming that, for instance in Puna, 16,000 parcels, each one-half-acre or less in size, do not count as existing inventory of bmldable residential parcels because they are zoned for agriculture. Additional residential subdivisions are thereby justified. 111. The GP must plan locations of parks, fire stations, police stations, stores and other daily commerce, employment, waste disposal, public water, utility systems and transportation links for all anticipated development shown as a result of compliance with I and II. The County must require the State to provide, for the GP, all the schools, state parks and other state facilities. ~y9 • HRS Chapter 226 and the function of planning require this. Planning accomplishes the purpose of health, safety, and management of the public purse by anticipating needs in time to make arrangements for them at the lowest possible public cost. Waiting to identify needed public lands until pnvate property must be condemned is contradictory to the function of planning. • It is not fair to property owners for them to have to invest in their private property while the threat constantly hangs over them of condemnation for public use. This threat occurs when government creates development rights that will require public infrastructure and services, but fails to plan for those public land needs. IV. Provide within the GP review a process for all communities to choose between two d4fferent development styles: suburban sprawl or compact "livable" communities. Provide realistic descriptions of the two options: including infrastructure, environmental and energy costs; cost of living; exclusionary vs. inclusionary land use patterns; traffic congestion, traffic safety, and highway costs; accessibility for those without personal autos; number and length of automobile trips required; two-lane "mainstreet and country road" transportation networks vs. "pods" along limited access, multi-lane highways; visual preference surveys; impacts on surrounding communities; protection of agnculture; and actual tax burden. Provide the Ahwahnee Principles as examples of planning principles in use by commumhes which have chosen livability. Provide presentations of plans based on livability, by qualified presenters who favor livability, as well as advocates for sprawl patterns. GP, and the plamm~g of public improvements and zoning, as per III. must then reflect community choices. Why? • The current GP has goals and policies which describe livable communities (convenience, accessibility, protection of agriculture, etc.). But the actual practice within the County and within the State Department of Transportation is to implement auto- dependent sprawl, which ~s more expensive for both the tax base and in cost of living than compact development. The public must be given real choices after comprehensive education about the actual differences. • Sprawl development, which creates singlo-occupancy vehicle commuting requires highway lane additions for which federal funding is not and will not be available. On average, it costs $30,000 in highway improvements for each commuter vehicle added to the highway. That cost will have to be shouldered to a large extent by local taxpayers if we do not make the land use/transportation pattern support alternative access. V. Make an F]ement for ACCESS, both tradiUOnal choices to give people in every community the option of anon-commuter lifestyle. shoreline and mauka access, and for bicycles and pedestrians. Incorporate in this element the detailed shoreline access plan prepared in 1979 by the Planning Department as well as provision for master planning access systems within each distnct and review of all subdivision applications for inclusion of access ways. ~1hy1 • The Department of Public Works and the State Department of Transportation both continually cite the lack of improvements or even consideration of these kinds of access ways on the failure of the County GP to provide for them. • The continuation of Hawaiian cultural practices and values regarding the public trust is one of the most valuable things Hawaii has to offer to the world culture. As such it is also of major economic value to us as a visitor destination. VI. Include geologic hazards -lava flows, earthquakes, subsidence, locally generated tsunami - as an IIement, equal to Drainage. Include measures to lower the risk to health and safety, such as downzoning to prevent further subdivision, transfer of development rights to areas of lower hazard, and special zoning designations. ~y~ • Geologic hazards affect the health and safety of the populace. Land use affects the level of risk for the population affected by the hazard and the economic health of the whole population which bears the cost of disaster, loss of public improvements, and econonuc dislocation. Denial is not an acceptable public policy. 4 Bonnie Goodell Planning for Sustainabllity P.O. Boor 8, Vobano NI 98786-0008 (808) 987-777b (fau 8206) cnwpl~r~lnt~rpro.n~t September 16, 1998 Mr Norman Hayashi Plannvtg Department, County of Hawair 25 Aupwu Street Hrlo, Hawau 96720 Subject Recap of our Mceting on Wednesday, September 1, rerteration of need for equal treatment of substandard subdivisions Dear Mr Hayashi, Thank you and Darren for the spinted drscussron of the issues regarding the substandard subdrvrsrons I think this discussion helped me to understand some sources of the "buck passing" between government agencies that perpetuates unequal treatment of these subdivisions As you know, I contend that the planning, services and basic ewnomic infrastructure that should be going to the subdivisions is being directed instead to the future developments of the politically well-connected large landowners whose market for future subdivisinns is substantially dependent upon the failure of the older subdivisions I also contend that the County of Hawau General Plea has been the pnmary vehicle for carying out this dtversion of recognition and resowces, which I and the rest of the Sustainability Committee contend is a violation of civrl nghts and environmental justice I appreciate your candidness about the role of the GP I leave perceived that the GP should comply month HRS Chapter 226, the State Plan, regwrements that "County general plans shall be formulated on the basis of sound rationale, data, analyses " It was your contention at our meeting that the GP is gwded by Section 3-6 of the County Charter, to be "A statement of the most desiable use of land "You interpreted that to duect you as a planner to plan for "what should be" under good planning, rather than condone bad planning Therefore, as you sffited, it is not the GP's role to show what is in existence, if that represents bad planning, but rather what is "desirable," so that the substandard subdivisions, as "bad planning" should not be condoned by recognition in the GP You said that you do not know the source of the DOT's data for the Hawarr Long Range Transportation Plan. One of my attachments is a letter to me from HDOT planner Julia Tsumoto addressing that issue It has bcen the Courity's contention, reiterated by you at our meeting, that HDOT, in failing to provide for transportation services and infrastructure for the substandard subdivisions, incorrectly retied on the County GP, rather than actual land use for then transportation modeling for the HI,RTP I find this confusing When I was prepanng the second draft of the Puna Community Developmem Plan, at the nine the HLRTP process was beginning, my recommendation that the Bonnie Goodell Page 2 3/7/0j subdrvis~ons be redesignated and upzoned to reflect actual use was rejected by the Plann?ng Drrector "because the County does not wish to provide them w?th services " I thank you for your rnv~tahon for me to suggest language for the GP regarding substandard subdtvrsrons and Puna I have developed a library of sample materials for describing sustarneble, hvable commumhes, and for integrating transportation end land use I attach some sample language subrmtted by me m 1995 for the CDP, and a copy of the Ahwahnee Principles, which provrde the overall goals for many of the Livable Commumtres plans across the country. However, rt is not appropriate for me as a planner to substar?Ually participate untrl I am confident that the Coutny and the State are comrmtted to extending equal treatment to the substandard subdrvrswns Sincerely, Bonnre Goodell Attachments a...,.,,. r.....,+nu Peon o anmi