HomeMy WebLinkAboutCOM 0019.002 2002-2004
12/16/2002 12:45 8089857104 FLOWERWORKS PAGE 02
P.O. Box 1185
Volcano, HI %'TS5 _ _
TESTIMONY IN OPPOSITION TO BILL 4 (CV ZONING IN V,Ql,CANO)
Chair Leithead-Todd and members of the Committee on Planning
My name is David ICimo Frankel and I am testifying in opposition to Bi114. The basis of my
testimony today is the law.
The proposed use is not consistent with the proposed zoning and for that reason alone this bill
should be defeated.
There is a principle of law expressio areius eat excfusio aCterius. In English that means, the
expression of one thing is the exclusion of another. So, if, for example I say that everything you
can do X, Y, and Z in one area, and I say that you can do X and Y in another area, the law
assumts that Z is prohibited in the second area.
Although there has been some obfuscation by Ure applicant, the record is abundantly clear that
the proposed use is for a lumberyard and a warehouse. These have also been referred to as a
lumber warehouse and an equipment rental facility. You will find these terms used by the
applicant, on the proposed site map, in the testimony and by the Planning Department.
HCC 25-4-4 provides that "Any use not listed among the permitted uses in a zoning diat~iet is a
prohibited use within that district, except as otherwise provided in this chapter."
Warehousing„ ]woa6eryards and equipment rental yards are prohibited in the CV (Commercial .
Village) district The Zoning Code provides that 48 types of uses are perrttitted in the CV
district. Lumberyards, warehousing gad equipment rental are ~ identified as uses allowed in
the CV district
Wamhousing, lumberyards and equipment rental are specifically mentioned in other districts,
however.
Warehousing, for example, is allowed in the MCX (Industrial-Commercial Mixed Use), ML
(Limited Industrial), and MG (General Industrial) districts.
Lumberyards are spec~cally authorized in the ML and MG districts.
Equipment renal is allowed in the CG, ML and MG districts.
HCC ZS-5-12'1(d) does not give the director the power to authorize a lumberyard, warehouse or
equipment rental yard in the CV district This provision only allows oats similar to the owes
identified in the CV district ~d not listed in'any other district Otherwise, it would render the
Comm. No.
File No.
Ref. To:
Ref. Date~~,(' ~__7 2002
12/16/2002 12:45 8089857104 FLOWERWORKS PAGE 03
listing of different identified uses in different districts a useless and absurd exercise by the
Council.
When the County Council passed the zoning code a few years ago, it did so after [ouch debate
and thought. The Council chose to exclude equipment rental, lumberyards aad warehousing as
permitted uses in the CV district. The County may not now authorize these uses in the CV
district without amending the Zoniag Code itself.