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Home My WebLink AboutCOM 0927.020 2004-2006 AKINAKA & ASSOCIATES, LIMITED FLOYD A ASHLSTONFORD HU&NT WRI STO STON & ING HAWAII LEEWARD PLANNING CONFERENCE BANK OF HAWAII P.O. SOX 2159 • KAMUELA. HAWAII 96743.2159 BAYS DEAVER LUNG ROSE BABA BELT COLLINS HAWAII, LIMITED BOLTON, INC. CADES SCHUTTE FLEMING & WRIGHT CASTLE & COOKE WAIKOLOA, LLC CENTEX DESTINATION PROPERTIES Statement of CENTRAL PACIFIC BANK Jacqul Hoover, President CLARK REALTY CORPORATION Hawaii Leeward Planning Conference CONSTRUCTION MGMT. & DEVELOPMENT D.R. HORTON, INC., SCHULER DIVISION DE LUZ ENTERPRISES, INC. Tuesday, 20 June 2006 -10:30 a.m. EAST-WEST CONSULTING SERVICES, LLC Sheraton Keauhou Bay Resort & Spa FIRST HAWAIIAN BANK FOREST SOLUTIONS, INC. In consideration of GREENWELL FARMS, INC. Resolution No. 381-06 HAWAII LAND COMPANY HAWAII PLANING MILL, LIMITED Relating to Postponing Action on Rezoning Applications HAWAII ELECTRIC LIGHT COMPANY In the Districts of North and South Kona until the HAWAIIANA DEVELOPMENT GROUP, LLC North and South Kona Community Development Plan HOKULI'A Is Adopted by Ordinance HOLUALOA COMPANIES HUALALAI DEVELOPMENT COMPANY IMANAKA KUDO & FUJIMOTO The Honorable K. Angel Pilago, Chair JARDINE INVESTMENT PROPERTIES, LLC The Honorable Peter Hoffman, Vice-Chair KAHUA RANCH, LIMITED Members of the Hawaii County Council Committee on Planning KAI HAWAII, INC. 25 Aupuni Street, KAMEHAMEHA INVESTMENT CORP. KAMEHAMEHA SCHOOLS Hilo, Hawaii 96720 KAUPULEHU DEVELOPMENTS KEALAKEKUA RANCH, LIMITED Advance Copy via E-mail: counciftestimonyno co.hawaii.hi.us KEALIA RANCH Advance Copy via E-mail: kapifa2oAco.hawaii.hLus KEAUHOU KONA CONSTRUCTION CORP. KITCHELL CONTRACTORS Advance Copy via E-mail: councifmanpeteAhawaii.rccom KOBAYASHI GROUP, LLC KOHALA RANCH DEVELOPMENT CORP. KTA SUPER STORES Aloha Chair Pilago, Vice-Chair Hoffman and Members of the Hawaii County LANIHAU PROPERTIES, LLC Council Committee on Planning: UORANGE & ASSOCIATES LYNCH HAWAII DEVELOPMENT, LLC M & E PACIFIC, INC I am Jacqui Hoover, President of the Hawaii Leeward Planning MacFARMS OF HAWAII Conference (HLPC) Whose seventy-five members are committed to sound MARYL GROUP, INC. planning, wise use of our resources, and effective government process. MAUNA KEA PROPERTIES, INC. MAUNA LANI SERVICE, INC. McCANDLESS LAND & CATTLE COMPANY Numerous members of HLPC and I, have and WIII continue to, McCORRISTON MILLER MUKAI McKINNON participate in the Kona Community Development Plan (CDP) process which MENEHUNE DEVELOPMENT COMPANY, INC. provides the opportunity for public input towards specific areas and issues for MOOERS ENTERPRISES, LLC implementation within the broader umbrella of the Hawaii County General Plan. THE NATURE CONSERVANCY OF HAWAII OKAHARA & ASSOCIATES, INC. During this process, we have heard and indeed voiced our own frustration and PA'AHANA ENTERPRISES, LLC concerns about insufficient infrastructure, congestion and other issues related to PACIFIC RESOURCE PARTNERSHIP both the current situation and future growth. PARKER RANCH PBR HAWAII If this resolution is being stimulated in part by such concerns, then we PONOHOLO RANCH, LIMITED THE QUEEN EMMA FOUNDATION would ask the Council to consider both the stimuli and responses in a THE QUEEN LILI'UOKALANI TRUST comprehensive manner. For example, at present, it is unclear how R.M. TOWILL CORPORATION postponement of rezoning applications pending updating and implementing by RIEHM OWENSBY PLANNERS ARCHITECHTS ordinance, the CDP for North and South Kona, will address existing RYAN ASSOCIATES SAM O. HIROTA, INC. infrastructure concerns without discussion of both short-term (to meet current SURETY KOHALA CORPORATION needs) and long-term (to meet needs stimulated by future growth), commitment TITLE GUARANTY ESCROW SERVICES, INC. to and funding of, identified infrastructure requirements. This delay is TSA CORPORATION disconcerting especially when one considers that there does not appear to be a WAIMEA WATER SERVICES, INC. mandated time frame specifying when "the North and South Kona Community WASTE MANAGEMENT OF HAWAII WATER RESOURCES INTERNATIONAL, INC. Development Plan is adopted by ordinance." WES THOMAS ASSOCIATES WEST HAWAII CONCRETE Whereas Resolution 381-06 does not provide a mechanism for dealing WILSON OKAMOTO CORPORATION with the causes of existing traffic congestion, rezoning often does include WIMBERLY ALLISON TONG & GOO mechanisms for providing roads, water systems, school and commercial sites, and other infrastructure. Such opportunities may be lost to the community if Jacqul L. Hoover consideration of rezoning applications is delayed by this resolution. For President example, one way to deal with congestion is to encourage commercial and shopping development in areas closer to existing residences to lessen commute P.O. BOX 2159 time and distances, thereby eliminating some of the traffic on main roads, and KAMUELA, HAWAII 96743 such opportunity may come through rezoning. Z's'LO TEL: 808.885.9588 Comm. No. FAX: 808.885.9590 Ref. Tom hipc@hawaiiantel.net Ref. Date As the County and State continue to look at planning and land use, this resolution rather than providing much needed clarity and consistency, appears to support erosion of property rights through poor definition thereby increasing the level of uncertainty for land development, and effectively transferring rights to use of property from the property owner through the political process, to the general public. The issue at hand is related specifically to resource distribution. An excerpt from an article titled "Growth Management in Florida, Lessons for the National Economy" written in 1990 which reviewed Florida's Growth Management Act, speaks directly to this and states, "When resources are allocated through the private sector of the economy, distributional issues are secondary because all parties have an incentive to structure trades so that everyone gains. Otherwise the trade would not take place. When resources are allocated through the public sector, distributional issues are important because, unless unanimous consent is required, there is always the possibility that some individuals will impose costs on other non- consenting individuals through the political process." In other words, by transferring property rights from property owners to the public domain, property owners are subjected to political decision making and "as a result, rights that were at one time more clearly defined become more poorly defined, and the problem of common ownership arises." This is important to the current discussion as one considers other desired outcomes of the CDP including and not limited to, affordable housing. An unintended consequence for consideration is whether this resolution may encourage existing property owners to keep develop-able land scarce thereby maintaining (and exacerbating) high property values that discourage development and have a negative impact on affordable housing (both rental and for purchase). One should also consider unintended consequences and negative impact that may result from deferring such decision- making exclusively to Kona. For example, would this moratorium on rezoning encourage developers to look at areas outside North and South Kona, thereby increasing problems and encouraging sprawl into other regions of the island where CDPs are not expected for several months and/or years after Kona's CDP Steering Committee has made its recommendations? In the past, you have heard me quote Thomas Jefferson who said that there are times when "Delay is preferable to error." I suggest that in this case, postponing Council action on rezoning applications would in fad be the "error." The delay which would be preferable to this error, is for Resolution 381-06 to be held in its present form and for a comprehensive review to be conducted of both the stimulus (i.e. growth management), and response (i.e. the tools available that have allowed other jurisdictions to successfully manage growth and its related issues). The Hawaii Leeward Planning Conference welcomes the opportunity to partner with the Council and others to identify tools for consideration such as, including and not limited to, planning techniques and financing mechanisms. Thank you for the opportunity to express our views on this matter. Respectfully submitted, ytA,t 2.4w 4A__ JaUcquii L. Hoover, President Hawaii Leeward Planning Conference Jacqui L. Hoover Page 2 6/19/2006 C:\DOCUME-1\KEOFF\LOCALS-1\Temp\060620 Testimony Rose 381-06 E-mail.doc