HomeMy WebLinkAboutCOM 1090.012 2004-2006
Testimony in Favor of Res. 465-06
Changing the zoning of the Waimea Pu'u is a pilot project of the Waimea
Community Development Plan (CDP) Committee. The intent of the project is to
encourage participation in government by community members in order to achieve a goal
on which there is widespread community consensus.
Res. 465-06 requests that the Planning Director initiate a zoning code amendment
for State-owned parcel 6-5-001:020 by March 1, 2007. We are confident that the
Planning Director's investigation of the situation will show that zoning of the parcel to
prevent development is appropriate for the following reasons:
• Counties may determine minimum lot sizes in agricultural districts
• Development rights under the existing zoning have not become vested
• Down-zoning does not deny "all economically viable use" of the parcel
• Down-zoning advances important government interests
• Down-zoning is consistent with the Hawai'i County General Plan
• The State and County must "preserve and protect" native Hawaiian rights
Counties May Determine Minimum Lot Sizes in Agricultural Districts
While it is true that the State can make the final determination of allowable land
uses, current State law allows the counties to set minimum lot sizes in agricultural
districts. Thus, down-zoning by changing minimum lot size is specifically authorized by
State law. As suggested during the Council Planning Committee meeting, the Waimea
CDP Committee is seeking a concurrent resolution from the State Legislature in support
of the proposal.
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Development Rights under the Existing Zoning Have Not Become Vested
The State has not made substantial investments in good faith reliance on being
able to obtain a final discretionary permit to develop the parcel. Moreover, only a portion
of the parcel is currently zoned A-I a. The existing grazing lease to Parker Ranch
mandates investments in fencing and development of a livestock water supply. These
investments are consistent with down-zoning.
Down-Zoning Does Not Deny the State "All Economically Viable Use" of the Parcel
An Agricultural (A-500a) zoning classification allows the State to use the parcel
as it has been used for over 30 years, for grazing. It will also allow use of some or all of
the parcel as a park and for historic preservation of the Hoku'ula Battleground, but only if
these uses are determined to be appropriate by the property owner, the State.
Down-Zoning Advances Legitimate Government Interests
The parcel is the site of a decisive battle (circa 1650 A.D.) in the first major war
between the Kingdom of Maui and the Kingdom of Hawaii. The Hoku`ula Battleground
was listed on the Public Access, Open Space, and Natural Resources Preservation
Commission's 2006 Properties and/or Entitlements for Partnership List for "preservation
for recreational purposes," with the recommendation that this "important historical site
should be on the State and National Registers for Historic Sites." Volunteers have begun
work on preparing an application for listing the site on the State and National registers
with the encouragement of the State Historic Preservation Office. Subdivision of the
parcel into $500,000 lots would not advance a legitimate government interest.
Runoff from the parcel alone currently causes significant flooding to residential
properties along Hoku`ula Rd., Lindsey Rd. and Opelo Rd. Development would increase
runoff rates and volumes. Moreover, much of the parcel is too steep to develop safely.
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Down-Zoning is Consistent with the Hawai'i County General Plan and Other Plans
The 2005 Hawaii County General Plan states that "[t]he pastures and pu`u
immediately above Waimea Town have been identified as a vista of exceptional natural
beauty." Tthe 1992 Northwest Hawaii Regional Plan identifies the Waimea pu`u as
"significant cinder cones" and recommends that "these distinctive geological features
should be preserved and protected." The Waimea Design Plan adopted by the Hawaii
County Council in 1986 lists as one of its design objectives "to preserve views toward
distant focal points including Mauna Kea, Mauna Loa, adjoining pu`us and Kohala
Mountains."
The State And County Must "Preserve And Protect" Native Hawaiian Rights
Hawaiian legends identify the parcel is a sacred place. It continues to be used by
Native Hawaiians for traditional gathering purposes, and by local hunters who traverse
the parcel to access the Waipi`o Valley Rim Trail and hunt in the Kohala Forest Reserve
The Hawai'i Constitution obligates the State and County to "preserve and protect" Native
Hawaiian rights to the extent feasible. The Hawaii Supreme Count has decided that to do
so does not effect a regulatory taking.
The Waimea CDP Committee with work with the Planning Director in gathering
whatever information he needs to support the proposed ordinance. Please vote to protect
this sacred place by voting for Res. 465-06.
Thank you for your attention.
Bob Hunter, Waimea CDP Committee Chair
P.O. Box 2709, Kamuela, HI 96743
808-885-4194
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