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Home My WebLink AboutCOM 0019.001 2006-2008 DEC-19-2006 08:41 RM HOOVER TWY 808 885 9691 P. 01 WAWAiI LEEWARD PLANNING CCENFEAENCE TRANSMITTAL SHEET .rrwrcv.. am.:•sma....r~, -..•wr~..~ r" T0: COMMTITlF ON PLANNING i=RDM: )ACQUI FIOOVER, pRE510ENT HAWAII COUNTY COUNCIL HAWAII l.t:F:WARO PIANNING CONFERENCE FAX: 808.961.8912 PH(')NE. AOA.88SA5AA ece.329.0786 DATE: ].9 DECEMBER 2006 NUMBER OF PAGES: FIVE (U5) INCLUDING I NIS COV13R pgC,E SUBIECT: RESOLUTION NOS, I6-07 AND 17-07 v RELATING TO DELAY ON RE20NING ~URGEN7 p FOR REVIEW O PLEASE COMMENT CJ PLEASE REPLY r.I AS p75C1155ED NOTE The attachetl being retransmitted {first transmission -Sunday December ~6`~. PLEASE SEE ATTACHED TESTIMONY IN OPPOSITION TO RESOLUTION NOS. 1®-07 and t7.07. rv c>> ~ ^ f"+"I n ; ~ CL' t15 11 l; *I S:Fi ~t - 'A -,7 .~-s-- ®.~.emwvs.=_-m~nwrserv-=~~..~o•wc...: ::?_s.-. Comm. No. Ref. To: Ref. Uate DEC-19-2006 08:41 AM HOOVER TWY 808 BB5 9691 P. 02 HAWAII LEEWARD PLANNING CONFERENCE ~ Pc. e0%2i4B ~ iiANU[lt YMWAY Aa]4y414A ~ ~ GEC I9 f?~I 9 ~7 8tatemerd oT . Jacqui Noovsr, President '..~l.ivi F,, ~._,I Mawall leeward Planning ConTarence - Tueeday, 18 December 2008 8:00 a.m. Shsraton Keauhou rSay Raaort 6 Spa 78-129 Ehukal stn»t. Kellua•Kona, FII m consitloratlon ci Raeolutlon No. 18-07 Proposing To Temporarily Daley Counoil Action on Rezoning Appllcatlona In the Oistricq of North and Eouth Kona until the North and South Kona Community Developnrent Plan Is AtlophM by OMinance, or Until Aprl11, 2007, Whichover 8hatl Occur First The Honorable K. Angel Pllago, Chair Tha Honorable Dominic Yagong, VICe.Chair end Members of the Hawaii County Council Committee on Planning 25 Aupunl Street, A vance CORV Via FatSimi (9081 B6~Q§~,Z Hilo, Hawaii 86720 [{gyZ~g~Qgy F'acsjptilc_l.@D9i.3233IflF Aloha Chair Pllago, Vice-Chair Yagong and Members of the Hawaii Coi.lnty Council Committee on Planning: I am Jacqui Hoover, President of the Hawaii Leeward Planning Conference (HLPC) whose members are committed to sound planning, wise use of our resources, and effective government process. Numerous members of the HLPC and 1 have, and iNill continue to participate in the Korla Community Development Plan (CDP) process which provides the opportunity for public input towards spei:fiic areas and issues for implementation within the broader umtrella of the Hawaii County General Plan. During this process, we have heard and indeed voiced our own, frustration and G~ncernx about insufficient infrastructure, congestion aril other issues related to both the current situation as well as, that which is being stimulated by future growth. If this resolution is being stimulated in part by Such concems. then we would ask that the Counral consider both the stimuli and response(s) in a comprehensive manner. At present, it is unclear how postponement of rezoning pending updating and implementing by ordinance, the CDP For North and South Konra, will address existing infrastructure concems absent discussion of both short-term (to crest current needs) and long-term (to meat needs stimulated by future growth), commitment to and funding of, identified infrastructure requirements Rezoning often provides a mechanism Por providing roads, water systems, school and commercial sites, and other irMrestnldure that may be lost to the community if consideration of such rezoning applications, are delayed by this resolution. the resolution does not provide a mechanism for dealing with the causes of existing traffic congestion. One way to deal with congestinn is to encourage commercial and shopping development in areas closer to existing residences to lessen commute time and distances, thenlby eliminating some of the traffic on main roads. This theme is one that has been discussed at many of the t;DP meeCngs (including working groups) in which I have participated. IIIYSI~rw _ ¦ YrYYriwu DEC-19-200E~ 08:42 RM HOGVER TW'f 808 8£:5 9693 P. 03 To enact "no growth" /moratorium-based legislation effectively ensures that we will always be faced with "catching up" while excluding the vary stakeholders (developers and land owners) who can best provide us with the opportunities and resources for RESPONSIBLE Growth and Development. Responsible growth and devralopmant Is what we should be striving for to ensure that we can provide the opportunity for a lifestyle consistent with our General Plan as well as, our hopes and desires for our children, their children and future gsneretione. To establish that growth and development is conducted in a manner that ~s rosponsible, sustainable, and embraces "collective responsibility", it is important that AI_.L stakeholders including developers arxi land owners be engaged in the process. Rather than providing much needed clarity and Consistency, the resolution appears to erode property rights through poor definition, thereby increasing the level of unCertairny for land deveopment, and effectively transferring rights t0 use of property from the property owner through the political pracess, to the general public. The problem eppeare W be related specifically to resource distribution. An excerpt from an article titled "Growth Management In Florida. Lessons for tf±e National Eoonomy" written in 1990 that reviewed Florida's Growth Management Act speaks directly to this and states "When resources aro 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. Othervvise the trade would not take plal:e. 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 casts on other non-consenting individuals through the political process." In other words, by transfercing property rights from property owners to the public domain, property owners are subjected to political decision making and "as a result, rights th+st ware at one time more clearly defined became more poorly defined, and the problem of common ownership arises". This is important to the 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 developable land scare thereby maintaining high property values that discourage development thereby Creating a negative impact on affordable housing (both rents{ and for pultihase). One should also consider unintended consequences aria negative impart that may result from deferring such decision-making exclusively In Kona. For example, would foie moratorium on rezoning encourage developers to look at areas outside North and South Kona, thereby exacerbating problems and encouraging sprawl into other regions of the island where CDPS are not expected for months andror years after Kona's CDP Steering Committee has made its recommendations To quote Thomas Jefferson, "Delay is preferable to ercor" I contend that in this case, the delay on rezoning would in fad, be th• ercor and that the delay that would be preferable to th+s error is for Resolution 16.0'/ to be held in its present form, sod that efforts be undertaken to work with ALL stakeholders to enhance collaborative shorts to fe:hr growth and development that Is collectively responsible and roaponslve. Mahalo fpr the opportunity to express our views on this matter. Respectfully submitted, NAWAII LEEWARD VLANNSNQ CONI'ERFNCe V.O. 50x 7150, SAMUELA, NAWArI 911743 PNONli Wt.p5.05Y FAXi eDa.aa9.05eQ I?l~tlcNbataL05t 2 DEC-19-2006 08:42 RM HOOVER TWV 909 685 9691 P. 04 HAWAII LEEWARD PLANNINt3 CONFERENI.E' PU nU%71~Y • IWMUiIA, NAW/JI Oi/~?alall i<~~s oe~ is s ~.,r. . Stetemant of ~CUri i . ~I,il Jacqul Hoover, Preeitlent Hawaii Leeward Plannlnp Conference Tuesday. 18 December 2008 9;00 a.m. Sheraton Keauhou 13ay Reeort b Spa 76.128 Ehukai Street, Kailua•Kona, HI In consltleratlon of Resolution No. 17-01 Proposing To Temporarily Dday Counoll Action on Rezoning Applications in the Dletrict or $ottth Kohala until the South KoAals Communhy pevelapmsnl Plan b Adopted by Ordinance, or Until Januarys, 2006, Whichever 8hail Oxur Firal; The Honorable K. gngel Pllago, Chair The honorable Dominic Ysgonp, Vici~•Chxir and Members otthe Hawaii County Council Commmee on planning 25 Aupuni $trod, Advance Conv Vie facaimAe f6C81, 61-8~1~ Hilo, Hawaii 8672D Advance Coav Via Facslmlle BOtI 4-47BG .1._...1.3.-- Aloha Chair Pilago, Vice-Chair Yagong and Members of the Hawaii County Council Committee on Planninc I am Jacqui Hoover, President of the Hawaii Leeward Planning Conference (HLPC) whose members are committed to Sound planning, wise use of our resources, and effective govemrnent process. Numerous members tN the HLPC and I have, and will continue to participate in the Waimea, Waikaloa, Kawaihae, and North Kohala CDP Preparodness ar•d the Kona Communky Development Plan (CDP) processes which provide the opportunity for public input towards specific areas and issues for implementation within the broader umbrella Of the Hawaii County general Plan During these processes, we have heard and indeed voiced our own, irtlstration and concerns about insufTicient infrastructure, congestion and other issues related to both the current situation as well as. that which is being stimulated by future growth. It this resolution is being stimulated in part by wch concerns, than we would ask that the Council consider both the stimuli and rosponse(s) in a comprehensive manner. At present, it is unGear how poatponemerd of rezoning pending updating and implementing by ordinance, the CDP for South Kohala, will aodross existing infrostruCture concems absent discussion of both short-teml (to meet current needs) and long-term (to meet needs stimulated by future growth), commitment to and funding of. identified infrasknlcture requirements Rezoning often provides a mechanism for providing roads, water systems, school and aommeroial sites, and other infrastnltXure that may be lost to the community if considaratiort of such rozonirtg applications, are data+fed by this resolution. 7ha resolution does not provide a mechanism for dealing with the causes at existing traffic congestion. One way to deal with congestion is to encourage commercial artd shopoing developmertt in areas closer to existing residences to lessen commute time and distances, thereby eliminating some of the traffic on main roads. DEC-19-200E 00:43 qM H004ER TWY 80$ B05 9691 P. 05 To enact "no growth" lmorat,Drium-based legislation etYect<voly ensures that we will always ba faced with "catching up" while excluding the vary stakeholders (developers and land owners) who can best provide us with the opportunities and resources for RESPONSIE3LE; Growttr and Development. Responsible growth and development is what we shaald be striving for to ensure that rNe can provide the opportunity for a lifestyle conslstant with our General plan as Well as, our hopes and desires for our children, their children and e~ture generations. To establish that growth and development is conducted in a manrxsr that is responsible, sustainable, and embraces "collective responsibility", it is important chat ALL stakeholders including develoners and land owners be engaged in the process. Rather then providing much needed clarity and consistency, the resolution appears to erode property rights through poor definition, thereby increasing the level of uncetteinty for land development, and effectively Vansferring rights to use of property from the property owner through the political process, to the general public. The problem appears to be related specifically to resource distribution. An excerpt from an article titled "Growth Management in Florida, Lessons for the National Economy" written in 1990 that reviewed Florida's Growth Management Act speaks directly to this and states "When resources are allocated thrdagh the private sectnr of the economy, distributional issues era sewndary because all parties have an incentive to structure trade! so that everyone gains. pttteryvise the trade weuld not take place. VVhan resources ere 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 casts on other non-consenting fntlivitluals through the political process." In other words, by transferring property rights from property owners to the public domain, property owners ere subjected to political decision making and "as a result, rights that were at one time mare Dearly defined become more poorly defined, and the problem of common ownership arises". Thos fs important to the discussion as one considers other desired outcomes of the GDP including anti not limited to, affordable housing. An unintended consequence far consid~Emation is whether this resolution may encourage eriating property owners to keep developable land scare thereby maintaining high property values that discourage development thereby creating a negative impact on aNOrdable Housing (both rental and far purchase). To quota THOmas Jefferson, "Delay is preferable to error". I contend that in this case, the delay on rezoning would in fact, be the error end tHat the delay that would be preferable, to this error is for Resolutlan 17-Q7 to be Held in its present form, and that efforts be undertaken to work with ALL stakeholders to enHanee collaborative efforts to foster growth and development that is collectively responsible and respona+ve. Mahalo for the opportunity to express our views on this matter. Respectfully submitted, HAWAII LlLWARD PLANNiNC CONFRRRNC! P.O. Wx 216Y, KANU{U1, HAWAII P0748 ?HONli eoeass.asas FAxi aa,ua.vsoo hlasatuwsuantsl.ma 2