HomeMy WebLinkAboutCOM 0557.005 2008-2010
Murashi a Laura (V M . 55 -7 PIC014mca
From: Geri_Bell@nps.gov r
Sent: Tuesday, November 03, 2009 11:45 AM`t"'` °
To: counciltestimony@co.hawaii.hi.us
Cc: Sallie_Beavers@nps.gov
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Subject: Testimony - Bill 156
Importance: High COUNTY '.')F HA4IA1
Attachments: 2009-11-4_NPS_Testimony_CountyCouncil_RE_GeneralPlanAmendment_Kealakehe.doc
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2009-11-4 NPS Te
stimony_County...
Attached is testimony on Bill 156 for tomorrow's Council meeting. Please
call me at 329-6881 X7 if you have any questions. Mahalo!
(See attached file:
2009-11-4 NPS Testimony CountyCouncil RE GeneralPlanAmendment Kealakehe.doc)
Ref. To:~iUbtA'lU
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United States Department of the Interior
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NATIONAL PARK SERVICE
esggCN a-~en9 Kaloko-Honokohau National Historical Park
734786 Kanalani St., Suite 14
IN REPLY REFER TO: Kailua-Kona, HI 96740
November 4, 2009
HAWAII COUNTY COUNCIL
PUBLIC TESTIMONY OF THE NATIONAL PARK SERVICE,
Superintendent Geraldine K. Bell, Kaloko-Honokohau National Historical Park
Regarding the Proposed Amendment to the County of Hawaii General Plan Land Use Pattern
Allocation Guide Map 11.
Aloha Mr. Chairman and Council Members:
Thank you for this opportunity to provide the comments of the National Park Service to you
today. I'm Geri Bell the Superintendent of Kaloko-Honokohau National Historical Park. The
National Park's southern boundary adjoins the lands included in the proposed amendment to
Map 11, including 15 and a half acres of State lands in the Kealakehe ahupua'a. Kaloko-
Honokohau is one of 391 areas in the National Park System established by the Congress of the
United States for its nationally significant cultural and natural resources. The National Park
Service is strongly supportive of the proposed amendment to change the land use designation
from "Urban Expansion" to "Open", especially those lands immediately adjacent to the National
Park boundary. I previously submitted a detailed letter to the Planning Director in support of this
amendment, and testified before the windward and leeward Planning Commissions and the
Council Planning Committee.
The National Park Service and the County of Hawaii share a commitment to care for and
preserve our cultural and natural resources, and values for the people of Hawaii and the United
States. Kaloko-Honokohau was created in 1978, through the efforts of this community, to
preserve, interpret, and perpetuate traditional Hawaiian activities and culture. In particular, the
community was concerned that this place of great significance to Hawaiians would be lost to
urban development. These concerned citizens prevailed in 1978, but even today the imminent
threat to the Park's resources from urban development continues. Any large-scale development
project on lands adjacent to the National Park will significantly impact its cultural landscape,
traditional and customary practices by native Hawaiians in the Park, and cultural and natural
resources.
In 1974 the Hono-kohau Study Advisory Commission recommended in their report to Congress,
`The Spirit of Ka-loko Hono-kohau," that the Honokohau Settlement National Historical
Landmark (NHL; designated in 1962) and its adjacent waters be preserved for the benefit of the
Hawaiian people and the nation as part of the National Park System. Even at that time, the early
1970's, in their recommendations to Congress, the Advisory Commission was concerned about
future land use adjacent to the National Park. They stated:
"Furthermore, since most of the land in the ahupuaa of Ke-ala-kehe is owned by the
state, its use will have direct impact on Ka-loko, Hono-kohau. Finally, lands that are
designated or owned by the state in the area should be given special zoning limiting
their uses to activities compatible to a cultural park. The County General Plan and
zoning ordinances of the area should limit the uses of the lands immediately
surrounding Ka-loko, Hono-ko-hau to compatible activities. Lands further mauka
should be restricted in density in order to preserve the integrity of the park and protect
its water resources." (p.54)
The Advisory Commission report and the 1994 General Management Plan/Environmental
Impact Statement for the Park point out that Kaloko-Honokohau is a small and fragile portion of
the larger environment that has influenced its history, and that continues to affect it today. The
enabling legislation of the National Park (16 USC 1 5396d et seq.) states that the Park shall be
administered generally in accordance with the guidelines provided in the 1974 Congressional
report, and that management "shall to the maximum extent feasible utilize the traditional Native
Hawaiian ahupua'a concept of land and water management." The Commission reminds us:
"Each ahupua'a developed around a recognition that all of its elements were
interdependent. What affected the mauka regions, affected the makai. What affected the
neighboring ahupuaa affected it. What affected the land affected the fishponds and the
sea. What affected the water cycle affected the total environment. This is the way it was
and is at Ka-loko, Hono-ko-hau." (p. 51)
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The National Park Service is seriously concerned that urban development projects on lands
adjacent to the National Park and National Historic Landmark, especially the cumulative effects
of these projects, will result in long term degradation of the National Park, threaten the integrity
of the Honokohau Settlement NHL, and further diminish the rapidly disappearing Hawaiian
cultural landscape. Large-scale urban development adjacent to the National Park will
fundamentally alter the water, air, sounds, sights, and traditional and customary practices by
native Hawaiians in the Park and the NHL. Water quality and quantity will be altered forever by
fresh and brackish groundwater withdrawals, and non-point source pollution inputs; the air will
be filled with construction dust, and the smells of cars and restaurants; the natural sounds in the
Park will be impacted by heavy machinery, automobiles, and the incessant hum of air
conditioning. Development on these lands will be visible day and night from the National Park,
forever degrading Park cultural landscape and vistas.
The urban expansion foreseen by the Advisory Commission 35 years ago is now underway. This
Proposed Amendment of the General Plan provides a rare opportunity for outright protection and
preservation of the last remaining undeveloped coastal lands and resources around the Park to the
benefit of all citizens of Hawaii and the United States.
As you are well aware, commitment of coastal lands for development has irreversible and far
reaching consequences. The National Park Service greatly appreciates your careful consideration
of zoning of these sensitive and fragile lands. The National Park Service strongly supports,the
Proposed Amendment, and we respectfully urge the County of Hawaii to take a further step and
increase the proposed area of "Open" designation in the General Plan to more closely reflect the
current zoning of "Open" for makai coastal lands. Preservation of coastal open space will benefit
the quality of life in the Kona community, Native Hawaiian values and traditional and customary
practices, and nationally significant natural and cultural resources. Mahalo for this opportunity to
speak to you on this important issue.
&,L L. ~E- U J_
Geraldine K. Bell
Superintendent
DATED: 3 November, 2009, Kailua Kona, HI
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Examples of incentive measures include property tax exemptions such as for
agricultural or native forest dedications, expedited permit processing, density
bonuses, and discounted facility fees. Community Development Plans shall
consider appropriate incentive measures to achieve various objectives, as
applicable.
• Acquisition actions. Where significant resources are located on private
property, it may be more appropriate for government to purchase the development
rights or fee simple title rather than to severely regulate the owner's use of the
property. Obviously, purchasing in reaction to development proposals is
expensive. The Community Development Plans shall identify acquisition
priorities, as appropriate, and seek means to leverage financing by working
creatively with the landowner, other levels of government, land trusts, and/or
nonprofit groups.
• Capital budgeting actions. The County annually prepares a capital
improvements budget where public facility projects (new construction or major
repairs) are identified. The budget is accompanied by a six-year capital
improvements program (CIP). The CIP process is explained in more detail below.
The Community Development Plans shall identify and prioritize public facility
projects important to the community. The CIP shall take into consideration the
recommendations in the Community Development Plans, recognizing that the CIP
must reconcile competing interests for a limited amount of funds.
• Programs. Certain community needs do not necessarily require land or a
new facility, but rather a focused commitment of time and money towards
achieving specific objectives. These operational projects are referred to as
programs. Examples include an after-school youth program, neighborhood watch
program, or mediation training program. Too often, resources are diverted to
studies that could be more effectively used for pilot programs that actually try to
achieve results and provide lessons through action. Community Development
Plans shall identify desired programs and the community's role in planning and
implementing the programs.
• Development/Redevelopment. In very special situations, it may be
appropriate for government to take the lead and act as developer either singly or
i as a public/private partnership. These situations arise when the private market
fails to address certain needs, such as very low income housing, or when the
situation is quite large-scale, complex, and especially requires government's
power of eminent domain to assemble land for redevelopment. Community
Development Plans shall identify desired projects for public development or
redevelopment, and shall coordinate input from appropriate agencies such as the
Office of Housing and Community Development or the U.S. Department of
Housing and Urban Development."
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SECTION 2. Ordinance No. 05-25, as amended, is amended by amending section 16. 1,
relating to Comprehensive Review of Amendments to the County of Hawaii General Plan, to
read as follows:
"16.1 COMPREHENSIVE REVIEW
(1) The Planning Director shall initiate a comprehensive review of the General Plan and
prepare a set of recommended amendments for [review] independent review by the
[Planning Commissio ] Windward and Leeward Planning Commissions and then
adoption by the County Council. The recommended amendments shall be submitted to
the County Council not more than ten years after the date of adoption of the previous
amendments resulting from a comprehensive review.
(2) The Planning Director shall give notice of the comprehensive review to the County
Council, [Planning Commissio ] Windward and Leeward Planning Commissions, and
the general public. The notice shall state:
(a) The general scope of review;
(b) The opportunity for the County Council, [Planing Co missio ] Windward and
Leeward Planning Commissions, and the general public to provide their comments
and suggestions to the Planning Director; and
(c) The initiation date, general sequence of events, and time for completion of the
review period.
(3) The Planning Director shall establish a deadline for Council-initiated amendments
during the comprehensive review which shall be not less than 120 days after the initial
notice under section 16.1(2). The County Council may initiate such amendments by
resolution.
(4) The Planning Director shall conduct public workshops on amendments proposed by the
Planning Director and by the County Council.
(5) The public shall be afforded 21 days from the date of the last public workshop to
provide comments to the Planning Director.
(6) The Planning Director shall then submit the amendments proposed by the Planning
Director and by the County Council to the [Planning Commission f 6f its feview and
efid Windward and Leeward Planning Commissions for their independent
review and separate recommendations within 30 days after the public deadline to
submit comments to the Planning Director. The Planning Director shall make a
recommendation on any Council-initiated amendments.
(7) The Planning Director shall notify a property owner of a proposed amendment that
would redesignate its property to Open or Conservation, unless the property is already
designated Conservation by the State Land Use Commission. Notice shall be given not
less than 21 days before the first Windward or Leeward Planning Commission hearing
on the proposed amendment.
(8) The [Planning Commission] Windward and Leeward Planning Commissions shall
conduct and complete [its revie"] their independent review on the proposed
amendments to the General Plan, and shall both submit [its] their separate
recommendations, within 150 days from the date of receipt of the proposed
amendments from the Planning Director.
(9) The [Planning G^ffimission] Windward and Leeward Planning Commissions shall each
recommend approval of the proposed amendments, in whole or in part, recommend
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changes, or recommend the rejection of the proposal for changes to the General Plan. If
[thy Planning Com mission.] either fails to act on a proposed amendment within the
required period, it shall be deemed a negative recommendation from that planning
commission only. If both fail to act on a proposed amendment within the required
period such failure to act shall be deemed a negative recommendation from both
planning commissions.
(10) The County Council shall review the amendments submitted and the [r°^^mmenda
separate recommendations of the [Planning C'^mmissio n] Windward and Leeward
Planning Commissions and adopt an amended General Plan. The County Council may
make modifications, deletions, or additions to the proposed amendments as it may
deem necessary, within the general intent and subject matter of the proposed
amendments, in accordance with its rules of procedure. However, any County Council
change to a proposed amendment which substantially changes the general intent or
subject matter of the proposed amendment, such as newly adding or deleting a goal,
policy, or course of action, or standard, or a map amendment which changes a land use
designation of a parcel, shall be considered an entirely new proposed amendment. Such
a new amendment proposed at this stage shall not be processed as part of the ongoing
comprehensive review, but shall be processed as a new interim amendment pursuant to
Section 16.2."
SECTION 3. Ordinance No. 05-25, as amended, is amended by amending section 16.2,
relating to Interim Amendments to the County of Hawaii General Plan, to read as follows:
"16.2 INTERIM AMENDMENTS
(1) The County Council may initiate interim amendments to the General Plan at any time,
except during the comprehensive review pursuant to the following procedures:
(a) The County Council may, by resolution, request the Planning Director and
[Planning Commissio ] Windward and Leeward Planning Commissions to
independently review and make r mendatio ] separate recommendations on
a proposed amendment.
(b) The Planning Director shall have 60 days or a longer period, as may be agreed to by
the County Council, to submit a recommendation on the proposal to the [fig
Commission fr its feview fi r ndati^n.] Windward and Leeward Planning
Commissions for their independent review and separate recommendations. The
Planning Director's recommendation may include suggested changes consistent
with the general intent of the proposed amendment, and the Planning Director shall,
if requested by County Council, prepare a draft ordinance to implement the
proposed amendment.
(c) The Planning Director shall notify a property owner of a proposed amendment that
would redesignate its property to Open or Conservation, unless the property is
already designated Conservation by the State Land Use Commission. Notice shall
be given not less than 21 days before the first Windward or Leeward Planning
Commission hearing on the proposed amendment.
(d) [The Planning Commissi ] Each planning commission shall consider the proposed
amendment at no less than two meetings, and shall make [Als feee ffiend tion] their
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separate recommendations on the proposed amendment to the County Council
within 60 days from [ids] their receipt of the Planning Director's recommendation.
(e) If [the planning r^mmissi ] either planning commission fails to act within the
required period, it shall be deemed a negative recommendation[...] from that
planning commission only. If both planning commissions fail to act on a proposed
amendment within the required period, such failure to act shall be deemed a
negative recommendation from both planning commissions.
(I) The County Council may make modifications, deletions, or additions to the
proposed amendments as it may deem necessary, within the general intent and
subject matter of the proposed amendments, in accordance with its rules of
procedure. However, any County Council change to a proposed amendment which
substantially changes the general intent or subject matter of the proposed
amendment, such as newly adding or deleting a goal, policy, or course of action, or
standard, or a map amendment which changes a land use designation of a parcel,
shall be considered an entirely new proposed amendment and submitted to the
Planning Director and [Plane ing Commission] the Windward and, Leeward
Planning Commissions for their review and [Fee mendation.] recommendations.
(2) Planning Director
(a) The Planning Director may initiate an interim amendment to the General Plan at
any time other than during the comprehensive review.
(b) The Planning Director shall conduct a workshop on the proposed amendment prior
to submitting it to the [Planning Windward and Leeward Planning
Commissions.
(c) The Planning Director shall submit the proposed amendment to the [Planning
CoffiP issioN for its review and r ndat Windward and Leeward Planning
Commissions for their independent review and separate recommendations.
(d) The Planning Director shall notify a property owner of a proposed amendment that
would redesignate its property to Open or Conservation, unless the property is
already designated Conservation by the State Land Use Commission. Notice shall
be given not less than 21 days before the first Windward or Leeward Planning
Commission hearing on the proposed amendment.
(e) [The Planning Commis ] Each planning commission shall conduct and complete
its independent review on the proposed amendments to the General Plan, and shall
submit its separate recommendations, within 120 days from the date of receipt of
the proposed amendments. If [the Plannin mss either planning
commission fails to act within the required period, it shall be deemed a negative
recommendation[...] from that planning commission gn1 . If both planning
commissions fail to act on a proposed amendment within the required period, such
failure to act shall be deemed a negative recommendation from both planning
commissions.
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(f) The County Council may make modifications, deletions, or additions to the
proposed amendments as it may deem necessary, within the general intent and
subject matter of the proposed amendments, in accordance with its rules of
procedure. However, any County Council change to a proposed amendment which
substantially changes the general intent or subject matter of the proposed
amendment, such as newly adding or deleting a goal, policy, or course of action, or
standard, or a map amendment which changes a land use designation of a parcel,
shall be considered an entirely new proposed amendment and processed as a new
interim amendment pursuant to section 16.2(1).
(3) General Public
(a) Consistent with the County Charter, a member of the public may submit an
application requesting the Planning Director to initiate an amendment to the
General Plan at any time except during the comprehensive review.
(b) The application shall include:
(1) A filing fee of $500.00 to cover the administrative cost of processing the
application;
(ii) A statement of the nature of the proposed amendment;
(iii)A draft of the language of the proposed amendment;
(iv)A statement of the reasons for granting the proposed change, supported by a
written, documented assessment of the relationships of the proposed change
with pertinent elements of the General Plan; and
(v) Maps, graphs, plot plan, and other supportive information.
(c) Upon receipt of a properly filed and completed application, the Planning Director
shall have 120 days to take one of the following actions:
(1) Reject the application for an amendment; or
(ii) Initiate an amendment to the General Plan.
(d) Should the Planning Director initiate an amendment, the amendment shall be
processed according to section 16.2(2).
(e) In the event that the Planning Director rejects an application for an amendment, the
applicant may request the County Council to initiate an amendment on its behalf at
any time, except during the comprehensive review. If the County Council decides
to initiate the proposed amendment by resolution, the amendment procedure shall
follow section 16.2(1).
(f) In the event that an application is denied by the County Council, the same or a
substantially similar application may not be submitted for consideration within one
year following such denial, unless the applicant submits significant new data or
additional reasons that the Planning Director may find to be a sufficient basis for
the application to be considered."
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SECTION 4. Ordinance No. 05-25, as amended, is amended by amending section 16.3,
relating to Rules and Regulations for Amendment Procedures of the County of Hawaii General
Plan, to read as follows:
"16.3 RULES AND REGULATIONS. The Planning Director and the [Planfling
Commiss ] Windward and Leeward Planning Commissions are authorized to promulgate rules
and regulations to implement the amendment procedures. Any such rule or regulation shall be
established by the Windward and Leeward Planning Commissions acting jointly."
SECTION 5. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given without the invalid provision or application,
and to this end; the provisions of this ordinance are declared to be severable.
SECTION 6. Material to be repealed is bracketed and stricken. New material is
underscored. In re-printing this ordinance or the General Plan, the brackets, bracketed and
stricken material, and underscoring need not be included.
SECTION 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1'` Reading:
Date of 2`1 Reading:
Effective Date:
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