HomeMy WebLinkAboutCOM 0180.004 1998-2000 BISHOP MUSEUM
CELEBRATING A
CENTURY OF DISCOVERY
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April 2l, 1999
County Council ~
Mr. Dominic Yagong
Councilmember
County Council
County of Hawaii
Hawaii County building
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mr. Yagong:
I am writing in response to our recent telephone conversation regarding the Bishop
Museum's interests in Waipio Valley on the Big Island of Hawaii. Thank you for
including this topic on the agenda for the Council's Planning Committee meeting
scheduled for May 4, 1999 in Hilo. Pat Duarte and I will plan to be there. I also want to
thank you for the information provided by the County's Planning and Public Works
Departments, along with the Office of the Corporation counsel, which was forwarded to
me in the March 25, 19991etter from your legislative assistant Lorraine Acdal.
As I mentioned to you on the phone, I have some clarifying questions I would like to
have answered either prior to or during the Planning Committee meeting. These
questions arise from the information provided in the March 25, 1999 letter referred to
above. As you will recall, the information provided in that letter was meant to answer six
questions I had posed to you in my letter dated February 23, 1999.
My first question asked where on the ground the County owned and maintained roadways
end in the valley. The Otlice of the Corporation Counsel responded by saying that the
County maintains one roadway in the valley. That roadway travels 1.6 miles from the
base of the access road, along the Southern edge of the valley about one half mile, then
heads toward the center of the valley terminating at a stream. The road which parallels
the shoreline across the mouth of the valley is also a government road, but is not carried
on the Public Works inventory.
Question two asked if there are any legal easements in the valley for landlocked or
otherwise impaired landowners across Bishop Museum lands. The Corporation Counsel
responded that easements by prescription or necessity are determined on a case by case
basis by a jurisdiction other than the County. How is the case by case determination
made? Under whose jurisdiction?
Comm. No. - ~ ~
File No. -
The State Museum oC Natural and Cultural History _
1525 Bernice Street Honolulu, Hawati i 96817-0916 Ref. To' ~06eftfC~
Telephone: (808) 847-3511 Fax: (808) 841-8968 ~~({=,~~.-L~('~
Ref. Date
My second question went on to ask if there were any existing easements in the valley that
cross Bishop Museum lands. Who could answer that question? Is there a listing
maintained somewhere?
My third question asked how the land in Waipio Valley is zoned, and what activities are
allowed under that zoning. The Planning Department and the Office of the Corporation
Counsel responded that the land Makai of the Beach road is classified as conservation,
and is administered by the State Boazd of Land and Natural Resources. The land Mauka
of the Beach road is zoned Agricultural (Ag-40), and is jointly administered by the State
Land Use Commission and the County. The Corporation Counsel goes on to say that
the entire valley is within the Shoreline Management Area.
The State Land Use Law, the State Land use Commission's Rules and the County Zone
all include lists of permitted uses. The Planning Department stated that in general,
agriculture related activities are allowed. The Corporation Counsel stated that other uses
are permitted by Special Permit.
Does the Shoreline Management Area limit uses more narrowly than the other rules?
How can we tell if any Special Use permits have been issued? In particular, the County
rules say that Bed and Breakfast establishments may be permitted with special permits as
permitted under section 25-4-7. Have any such permits been issued? In reviewing the
State rules provided with your information, Section 205-4.5(b) of the HRS states that
uses not expressly permitted in subsection (a) shall be prohibited, except the uses
permitted as provided in Section 205-6 and 205-8. What are those? The County rules
Section 25-5-72 states that campgrounds are permitted uses. The State rules prohibit
overnight camping. Do the County rules?
My fourth question asked under what circumstances nonconforming uses were permitted,
and what process was required to get such permission. The Planning Department
answered that nonconforming uses are by definition uses that pre-dated the adoption of
the zoning code. Is a list kept of such nonconforming uses? On what dates were the
State Land Use Laws, State Land Use Commission's Rules, and the County Zoning Code
enacted?
My fifth question asked about the process to report violations of permitted uses or
trespass. The Planning Department and Corporation Counsel responded that violations of
permitted uses are to be reported to the Planning Department for the Agricultural District,
and to the State Department of Land and Natural Resources for the Conservation District.
How are these violations to be reported? Is a phone call sufficient? Is a written
complaint required? What happens aRer a "complaint" is lodged? Are hearings held?
Both parties responded that trespass is to be reported to either the Police Department or to
the office of the Prosecuting Attorney.
In responding to question six, the Planning Department stated that they are authorized to
enforce the Zoning Code, while the Police Department is authorized to address and help
prevent trespass.
I would guess answering my earlier questions took a lot of work on behalf of the
Planning Department and the Office of the Corporation Counsel. Please thank them for
their efforts. Their answering these follow up questions, while again being time
consuming, will provide us with much-needed information to better administer our land
holdings in Waipio. Thank you in advance for your help in getting this information, and I
look forward to seeing you on May 4a'.
Sincerely,
L<<~~~
Jeffrey A. Bell
Senior Vice President, Treasurer and Chief Financial Officer
Cc: Mr. Morgan Toledo