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Home My WebLink AboutCOM 0180.005 1998-2000 „YY OF p, Vir mia (:ulds[ein r••.k~ ~ Stephen K. Yamashiro ~,I;r;~ Dirrcior , Mayor Russell Kokubun it°4 4 ~ Drpun' Uirer lnr 1TF OF~"P~ I f~nixzt#g of ~tsfirr~it PLANNING DEPARTMENT 25 Aupuoi Street, Room 1119 • Hilo, Hawaii 96720-4252 (808) 961.8288 • Fax (808) 961-8742 April 30, 1999 Honorable Dominic Yagong, Chairman Committee on Public Works and Parks Hawaii County Council 25 Aupuni Street Hilo, HI 96720 Deaz Chairman Yagong: SUBJECT: Waipio Valley -Bishop Museum We have received your Memorandum of April 28, 1999, requesting our response to Bishop Museum's follow up letter of Apri121, 1999, as well as our attendance at the Committee on Public Works and Parks Meeting on May 4, 1999. Deputy Director, Russell Kokubun, will attend the May 4, 1999 Meeting. Meanwhile, we have the following comments relating to the follow up questions resulting from the original six questions: 1. The Department of Public Works is the County agency which is responsible for maintaining the County's roadways. Staff from the Department of Public Works, responsible for the maintenance work of this road in question should be able to show where the road ends in the valley. 2. Again, we must defer responding to the kind of legal matters being asked in question #2 to our Corporation Counsel. Some of the questions would also be more appropriately directed to Bishop Museum's attorney(s). 3. The "Shoreline Management Area" referred to by the Corporation Counsel is commonly referred to as the "SMA", Special Management Area. The Special Management Area was established "...to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii..." pursuant to Hawaii Revised Statutes. In accordance with law, "...special controls on development within the area along the shoreline aze necessary to avoid permanent loss of valuable resources r ESL. I'i1~ .Jo.~~~O(/ ~ Ref. To! Preseni~,~"~ Ref. Data ~'E=-Cl-~7if~~ Honorable Dominic Yagong, Chairman Committee on Public Works & Pazks Page 2 April 30, 1999 and the foreclosure of management options, and to insure that adequate public access is provided to public-owned or used beaches, recreation azeas, and natural reserves, by dedication or other means." The SMA requirements do not limit uses more narrowly than other rules, however, before new uses are established within the SMA, these new uses must be reviewed for compliance with SMA requirements. The Planning Depaztment maintains records on Special Permits issued by the Planning Commission and State Land Use Commission. No Special Permits have been issued for pazcels in Waipio Valley. The Waipio Valley "Ti-House" is located in the Conservation District and all permits were reviewed and approved by the Boazd of Land and Natural Resources. We invite representatives of the Bishop Museum to discuss specific land use questions with us, rather than raising case by case inquiries through correspondence with your office, such as they have done with campgrounds and overnight camping. The short answer relating to campgrounds and overnight camping is that a Special Permit needs to be obtained from the Planning Commission; an SMA Permit may also be required. 4. Again, Nonconforming uses are by definition uses that were already in place prior to the adoption of the governing requirement. In this instance, the State Land Use Law, or the State Land Use Commission's Rules, or the County Zoning Code. Anew "nonconforming" use can not be introduced. Any new uses must meet "code" requirements, or the "code" requirements must be amended to allow such a use. The State Land Use Law was enacted as Act 187, Session Laws of Hawaii 1961 (effective July 11, 1961). The State Land Use Commission's first Rules were adopted on January 23, 1963. The County of Hawaii's first Zoning Ordinance was Ordinance 149, adopted on Mazch 7, 1946, where all districts outside of the City of Hilo were defined as the Rural District. Each of these authorities has been subsequently amended several times and with each amendment, nonconforming uses and structures have been established. There is no one list of nonconforming uses, each pazcel's history must be reviewed W establish conformity. 5. Violations of "permitted uses" are to be reported to the Planning Department for the parcels within the Agricultural District. Similar violations in the Conservation District need to be reported to the State Department of Land and Natural Resources. Honorable Dominic Yagong, Chairman Committee on Public Works & Pazks Page 3 Apri130, 1999 The Planning Department receives wmplaints in person, by phone, by FAX, and by written report. We require as much detail as possible to determine the correct location and responsible parties. All complaints are investigated. Hearings before the County Board of Appeals or in State Court may result from the investigation and subsequent action of the violator. 6. Again, determining when "violations" and "violators" aze occurring depends upon the specific statutes or authorities which are not being met. Prosecution may not necessarily result when "violations" occur, however, correction of some kind is usually administered by the agency authorized to administer or "police" such activity. The Planning Department is authorized by provisions in the Zoning Code to enforce the Zoning Code. We hope these comments will assist you and your Committee as well as the representatives of the Bishop Museum. Sincerely, l~ ~ VIRGINIA GOLDSTEIN Planning Director ~~gP f:\wp60\rodney\99-2Vyagong2.rkn c Mayor Stephen K. Yamashiro Corporation Counsel Department of Public Works