HomeMy WebLinkAboutCOM 0351.004 2016-2018 Pi Pc
•COUNTY CLERK-
. COUNTY OF HAWAII' UU7luift4.
331
2011 AUG 1.1 Pil 4: 16
Testimony of
Michael Matsukawa
in Support of Bill 52
KAT COMMUNITY DEVELOPMENT PLAN
Council Chairperson Poindexter
and Members of the County Council
County of Hawaii
•
My testimony is mainly informational in nature and addresses questions that
some may raise to Bill 52, especially questions that are based on the idea that the
proposed plan must be a complete statement of all land use laws affecting all land
in Ka'u, as opposed to being but one of many land use planning tools that are
essential to building and supporting healthy communities.
First, the proposed Ka'u Community Development Plan has been the subject
of many public meetings and the document identifies those who participated in
numerous public meetings.
Second, to the extent that some may try to compare portions of the Kona
Community Development Plan Ordinance with the proposed Ka'u plan, please
note that the Kona plan is substantively different from the proposed Ka'u plan. As
such, you should not "cloud" the proposed Ka'u Community Development Plan
with "Kona winds."'
The!vlissler case arose in 2010-201 1, continued through 2012 and ended with Judge
[barra's circuit court decision that upheld the Kona Community Development Plan Ordinance.
In response,the County Council voted unanimously to adopt a resolution to accept Judge
Ibarra's ruling and to proceed with the implementation of the ordinance as outlined in the
ordinance's matrix.
Comm No. 551.
Ref. To:
Ref. Dare AUG/11 2UU
Third, the County Council is the final arbiter of land use policies for Hawaii
County, acting within the limits of applicable laws. One of those laws is the
Hawaii County Charter, Section 3-15(a), under which county voters require the
County Council to enact ordinances like the proposed Ka'u Community Develop-
ment Plan. Another law is Section 226-58(b), HRS, a State statute, that requires a
county to enact legislative mechanisms to implement the county's general plan.
Fourth, to the extent that some may complain that the proposed plan
improperly "changes" existing laws to the detriment of a landowner's property
rights, the document shows that the public and property owners were given
extensive notice of the proposed plan and many opportunities to participate in the
formulation of the proposed plan. The document also provides clear and specific
notice of what policies are being changed, if at all.' To my knowledge, the
proposed plan does not propose any change in "laws," Le., changes to State
constitutional provisions, State statutes, State rules, the Hawaii County General
Plan, the Hawaii County Charter, Hawaii County development ordinances or
Hawaii County commission rules.
Fifth and a matter of important note, a large portion of the lands that fall
within the proposed Ka'u planning area is located in the State Land Use
Agriculture District, the use of which is governed by State law (Chapter 205, HRS
and the State Land Use Commission's administrative rule HAR 15-15-25). The
proposed Ka'u Community Development Plan does not purport to change these
State laws; nor can the County Council change State laws. In this regard, some of
the policies set forth in the proposed plan reflect "advocacy" positions that the
2 Such policies are mandated by Section 46-4, HRS, Section 226-58, HRS and the Hawaii
County Charter.
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County Council believes are appropriate to support future changes to existing laws
in an integrative and collaborative manner.
Sixth, if a landcmner desires to (Mange a state land use district boundary or a
county zoning district boundary, the State Land Use Commission, the county
Windward Planning Commission and the County Council will look to various
decision criteria, only one of which will be the policies that are set forth in the
proposed Ka'u Community Development Plan. In this context, the proposed Ka'u
Community Development Plan will represent but one of many competing policies
that a decision-maker must review in determining whether an amendment is
appropriate. Again, the procedure for an amendment provides for public hearings
and opportunities for affected landowners and the public to participate in the
process.
Finally, land use law has evolved into a multi-disciplinary subject that draws
upon many sources, including the Federal and State constitutions, Federal statutes
and rules, State statutes and rules, municipal charters and ordinances, municipal
agency rules and the common law as announced by courts in their judicial
decisions. The proposed Ka'u Community Development Plan is designed to serve
as a tool to establish a procedure by which the most desirable outcomes for the
community can be achieved in an integrated manner. In this light, the proposed
plan identifies the many sources of law that affect a community's infrastructure,
lifestyle and economy and, more importantly, establishes policies and "advocacy"
positions that can be used for the public's best interest.
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The proposed Kau Community Development Plan is a positive step that the
County Council can take in community building and I support. favorable action on
Bill 52. 1 will be glad to answer any questions that you may have on this important
measure, Thank you,
Michael J. Matsukawa
PPP (pipipi)
People Participating in Planning
75-5751 Kuaki ni Highway, #201
Kailua-Kona, Hawaii 96740
Telephone (808) 329-1385
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