Posted by Pono Kealoha on February 25, 2008 at 5:39am
DHHL immunity to zoning laws is questionedHawaii Tribune-Herald, February 24, 2008How is Department of Hawaiian Home Lands property exempt from Hawaii County zoning regulations? Is that legal -- or even a good idea?Those are two of the many questions Mayor Harry Kim hopes to answer soon.Concerns raised by the public and county officials in the past year center on the legality of DHHL's apparent immunity to county zoning regulations when it comes to commercial and industrial developments.Kim said Friday that when his administration struck a agreement with DHHL during his first term, part of the understanding was that DHHL would keep the county informed as to what it was doing with its properties.One thing made clear to Kim when the memorandum of agreement was being considered, was that land use was "one issue that is critically important to (DHHL's) authority," he said.As part of the memorandum of agreement, "Hawaiian Home Lands would at a very minimum consult with us on the use of land," Kim said.Over the years, there's been "very little controversy" regarding residential uses of DHHL land, "but when you go to commercial and industrial, it becomes a major issue," he said.DHHL officials maintain leasing Hawaiian Home Lands to commercial and industrial developments is necessary to generate the money that is used for its beneficiaries, and that the county can't stop DHHL from zoning its property whichever way it wants.Kim said his office has recently asked to meet with the DHHL over the county's concerns pertaining to commercial and industrial development. Kim said he's hopeful "that meeting will come about shortly."County Planning Director Chris Yuen and Council Chairman Pete Hoffmann of Kohala said Friday a bill that made it to the floor of the state House of Representatives -- but no further -- would have clarified that counties have jurisdiction of commercial and industrial zoning of DHHL property.Yuen said he, with Kim's blessing, offered favorable comments on the bill, and it did pass at the first committee. However, Hoffmann said, the bill languished before the Judicial Committee, and was thrust into limbo.Should the county elect to fight DHHL on the issue, Yuen said the county would have to withdraw the memorandum of agreement. That would require six month's advanced notice, he said.DHHL recently told the county that plans to change the zoning of 200 acres near Honokohau Harbor to pave the way for a new marina-based resort proposed by Atlanta firm Jacoby Group.Jacoby is eyeing the DHHL acreage and 330 adjoining acres owned by the state Department of Land and Natural Resources for its proposed Kona Kai Ola development. The project would feature 700 hotel rooms and 1,803 time-share units. Jacoby would need zoning approval from the council -- and the council would have to amend the general plan -- to allow Jacoby to use the DLNR property.However, because of language in the memorandum of agreement -- coupled with the DHHL's assertion that it is immune to county zoning regulations -- Jacoby apparently doesn't need any council approval to build on the 200 acres of DHHL land.Hoffmann said he's "not necessarily against the project," but he does see a need to clarify what county zoning regulations, if any, apply to DHHL land.North Kona Councilman Angel Pilago said Friday that the council wants to respect Kim's efforts to renegotiate a new memorandum of agreement with DHHL that clarifies the commercial and industrial zoning questions."Pretty soon, (the council) may need to do something ... but we're trying to be respectful of the mayor," Pilago said.He said DHHL's immunity to commercial and industrial zoning rules flies in the face of the general plan adopted in 2005, as well as mandates set forth in community development plans.South Kona Councilwoman Brenda Ford, Hilo Councilman Stacy Higa, and Hamakua Councilman Dominic Yagong said the issue should be tested in court to determine whether counties have a say on commercial and industrial uses of DHHL land.DHHL Chairman Micah Kane was unavailable for comment.
I have lived in the mainland for approximately 32 years and have lived in the most influential places but, where the lands were involved it was always for commercial and industrial uses that would cause controverse.
I think the lands should be the decision of its people as a whole, not just a chosen few. 200 acres is not by any means small, not by Hawai'i standards.
Hawai'i and its people have gone through so much already, why not use the properties for the people and not big money. Sorry that's how I see it.
Comments
I think the lands should be the decision of its people as a whole, not just a chosen few. 200 acres is not by any means small, not by Hawai'i standards.
Hawai'i and its people have gone through so much already, why not use the properties for the people and not big money. Sorry that's how I see it.