THE SENATE	S.C.R. NO.	156
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

URGING THE STATE LAND USE COMMISSION TO WITHHOLD APPROVAL OF THE PETITION FOR LAND USE DISTRICT BOUNDARY AMENDMENTS FOR that certain property identified as TAX MAP KEY NUMBERS (3) 2-7-4:25 (POR.) AND (3) 2-7-4:140 (POR.), LAND USE COMMISSION DOCKET NUMBER A08-781, UNTIL THE COMMUNITY DEVELOPMENT PROCESS FOR THE HAMAKUA DISTRICT IS COMPLETED.

     WHEREAS, on December 19, 2008 Papaikou Point, LLC, filed its petition for a land use district boundary amendment to reclassify approximately ninety acres of prime agricultural and conservation lands in Papaikou on the island of Hawaii, to urban classification for the purpose of developing a residential subdivision; and

     WHEREAS, the proposed subdivision would create up to two hundred twenty new homes of various sizes, in an area that has historically been used for sugar production and diversified agriculture; and

     WHEREAS, there are more than two hundred unsold and vacant lots within a five-mile radius of the petition area boundaries and greater than twenty thousand unsold and vacant lots on the island of Hawaii, clearly negating any reasonable need for the addition of two hundred twenty more lots for urban growth in Papaikou and failing to meet the criterion for amending boundaries of agricultural lands as provided in Rule 15-15-77 (b)(6)(B), Hawaii Administrative Rules; and

     WHEREAS, the very rural character and essence of Papaikou on the island of Hawaii, with three distinct "plantation camps" and residential-agricultural parcels scattered throughout the area, are a very special and valuable heritage of Hawaii, worthy of preservation and protection; and

     WHEREAS, the area sought to be reclassified is an area that the past and current residents have used for access to the ocean for subsistence fishing and gathering, scenic plains, subsistence agriculture, open space, commercial agriculture, pasture, and recreation; and

     WHEREAS, the Rural South Hilo, North Hilo, and Hamakua Communities will be undertaking the Community Development Process, which is built upon a foundation of ideas generated by the public and provides opportunities for public input integrated in the planning process; and

     WHEREAS, the ideas generated through the Community Development Process will give shape to the community's vision of the future, help address issues related to policy and public investments, and help define how the community wants to grow in the future; and

     WHEREAS, the Community Development Process is designed and conducted to include public involvement so that the results of each activity inform succeeding activities, which ensures that the public is involved in making all critical decisions in the Community Development Process with an emphasis on visualizing options and on using images to engage the public in making informed choices regarding the future growth of the community; and

     WHEREAS, due to much discussion and some apprehension raised at the community level, the developer of the project is willing to wait for the Community Development Process to be completed and is quoted as saying, "It was more important to achieve the planning vision for the community than it is to allow this project to cloud that process"; and

     WHEREAS, the Mayor of the County of Hawaii is supportive of the developer's decision to hold off on the Land Use Commission application process, stating that it "demonstrates [the developer's] commitment to a fair and effective planning process"; and

     WHEREAS, it is appropriate that the Community Development Process precede any development that could have a significant impact upon the area and the community's ability to retain the qualities of the "rural lifestyle"; and

     WHEREAS, the developer has acknowledged that it is likely that changes will be made upon re-filing the rezoning application with the Land Use Commission, saying, "Ultimately, the project needs to be altered to achieve the community's vision"; now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the House of Representatives concurring, that the Legislature supports the County of Hawaii Community Development Process as proposed by Mayor Billy Kenoi in the 2009-2011 County of Hawaii Budget; and

     BE IT FURTHER RESOLVED that the Legislature urges the Land Use Commission and the developer to postpone taking any action relating to this project until the Community Development Process for the Hamakua District is completed, including withholding approval of the Petition for Land Use District Boundary Amendment for Tax Map Key Numbers (3) 2-7-4:25 (por.) and (3) 2-7-4:140 (por.), Land Use Commission Docket Number A08-781; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Hawaii State Land Use Commission, Developer Steve Shropshire, Mayor Billy Kenoi, and the Hawaii County Council.

OFFERED BY:

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Report Title: 

Papaikou Development; LUC; Community Development Process