UPDATE: On June 18, 2015 this bill was deferred.

TO: Chair, Donald Couch and members, Maui County Council Planning Committee

FROM: Dick Mayer

RE: PC-21 – Statement of Opposition June 18, 2015

A.1 Today’s Agenda has a “proposed bill” that may violate the land-use ordinance process

A.2 COUNTY CHARTER Section 8-8.6 #2 Very specific on land-use ordinance process.

Section 8-8.6. Adoption of General Plan and Other Land Use Ordinances.

2. Any revisions of the general plan, zoning ordinance or other land use ordinance may be proposed by the council and shall be reviewed by the appropriate planning commission as if prepared by the planning director. Any such revision shall be referred to the appropriate planning commission by resolution. If the planning commission disapproves the proposed revision or recommends a modification thereof, not accepted by the council, or fails to make its report within a period of the hundred twenty (120) days after receipt of the referral, the council may nevertheless pass such revision, but only by the affirmative vote of at least two thirds of the council’s entire membership.

A.3 Although required by the Maui County Charter, there has been no mention

of a “resolution” on today’s agenda.

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PC-21 – Statement of Opposition Dick Mayer June 18, 2015 Page 2

B. Existing Maui County Code Section 2.80B.030(B)

Although described as an amendment, in fact this ordinance is attempting to repeal existing law. Maui County Code Section 2.80B.030(B) requires all agencies to conform to the General Plan. It states:

“All agencies shall comply with the general plan. Notwithstanding any other provision, all community plans, zoning ordinances, subdivision ordinances, and administrative actions by agencies shall conform to the general plan.”

This proposed ordinance attempts to reverse the existing order of things.

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C. Comprehensive Zoning Code

All of the zoning statements must follow the initial “Purpose and Intent” of Maui’s Comprehensive Zoning Ordinance, MCC 19.04:

• Chapter 19.04 – GENERAL PROVISIONS AND DEFINITIONS

Sections:    19.04.010 – Title.

A.   This article shall be known as “the Comprehensive Zoning Ordinance.”

• 19.04.015 – Purpose and intent.

A.   The purpose and intent of this comprehensive zoning article is to regulate the utilization of land in a manner encouraging orderly development in accordance with the land use directives of the Hawaii Revised Statutes, the revised charter of the County, and the general plan and the community plans of the County.

B.   The purpose and intent of this comprehensive zoning article is also to promote and protect the health, safety and welfare of the people of the County by:

1.   Guiding, controlling and regulating future growth and development in accordance with the general plan and community plans of the County;

C.    The purpose and intent of this comprehensive zoning article is also to provide reasonable development standards which implement the community plans of the County.

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D. Maui County Code Zoning Chapter 19.24 – M-1 LIGHT INDUSTRIAL DISTRICT

19.24.010 – Purpose and intent.

The M-1 light industrial district is designed to contain mostly warehousing and distribution types of activity, and permits most compounding, assembly, or treatment of articles or materials with the exception of heavy manufacturing and processing of raw materials. Residential uses are excluded except for dwelling units located above or below the first floor and apartments.

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E. Merits and language of the proposed PC-21 ordinance.

SECTION 3. Section 2.80B.70, Item 14b

b. All land uses permitted within a zoning district in title 19 of this code shall be permitted

under the corresponding land use designation in the land use map.”

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PC-21 – Statement of Opposition Dick Mayer June 18, 2015 Page 3

F. Land-Use and subsequent zoning is determined not just by a community plan’s “land-use” designations. It is also defined by clarifying text in the community plan. 2 examples:

Kihei-Makena Community Plan PDF page 18 http://www.co.maui.hi.us/documents/17/69/240/kihei.pdf

k. Provide for limited expansion of light industrial services in the area south of Ohukai and mauka of Pi`ilani Highway, as well as limited marine-based industrial services in areas next to Ma`alaea Harbor. Provide for moderate expansion of light industrial use in the Central Maui Baseyard, along Mokulele Highway. These areas should limit retail business or commercial activities to the extent that they are accessory or provide service to the predominate light industrial use. These actions will place industrial use near existing and proposed transportation arteries for the efficient movement of goods.

Kihei-Makena Community Plan PDF page 42

a. All zoning applications and/or proposed land uses and developments shall be consistent with the Land Use Map and Objectives and Policies of the Kihei-Makena Community Plan.

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G. Specific Land-Use is clearly described in a community plan’s glossary / definitions.

Kihei-Makena Community Plan PDF page 53-54

A. Land Use Categories and Definitions

Light Industrial (LI)

This is for warehousing, light assembly, service and craft-type industrial operations.

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H. With regard to existing non-conformance land-uses, there is an “Escape Clause”

for the County:

Existing “Non-Conforming” uses could be handled by an ordinance waiving compliance,

while prohibiting any future non-compliance.