To: Chair Don Couch and Committee Members, Planning Committee
Maui County Council
From: Albert Perez, Executive Director
Maui Tomorrow Foundation, Inc.
Re: PC-11, Lana`i Community Plan Update June 22, 2015
Maui Tomorrow is opposed to the following proposed new language in the Lana`i Community Plan:
“Community plan land use designations are not regulatory unless required by law.”
This new language is proposed to be inserted on Page A-26 of Appendix 9.3. We have also found similar language in the draft of the Moloka`i Community Plan. We are concerned that the proposed language is unnecessary and will create confusion when applied by planners and citizens in evaluating future development proposals, since the community plan land use designations are indeed regulatory, and therefore “required by law”. Hawaii Revised Statutes §46-4, as well as Maui County Code Sections 2.80B and 19.04 all require zoning to conform to the general plan, and therefore, to the community plans.
An incredible amount of time, energy, and thought has been put in on developing the community plans throughout Maui County. Hundreds of ordinary citizens, county staff, Planning Commissioners, and Council members spent years developing these plans – all of which would be rendered meaningless if language such as that proposed were to be adopted. Not only would this run completely counter to good planning practice, and be contrary to state and county law, but it would send a terrible message to the people who participated for many years, pouring their hearts and aspirations into developing the Community Plan, crafting a better future for their community.
The language (in italics above) which is now being proposed was: a) not included in the Planning Director’s initial draft Lana`i Community Plan; b) not reviewed or recommended by the Lana`i Community Plan Advisory Committee (CPAC); and c) not reviewed or recommended by the Lana`i Planning Commission.
When next we need citizen volunteers, who will want to answer the call? This language would run counter to the stated intent of 2.80B, “to increase public and community participation in the planning process.”
Maui Tomorrow respectfully requests that these proposed changes be removed, along with any changes that have similar intent, in the Lana`i Community Plan, and in all other community plans. We also request that work begin in earnest to revise zoning designations and zoning standards to conform with the wishes of the Lana`i community, as expressed in the objectives, policies and land use designations of their versions of the Lana`i Community Plan.
Mahalo nui loa.
