Johnson proposing moratorium

The Maui News
Saturday, October 27, 2007
By CHRIS HAMILTON, Staff Writer

WAILUKU - County Council Member Jo Anne Johnson has spoken out loud what some of her colleagues often call "the 'm' word" when discussing new development: moratorium.

Now she's going beyond just saying it.

Arguing that development is outpacing infrastructure and planning, Johnson announced this week that she will introduce a bill at the regular council meeting Friday that would temporarily preclude new subdivisions of agricultural lands in West Maui.

The moratorium could last several years and apply to lands within the West Maui Community Plan District, which stretches from Maalaea to Kahakuloa.

Any proposal for a moratorium will likely run into major opposition from landowners, developers and construction labor unions, as similar ideas have in the past. Some government officials, however, said they were open to discussing the concept.

"Ag subdivisions continue to be approved at a rapid rate in West Maui," Johnson said. "This is resulting in major detriments to Maui County's economy, environment and quality of life."

Johnson said that the ordinance is necessary because of a lack of updated planning and infrastructure in the area, particularly water supply and new roads.

It would simply maintain the status quo until the county can establish impact fees and a new West Maui Community Plan come into existence, she said.

The county is in the process of revising the county General Plan, which is on a two-year timetable for final action. Updates of the community plans will follow.

Planning Director Jeff Hunt recently said that he believes it could be two more years before the plans make it before the council for approval. The plans are guidelines for what and where new construction will be built.

"There are pros and cons to this issue and they need to be thoroughly discussed - particularly the impact to small-land owners and families," Mayor Charmaine Tavares said.

Hunt said that he has not examined Johnson's proposal enough to take a position yet.

"It's not unheard of for jurisdictions to impose a moratorium on certain areas due to a pending update of a plan or ordinance," Hunt said. "However, the ramifications of a moratorium should be examined thoroughly."

Land Use planning consultant Rory Frampton said Makila Land Co., which is affiliated with West Maui Land Co., opposes the measure and believes Johnson's arguments are flawed.

Makila Land Co. owns more than 4,000 acres of land, about half of which is in conservation areas, Frampton said. The rest is in what would not be considered prime agricultural land, he said.

"You look at reality in what's happening in terms of development on West Maui, and agricultural subdivisions is only a small percentage of those being built," Frampton said.

Hundreds, if not thousands of housing and time-share units, are in the works in Lahaina and near the resorts up the shore, he said.

By comparison, he said Makila Land Co.'s Launiupoko on the Hill subdivision, above Honoapiilani Highway and Launiupoko Wayside Park, has only 200 lots. Makila Land will develop its own roads and a private water system, Frampton said.

"If you're only focusing on ag land and the basis is on infrastructure, I can't see the logic or rationale," he said.

Johnson said her proposal also considers potential developments north of the West Maui urban districts at Honolua and Honokohau. She said residents have told her that they do not want to see any more development between Honolua Point and Kahakuloa. And she said she has the support of local farmers and conservationists such as the Save Honolua Coalition.

"Is building in remote areas really the intent of the community plans?" Johnson said. "I know the farmers don't want McMansions as neighbors. They drive up property values. . . . I believe we want those vistas and the open space preserved."

Council Member Michelle Anderson said she still needs to see the bill but is open to the idea. Past efforts at building moratoriums have been stymied by labor and business interest groups, she said.

"The time has come for the discussion, especially with our water resources and county staff stretched so thin," Anderson said.

Anderson has proposed a bill that would require developers to prove they have a water source reliable for at least 20 years before a project can be approved.

Johnson said her bill would not prevent homeowners from remodeling or repairing existing homes. It would also exempt projects intended for the public good, such as the proposed West Maui hospital or 100 percent affordable housing, she said.

Johnson argued as well that a moratorium would be prudent until the state Department of Transportation has determined where a highway through the Ukumehame corridor will be relocated. That way, no new homeowners would suddenly find themselves displaced by a new highway, she said.