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The Honolulu Advertiser

Posted on: Friday, June 10, 2005

Zoning expiration dates sought

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — Kaua'i Mayor Bryan Baptiste is proposing a sunset provision for zoning approvals, causing zoning changes to expire if not used within five years.

Bryan Baptiste

He plans to deliver proposed legislation to the County Council later this month.

Baptiste said that government agencies need to prepare utility, transportation and other systems for new growth, and planning is difficult if developers don't use the zoning they are granted, and don't install the improvements associated with their projects.

"We need to start this discussion so we can plan effectively for growth and infrastructure developments. The five-year Use It or Lose It Ordinance would also help with planning for capital improvement projects and serve as a deterrent to speculation," Baptiste said.

In the current hot real estate environment, many long-approved projects are being developed at once — faster than the county can respond with adequate roads, utilities and other infrastructure, he said.

Another problem occurs if a major zoning approval includes conditions requiring the developer to install infrastructure. If the project isn't developed and the infrastructure not built, it can affect planning for nearby property owners, he said.

He said one Lihu'e property owner received an approval in 1975 that required the construction of a well that would meet that project's needs as well as the needs of smaller projects in the neighborhood. The project hasn't been developed, the new water supply was never created, and "now everything is lagging and smaller projects in the Lihu'e area have to be put on the back burner," said county senior planner Keith Nitta.

Reach Jan TenBruggencate at jant@honoluluadvertiser.com or (808) 245-3074.