by Gregory Field

Since the early 1980's, Hawaii Kai has been the site of a large number of land use controversies. Currently eight active litigation matters are pending against the City and County of Honolulu, including two that have reached the Hawaii Supreme Court and one to the U.S. Supreme Court.

On January 26, a comprehensive settlement procedure order was entered by the court. In essence, the order and tentative agreement seeks a `win-win' situation for all parties concerned. If approved it would

* Resolve all outstanding land use disputes.

* Eliminate future significant litigation costs to all parties including taxpayers.

* Avoid risk to the City of a costly damages award.

* Complete a Master Land Use Plan for Hawaii Kai.

* Freeze densities for 20 years for involved parcels.

Procedural Order

The Settlement Procedural Order stipulates the following actions:

* Preparation of an Environmental Impact Report (EIR) to address impacts and necessary mitigation resulting from the 12 parcels to be developed.

* City and County will conduct a single integrated review and approval process for all discretionary entitlements required for the 12 parcels.

* The EIR to serve in lieu of applications normally submitted for land use approvals.

Community participation is built into the process. There will be over a dozen opportunities for the public to provide input over the ten month process. On March 20 the City Council will have a procedural workshop. April 1 responses to the Preparation Notice of the EIR are due. Upon issuance of the Draft EIR, and the Final EIR the public will have opportunities to respond. Other public meetings include Neighborhood Boards, Planning Commission public hearings, City Council Committee meetings and three reading in the full council. Upon passing the City Council action is required by the mayor, and with his acceptance the act becomes ordinance. The court orders settlement and the land use permits are issued. n