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COM 0898.012 2020-2022
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COM 0898.012 2020-2022
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Last modified
2/1/2023 9:35:07 AM
Creation date
12/15/2022 1:08:55 PM
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Communications
Communications - Type
COM
Communications - Council Term
2020-2022
Communication
0898
Point
012
Author
Zendo Kern, Planning Director
Communications - Referred To
PCPLUD
Document Relationships
AGE PCPLUD 2023/01/05 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
AGE PCPLUD 2023/01/24 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
AGE PCPLUD 2023/02/07 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
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The Hawaii County Council has introduced Bili No. 194, which seeks to amend Chapter 25, the <br /> Zoning Code, Article 2, Division 4, of the Hawaii County Code 1983,2016 Edition as amended, <br /> relating to conditions on change of zone actions. <br /> The purpose of this bill is to clarify that the Planning Director may not extend the time allowed to <br /> satisfy conditions within a change of zone ordinance unless specifically authorized by the County <br /> Council. <br /> Bill 194 seeks to amend Article 2, Division 4, of Chapter 25, Conditions on change of zone as <br /> follows: <br /> Section 25-2-44(B) paraphrasing the changes—the changes proposed for this section include <br /> modifying language to clarify the requests to change or alter conditions of any change of zone <br /> ordinance shall be processed in the same manner as a new zone change. And furthermore, new <br /> proposed language indicates that unless, unless specifically authorized by the County Council, <br /> extensions of time to satisfy conditions of a change of zone ordinance may not be allowed by the <br /> Planning Director. <br /> And here you see the strikeouts, or language that is struck out, is proposed to be removed, and <br /> language that is underlined is proposed to be added. So, to summarize, striking out"Changes or <br /> alterations of and adding"Requests to change or alter"the conditions of any change of zone <br /> ordinance shall be processed in the same manner as a zone change unless the Council authorizes <br /> the changes or alterations to be made by the Director. New language is "Unless specifically <br /> authorized by the Council, extensions of time to satisfy conditions may not be allowed by the <br /> Director. And striking out the last section, which addressed the filing fee, and that will actually be <br /> created as a new section, as you'll see in this next section. <br /> So, the section 25-2-44(C), changes in this, for this section include the deletion of all current <br /> language on the failure to fulfill change of zone conditions within specified time limitations and <br /> the addition of submittal instructions for a change of zone amendment, which is currently found in <br /> the previous section; so that part about the filing fee is going to replace this section here, which is <br /> entirely deleted. And the new language is "A request for any change or alteration of conditions <br /> shall be submitted in writing to the Director, in lieu of the application required for an <br /> applicant-initiated change of zone. The request shall be accompanied by a filing fee of$250." <br /> This is the same language; it's just in a new location. <br /> And Section 25-2-44(D): The draft bill proposes to add this new section to clarify that if the <br /> applicant fails to fulfill any conditions of the change of zone ordinance within the specified time <br /> limitations, the Planning Director or County Council may initiate the process for enactment of an <br /> ordinance reverting the effective property back to its original zoning designation or a more <br /> appropriate zoning designation in accordance with Section 25-2-43. And the exact language is as <br /> follows: If the applicant fails to fulfill any conditions of the zone change within the specified time <br /> limitations, the Director or Council may initiate the process for enactment of an ordinance <br /> reverting the effective property back to its original zoning designation or a more appropriate <br /> zoning designation in accordance with Section 25-2-43. <br /> 2 <br /> EXHIBIT G (DRAFT) <br />
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