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Phone: 808 961-8265 <br /> <br /> LENINGRAD ELARIONOFF !!t~~ ~ ) <br /> . <br /> Council Member b6iv Fax: (808) 961-8912 <br /> COUNTY COUNCIL <br /> COZIn(~/ O~ l-lawa~ <br /> Hawaii County Building <br /> 25 Aupuni Street <br /> Hilo, Hawa~'~ 9h~20 <br /> April 20, 2004 xecE"'~ <br /> tlme_~----- ~y--•- <br /> TO: Council Members I Dare-~l'!_,.:~:-_ <br /> County Council <br /> FROM: Leningrad El6cieliof~t, Chair <br /> Committee on Planning <br /> RE: Bill No. 178, Draft 2 - Clifto's <br /> I would like to propose the following amendments to Bill No. 178, Draft 2: <br /> 1. Delete Condition LL because the Hawaii Revised Statutes should be amended to enable <br /> statewide application of fair share assessments by DOE: <br /> [The applicant shall contribute a fair share assessment to schools based on <br /> Department of Education standards.] <br /> 2. Delete CONDITION G since this delegates Council powers to the Planning Commission: <br /> [The uses permitted in Section 25-6-43, Chapter 25 (Zoning Code, Hawaii County Code <br /> will be allowed in the Ooma Project District, except that golf courses or portions of golf <br /> courses, and major outdoor amusement and recreation facilities shall not be allowed <br /> without a use permit, because the potential impact of these uses was not analyzed in <br /> the application and are not in master plan submitted with the application.] <br /> Section 25-6-43 (Permitted Uses in Project Districts) reads "Any uses permitted either directly <br /> or conditionally in the RS, RD, RM, RCX, CN, CG, CV or V districts shall be permitted in a <br /> project district; provided, that each of the proposed uses and the overall densities for <br /> residential and hotel uses shall bA contained in a master plan for the project district and in <br /> the project district enabling ordinance." <br /> Therefore, if a golf course, outdoor amusement facility or other uses are not contained in Bill <br /> No. 178, the ordinance must be amended. In Project Districts, the Council has jurisdiction <br /> over proposed uses and should not delegate decision-making to the Planning Commission via <br /> a use permit. Further, the Zoning Code (Section 25-2-61) does not list Project District as a <br /> zoning district for which a use permit must be obtained. There is greater potential of <br /> conflicting conditions in the zoning ordinance and the use permit because two different bodies <br /> would be making a decision on the use. <br /> Comm. No. ~ <br /> Hawai `i County is an Equa! Opportunity Provider and Employer Ref. TO: r?OSetlO <br /> Ref. Date <br /> <br />