REP PC 075 03/11/2008 2006-2008 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON PLANNING DATE: March 11, 2008 Re: Comm. 1041/Bill 254 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii 96740 TIME: 3:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill 254, reports as follows: Bill 254, transmitted via Communication 1041 from Mayor Harry Kim, dated February 13, 2008, presents an amendment to Chapter 25 (Zoning Code), initiated by the Planning Director. Bill 254 seeks to amend Chapter 25, Article 2, Division 4, Section 25-2-45, Hawai'i County Code 1983 (2005 Edition, as amended), to clearly limit the scope of "nonsignificant zoning changes" so that only small changes, not affecting more than five percent of any lot or one acre, whichever is less, can be made without the County Council enacting a rezoning ordinance. Communication 1041 reports that the Hawaii County Planning Commission, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request on February 1, 2008. The Commission recommended favorable consideration of the Planning Director's request and concurred with the Planning Director's reasons as follows: • The current wording of Section 25-2-45, Nonsignificant zoning changes, was the result of a change made in the 1996 amendments to the Zoning Code. The version prior to 1996 was more restrictive but somewhat vague and has been interpreted to allow "nonsignificant zoning changes" involving large acreages, as long as there was no net increase in the density. It also allowed the Planning Director to move zoning designations substantial distances, even between noncontiguous properties. • Rezoning is a major change that determines the basic uses of land and should normally be decided by the Council, after review by the Planning Commission with recommendations of the Planning Director, rather than by the Director's unilateral decision. • If the Council wished to rezone a large area and give the Director flexibility to change uses within that area, the Zoning Code tool for that would be a "project district" zoning pursuant to Sections 25-6-40 to 49.2. • Nonsignificant zoning changes administratively performed by the Planning Director has a legitimate function allowing relatively small and minor adjustments to zoning lines without having to go to the council for such changes. • Nonsignificant zone changes should not be used to make major changes in zoning without the involvement of the Council and the Planning Commission. PC Report No. 75