2007-03-02 TBILLS (2) - Laserfiche WebLink

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INITIATOR: COUNTY COUNCIL Review and comment on a draft ordinance (Bill 328) amending the Hawaii County Code 1983 (2005 Edition, as amended) by adding a new chapter relating to concurrency (establishes a concurrency management system and prepares a public facilities improvement plan to fund and maintain county-wide facilities and services). INITIATOR: COUNTY COUNCIL Review and comment on a draft ordinance (Bill 329) amending the Hawaii County Code 1983 (2005 Edition, as amended) by adding a new chapter relating to adequate public facilities (relates to adequate public facilities for the identification of infrastructure and services necessary to support new development and the establishment of a policy as to when and how these improvements and services will be constructed and maintained). GRAHAM:Our agenda for this afternoon is going to be new business. There are four draft ordinances in the Hawaii County Code known as Bill 318, Bill 319, Bill 328 and Bill 329, all of which are initiated by the County Council. I think we have it written on the agenda the specifics of each bill so probably I dont need to speak of them at this point. I think our Planning Director Chris Yuen is going to give us a little rundownonthesebillstostartwith.Andourintentionisgoingtobetotaketestimony and consider these bills some today, but then carry them forward to our next meeting in Kona before we take any action on them. And because these are ordinances our actions I presume will only be recommendations. Chris? YUEN:Yes. Good afternoon, Mr. Chair, Members of the Commission. As your Chair said that this is to consider four separate bills that are all on the subject of concurrency or adequate public facilities. As is our normal practice when things have an island-wide significance, like an overall change to the Zoning Code or the Land Use Procedures, we will want the Planning Commission to hear these in meetings on both sides of the island. We are up close to, we actually passed the timeframe for dealing with these; and the County Council has extended the time. But the last time that the Commission will have to look at these and vote on these will be the next meeting on th March 16 . So these will, you know, go back up to the County Council with a recommendation from the Planning Commission. In brief and before I spend a little time giving a summary of these, our recommendation is basically negative on all four bills. We have a revision to Bill 318, which follows some of the basic ideas of Bill 318 that we would support. All of these bills are on the subject of what people call concurrency or adequate public facilities. And any one of them would be a very fundamental change in the way land use approvals and decisions are made. So the basic idea behind concurrency or adequate public facilities is that the level of public infrastructure should track along with development. And by public infrastructure it can mean all kinds of things roads, water, sewer, schools, and the like. And as I said in the recommendation nobody would disagree with that as a matter of general principle. The gist of the bills though is what happens when you have a land use changelikeazoningchangewherethepublicfacilitiesarenotuptopar.Andtheidea behind the bills is that you would have a pause, or you would have a denial, or you would 2EXHIBIT D