2012-05-23 KCDP Minutes Final - Laserfiche WebLink

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articulate concerns/issues in a letter to the Planning Director relating to the KCDP 39 implementation and support. 40 The Action Committee requested that the Planning Director provide clarification to the issues 41 articulated in the Mike Matsukawa letters. The Planning Director assured the Action 42 Committee that the Department has in fact enforced the KCDP and illustrated the point with 43 examples of recommendations for denials that have been forwarded on to the Planning 44 Commission for Change of Zone applications within the Kona Urban District which did not 45 conform to the KCDP. The Director provided the AC with a short background of the Board 46 of Appeals case and the reasoning behind the decision of the Planning Department to approve 47 the Planned Unit Development in a rural area in South Kona. 48 The Director provided the AC with an update of what has been happening with amendments 49 to the CDPs. There was an immediate push made by the County Council to amend the Puna 50 CDP and an immediate need to amend the General Plan (in the Puna District), so those 51 amendments or corrective actions were taken on first. That process has only recently been 52 completed. 53 The Director explained that based on her previous experience on the County Council she has 54 the concern that the ordinance to amend the County Code to enact the CDP was not fully 55 agendized agenda and clearly indicated all of the amendments made to the County Code by 56 the KCDP. She explained to the AC that the ordinance that adopted the KCDP only identified 57 ‘ that Chapter 16 of the Hawaii County Code was being amended. Further, it was pointed out 58 that there is legal law/precedence that it is not allowed to have one ordinance that amends 59 multiple Chapters within the County Code. It was also pointed out that the ordinance could 60 not amend department rules or require that future Councils fund activities/projects identified 61 in the KCDP. The Director pointed out that she has been able to find some correspondence 62 that shows that the previous administration seemed to be working on an enacting ordinance 63 for the KCDP that would have addressed all of the County Code chapters affected by the 64 KCDP, however that was not brought forth to the public. 65 The Director is drafting amendments to the County Code, Chapters 8, 11, 23, 25 (Parks, 66 Housing, Subdivision, and Zoning) are being worked on and it is the intent to bring those 67 drafts back to the AC at the next meeting to discuss. Some concerns from Housing Office 68 and Parks & Recreation have as to some of the amendments articulated in the KCDP where 69 discussed with the AC. Where there are inconsistencies with the current allowances for 70 housing credits , state law, or other County Codes. 71 The Director asked that the AC provide the Department where there are inconsistencies with 72 the General Plan and identify where there are CIP projects (get it to the Department by 73 December). An explanation of the CIP process was given to the AC. 74 After the Director left the meeting the Action Committee authorized the Chair to draft a letter 75 to the Planning Director that identifies the concerns/issues regarding KCDP 76 Implementation/Support. Concerns/Issues will include, but not limited to the following: 77 Design Center Function/Implementation, Finance Plan Utilization/Support, Open Space 78 Network Map/Plan Implementation, Acceptance of the Village Design Guidelines, Support for 79 Page 2 of 4