2016-04-27 KCDP Minutes Final - Laserfiche WebLink

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110 111 Bill mentioned that many times applicants request uses not permitted under the current code and are 112 requesting, perhaps a special permit. This is where the Director has staff check the CDP to determine if 113 the request is consistent with the CDP where the property is located. The proposed use must comply and 114 if not, the application may not be recommended for approval. 115 116 Director does not want the AC to focus on individual projects, rather focus on the larger picture. The 117 Director will send projects to the AC if the Director has determined that Planning needs the 118 recommendation of the AC. 119 120 Curtis asked about line item 49 of the April 27, 2016 minutes concerning concurrency. This is an 121 example of an item that the AC discussed and made a recommendation to the Director to follow the 122 County code on addressing concurrency as to the level of service. The CDP lists this concurrency map as 123 adopted by plan which is a recommendation as an action item which is for guidance and is not mandatory. 124 Also, the same transportation policy states that the Kona Urban Area shall be designated as a critical road 125 area as defined in County Code 25-2-46. Only the County Council can designate a critical road area. 126 This implies that the critical road area was adopted with the approval of the CDP. So, this is not the law. 127 Director mentioned that the CDP AC can advise the Director on how the recommended projects can be 128 reviewed, but the CDP does not trump the County Code. 129 130 Hiram asked about how large a project needs to be before the AC would be asked for a recommendation. 131 Doug asked that projects that have a major impact on the community would also be submitted to the AC. 132 Hiram then spoke concerning the letter to the Director, from the AC, concerning the AC response to the 133 February 24, 2016, letter from the Director on “Request for Legal Opinion”. The Director feels that the 134 AC’s letter to him represents a positive initiative and that the AC is working closely with Planning. 135 136 Director said the Concurrency section of the CDP gives direction to the concurrency section in the code. 137 The KCDP provides specificity for roads within the road network. This section on concurrency in the 138 KCDP is not enacted by law and should be used as a guideline. Section 25-2-46 of the County Code is 139 the law. 140 141 Curtis discussed Lako Street and its positive impact to the Community and this could not have been 142 accomplished if Alii Highway was required to be built first. Director approved of this type of 143 involvement from the AC where recommendations are provided. 144 4