Communication No. 2018-08- KCDP Amendments Subcommittee Report

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Communication No. 2018-08 3)Expedited Review. Within ninety (90) days after a project district applicationhas been accepted by the Planning Director, the Director shall forward theapplication to the Planning Commission.4)Environmental Review Concurrent Processing. The Planning Director shallenable and allow the applicant to concurrently process the environmental document according to the procedures of HRS Chapter 343. 5)State Land Use Boundary Amendment Concurrent Processing. If a StateLand Use District Boundary Amendment is necessary, the Planning Directormay accept the application, review the application to determine consistencywith the decision criteria below, suspend the processing of the Project Districtuntil a decision is made by the State Land Use Commission, and express theCounty’s support of the application before the State Land Use Commission asconsistent with the Kona CDP and County of Hawai‘i General Plan. TheProject District process may then immediately resume upon favorableapproval by the State Land Use Commission. 6)Development Agreement. Concurrent with or subsequent to the adoption of aproject district ordinance, A a development agreement pursuant to Hawai‘iCounty Code may be used to memorialize reciprocal agreements among theseveral parties responsible for implementing the plan, including the County,and thereby vest the rights as set forth in the Development Agreement. 7)Planning Commission Review. Within sixty (60) days after receipt of theapplication from the Planning Director, unless a longer period is agreed to bythe applicant, the Planning Commission shall transmit the proposed projectdistrict ordinance together with its recommendation thereon through theMayor to the County Council. The Planning Commission shallshouldrecommend approval in whole or in part, with or without modifications, orrejection of such proposal, based on the following criteria: a.Extent to which the master plan meets the intent and objectives of theVillage Design Guidelines; b.Extent, inclusiveness, and mix of affordable housing; c.Feasibility of the infrastructure financing plan; d.Effectiveness of concurrency controls; e.Compatible linkages and relationships to surrounding areas; f.Effectiveness in optimizing and protecting open space within thedensity transfer area. 8)Rebuttable Presumption. The Planning Director, Planning Commission, andCounty Council shall review the TOD application with a rebuttable Note: Subcommittee believes this conflicts with zoning code chapter 25-6-44