HomeMy WebLinkAboutREP PC 339 11/02/1992 1988-1992 REPORT OF THE
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• WMITTEE ON PLANNING
DATE: November 2, 1992
PLACE: Councilroom
TIME: 2 : 15 p.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 593,
Draft 2, relating to Development Agreements, reports as follows :
Bill No . 593, Draft 2, amends the Hawaii County Code by including a
new chapter relating to Development Agreements . The purpose of this
bill is to provide a means by which a person may be assured at a
specific point in time that having met or having agreed to meet all
of the terms and conditions of the development agreement, the
person' s rights to develop a property in a certain manner shall be
vested.
In April 1988, the Planning Commission recommended favorable
consideration for Bill No. 593 . It was felt that the lack of
certainty in the development approval process can result in a waste
of resources and escalate the cost of development.
In August 1988, Bill No . 593 was withdrawn from the Council agenda by
the Council Chairman and was to be dealt with in consultation with
the Planning Committee Chairman. Draft 2 surfaced in October 1992
and referred back to the Planning Committee for further amendments .
Public testimony from the Land Use Research Foundation of Hawaii,
whose members come from the development community, had concerns that
Draft 2 of Bill No. 593 reads more like a mandatory conditional
zoning ordinance and may discourage developers from seeking
development agreements . Development agreements alone cannot support
a system of development related to infrastructure and housing
contributions . Impact fees should be a supplement to development
agreements as the "rational nexus" based system for infrastructure
contributions paid by all other developments .
There were concerns that parts of Bill No. 593 , Draft 2, was in
conflict with the state law and should be simplified and modeled
after the state law. Your Committee therefore deferred Bill No . 593,
Draft 2, to address these concerns and requested that the proposed
amendments be prepared before the next committee meeting .
PC REPORT N0 . 339
ADOPTED : NOV. 1 8 1992
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PC- 339 Page 2 November 2, 1992
Your Committee amended Bill No. 593, Draft 2, as reflected in the
proposed Draft 3 because it does address all the technical problems
and is more in conformity to the language in the Hawaii Revised
Statutes .. The development community supported Bill No. 593, Draft 3,
but also noted that language in the Draft 3 which requires the
pricipal to file and record the development agreement and any
amendments, varies from the requirement of the state law. Your
Committee felt that this was a standard county practice and decided
that there was no need to change the bill .
Your Committee on Planning is in accord with the intent and purpose
of Bill No. 593 , Draft 3, and recommends that it pass first reading.
Respectfully submitted,
COMMITTEE ON PLANNING AYES NOES
ALONZO X
1028444; ARAKAKI X
TAKASHI D.IMINGO / CHAIRMAN DE LIMA X
DOMINGO. X
HALE A&E , -
MAKUAKANE X
LA/CES RUDDLE
X ,
PC REPORT NO. 339
ADOPTED,: