HomeMy WebLinkAboutCOM 0694.012 2022-2024Dr. Holeka Goro Inaba
Council Member, District 8, N. Kona
HAWAI`I COUNTY COUNCIL
County of Hawai `i
West Hawai `i Civic Center, Bldg. A
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawai'i 96740
DATE: September 4, 2024
Office: (808) 323-4280
Email: holeka. inaba nahawaiicounty.gov
TO: Heather L. Kimball, Chairperson
and Members of the Hawaii County Council
FROM: Dr. Holeka Goro Inaba, Council Member��,�
Council District 8
SUBJECT: Proposed Amendments to Bill No. 127, Draft 3; an Ordinance Amending
Chapter 25, Article 2, Division 4, Section 25-2-44, of the Hawaii County Code
1983 (2016 Edition, as Amended), Related to Conditions on Change of Zone.
Below are proposed amendments to Bill No. 127, Draft 3. The proposed amendments are shown
in Ramseyer format with respect to the contents of Bill No. 127, Draft 3. Material to be deleted is
bracketed and stricken, and material to be inserted is underscored.
SECTION 1 of Bill No. 127, Draft 3, which amends subsection (a) of section 25-2-44, is
amended to read as follows:
"(a) Within any ordinance for a change of zone, the council may impose conditions on
the applicant's use of the property subject to the change of zone provided that the
council finds that the conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health,
safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed, with respect to:
(A) Protection of the public from the potentially deleterious effects of the
proposed use; or
(B) Fulfillment of the need for public service demands created by the
proposed use.
Within any ordinance for a change of zone that includes any such conditions, except
for ordinances reverting zoning to a previous zoning district designation or to an open
zoning designation, the director shall specify the time by which all conditions shall be
completed. The time during which required plans, reports, studies, or relevant permit
applications are under review for approvals by government agencies shall not count
towards the deadline established in the ordinance. To justify this tolling, the
Comm. 1.
Ref. D
Hawai `i County Is an Equal Opportunity Provider and Employer
applicant shall provide evidence of the excluded time period to the planning department
for its review and approval, which shall consist of dates obtained from a government
agency website, permitting program, or office indicating when the required plans, reports,
studies, or permit applications were submitted, approved, denied, or returned by the
government agency. Any request for tolling shall be verified and approved in writing by
the director prior to the deadline established by the ordinance. The director shall notify
the council of any approval of a request for tolling within thirty dqys of such approval.
If any conditions have not been completed by the deadline, or if a time extension request
has not been submitted in accordance with section 25-2-44(c), the planning department
shall inform the applicant that the ordinance is null and void without further action by the
County. In that event, the zoning designation of the property(s) affected by the ordinance
shall automatically revert to its [irnmedia4ely] immediate prior zoning designation."
Due to the limited scope of these proposed amendments, a copy of the new draft of this bill that
would result if these amendments were adopted is not attached.
HGI/wpb
N