HomeMy WebLinkAboutCOM 0077.002 2024-2026HEATHER L. KIMBALL
Council District 1 (North Hilo,
Hamakua, and portion of Waimea)
Phone: (808) 961-8828
Fax: (808) 961-8912
Email: 1-fecitlier.Kin7ball@hawaiicotint3,.gov
HAWAI`I COUNTY COUNCIL
25 Aupuni Street, Ste. 1402.
Hilo, Hawai'i 96720
DATE: February 3, 2025
TO: Dr. Holeka Goro Inaba, Council Chair
and Members of the Hawaii County Council
FROM: Heather L. Kimball, Council Member tW,
Council District 1
SUBJECT: Proposed Amendments to Bill No. 18; An Ordinance Amending Section
25-8-7 (North and South Kohala District Zone Map), Article 8, Chapter 25
(Zoning) of the Hawaii County Code 1983 (2016 Edition, As Amended),
by Changing the District Classification from Agricultural -1 Acre (A -la)
to Single Family Residential-10,000 square feet (RS-10) at `Ouli, South
Kohala, Hawaii, Covered by Tax Map Key: 6-2-001:075 (Por.).
Transmitted herewith are proposed amendments to Bill No. 18. The proposed amendments are
shown below in Ramseyer format with respect to the contents of Bill No. 18; material to be
deleted is bracketed and stricken, and material to be added is underscored.
1. SECTION 2 of Bill No. 18 is amended by amending Condition C to read as follows:
"C. Final Subdivision Approval shall be secured within five (5) years from the effective
date of this ordinance. 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] this ordinance. To justify
this tolling, the 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=tttest
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2. SECTION 2 of Bill No. 18 is further amended by amending Condition M to read as follows:
"M. As represented by the Applicant, 100% of the proposed 43-lot single-family
residential project shall be set aside for affordable housing, in accordance with
mutually agreeable terms between the Applicant and the County Office of Housing
and Community Development, using the provisions of Chapter 11, Article 1,
Hawaii County Code relating to Affordable Housing Policy. Said agreement shall
be executed prior to receipt of Final Subdivision Approval and a copy of the
executed agreement shall be provided to the Planning Department by the Applicant.
M ..... W .......... -161 ME
..
3. SECTION 2 of Bill No. 18 is further amended by amending Condition R to read as follows:
"R. [if the applieai4 fails to fidifill any eenditions of the zone ehange within
with Seel o 25 2 43 of the Hawai'i Gets ty Code,] 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) of the Hawaii County Code, the Planning
Department shall inform the Applicant that this ordinance is null and void without
further action by the County. In that event, the zoning designation of the property
affected by this ordinance shall automatically revert to its 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 they were adopted is not attached.
Thank you.
HLK:dbk