HomeMy WebLinkAboutCOM 0400.081 2002-2004 Phone: 808 961-8265
LENINGRAD ELARIONOFF !!t~~ ~ )
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Council Member b6iv Fax: (808) 961-8912
COUNTY COUNCIL
COZIn(~/ O~ l-lawa~
Hawaii County Building
25 Aupuni Street
Hilo, Hawa~'~ 9h~20
April 20, 2004 xecE"'~
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TO: Council Members I Dare-~l'!_,.:~:-_
County Council
FROM: Leningrad El6cieliof~t, Chair
Committee on Planning
RE: Bill No. 178, Draft 2 - Clifto's
I would like to propose the following amendments to Bill No. 178, Draft 2:
1. Delete Condition LL because the Hawaii Revised Statutes should be amended to enable
statewide application of fair share assessments by DOE:
[The applicant shall contribute a fair share assessment to schools based on
Department of Education standards.]
2. Delete CONDITION G since this delegates Council powers to the Planning Commission:
[The uses permitted in Section 25-6-43, Chapter 25 (Zoning Code, Hawaii County Code
will be allowed in the Ooma Project District, except that golf courses or portions of golf
courses, and major outdoor amusement and recreation facilities shall not be allowed
without a use permit, because the potential impact of these uses was not analyzed in
the application and are not in master plan submitted with the application.]
Section 25-6-43 (Permitted Uses in Project Districts) reads "Any uses permitted either directly
or conditionally in the RS, RD, RM, RCX, CN, CG, CV or V districts shall be permitted in a
project district; provided, that each of the proposed uses and the overall densities for
residential and hotel uses shall bA contained in a master plan for the project district and in
the project district enabling ordinance."
Therefore, if a golf course, outdoor amusement facility or other uses are not contained in Bill
No. 178, the ordinance must be amended. In Project Districts, the Council has jurisdiction
over proposed uses and should not delegate decision-making to the Planning Commission via
a use permit. Further, the Zoning Code (Section 25-2-61) does not list Project District as a
zoning district for which a use permit must be obtained. There is greater potential of
conflicting conditions in the zoning ordinance and the use permit because two different bodies
would be making a decision on the use.
Comm. No. ~
Hawai `i County is an Equa! Opportunity Provider and Employer Ref. TO: r?OSetlO
Ref. Date