HomeMy WebLinkAboutCOM 0927.002 2004-2006
K. Angel Pilago tv,n.,, Phone No.: (808) 327-3642
Council Member Fax No.: (808) 3294786
District 8 - North Kona E-Mail: kapilago@co.hawaii.hi.us
HAWAII COUNTY COUNCIL,
County of Hawai `i Cap
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Kailua Trade Center i -y C
75-5706 Hanama Place, Suite 109 - 7
Kailua-Kona, Hawaii 96740 - Co
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June 19, 2006 ZZ)
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Stacy K. Higa, Chair, and Council Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
RE: Resolution No. 381-06 (Draft 2)
(Resolution to Postpone Rezoning Applications in the Districts of North and
South Kona until the Kona Community Development Plan is Adopted by
Ordinance)
Dear Chairman Higa and Council Members:
In researching methods of temporarily restricting certain kinds of development, it is quite clear
that a "moratorium" tool has been used on numerous occasions and in many counties with
positive results. This "moratorium" tool was lawfully implemented to temporarily restrict
granting of permits and other development-related activities until appropriate planning and
adverse effects were properly assessed and addressed. It has been proven to be a positive and
effective tool with respect to smart growth.
During the period 1990 through 2000, Maui County enacted Ordinances to temporarily restrict
golf course and resort development, agricultural development and the issuance of cellular tower
permits. Enactment of these Ordinances proved to be an ongoing positive effort by Maui
County, further evidenced by subsequent ordinances it enacted to extend the periods of
restriction until studies and appropriate planning were completed.
In 2002, a moratorium on development in lake Tahoe was lawfully imposed while a
comprehensive land use plan was developed. The Supreme Court there ruled that the
moratorium imposed was not an unconstitutional taking of private property and noted that
interim development controls are essential tools of successful development. The court's ruling
protected Lake Tahoe while the community developed a strategy for environmentally sound
growth.
Comm. No. L l
Ref. Tom
Ref. Date
Hawaii County Is An Equal Opportunity Provider And Employer
Stacy Higa, Chairman, and Council Members
June 19, 2006
Page 2 of 2
In 2004, the Board of Supervisors in Yolo County, California considered amendment to a
building moratorium Ordinance affecting the City of Davis General Plan Area by adding
exceptions for certain land use approvals. The original purpose of the moratorium was to
maintain the status quo while the General Plan was being studied and updated.
In 2005, the Board of County Commissioners in Gem County, Idaho adopted and signed a
Resolution to allow the County time to perform a thorough review of plans and ordinances to
ensure they were adequate to address the effects of current and anticipated land development.
The Board of County Commissioners imposed a specific deadline or, in the alternative, until the
Board released the moratorium.
In 2005, Thurston County, Washington imposed a temporary moratorium on residential
subdivisions to allow for compliance between State and County regulations. This was in
response to a ruling by the Western Washington Growth Management Hearings Board.
In 2006, the Morrison County Board of Commissioners enacted a moratorium on the approval of
new subdivisions, resort conversions, common interest communities and PUD's in the Lake
Shore area after the public expressed strong concerns about intensive development. This
moratorium allowed the County time to focus on long-term preservation and conservation of
land and open space along the protected waters within Morrison County.
Very truly yours,
K. Angel Pilago, C it
Committee on Planning
KAP/ke;md
KAP/mpd
Att.