HomeMy WebLinkAboutRES 016 Draft 01 2006-2008 ,~<v or
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 16 ()'7
RESOLUTION TO TEMPORARILY DELAY COUNCIL ACTION ON REZONING
APPLICATIONS IN THE DISTRICTS OF NORTH AND SOUTH KONA UNTIL THE
NORTH AND SOUTH KONA COMMUNITY DEVELOPMENT PLAN IS ADOPTED BY
ORDINANCE, OR UNTIL APRIL 1, 2007, WHICHEVER SHALL OCCUR FIRST.
WHEREAS, the Hawaii State Constitution, Article IX, Section 6, Management of State
Population Growth, states:
"The State and its political subdivisions, as provided by general law, shall
plan and manage the growth of the population to protect and preserve the public
health and welfare; except that each political subdivision, as provided by general
law, may plan and manage the growth of its population in a more restrictive manner
than the State."; and
WHEREAS, the Hawaii County Charter Section 3-15, from which the General Plan
emerged as a major policy document, states, in part:
"The county council shall adopt by ordinance a general plan which shall set
forth the council's policy for long-range comprehensive physical development of the
county. It shall contain a statement of development objectives, standazds and
principles with respect to the most desirable use of land within the county for
residential, recreational, agricultural, commercial, industrial and other purposes
and such other matter as may, in the council's judgment, be beneficial to the social,
economic, and governmental conditions and trends and shall be designed to assure
the coordinated development of the county and to promote the general welfaze and
prosperity of its people....
(b) No public improvement or project, or subdivision or zoning ordinance,
shall be initiated or adopted unless the same conforms to and implements the general
plan...."; and
WHEREAS, the Hawaii County General Plan, Section 15.1, Community Development
Plans, states, in part:
"The Community Development Plans aze intended to be the forum for
community input into managing growth and coordinating the delivery of government
services to the community. The Community Development Plans will translate the
broad General Plan statements to specific actions as they apply to specific
geographical areas...."; and
WHEREAS, during the past several years there has been an unprecedented increase in
development and rezoning applications in the Districts of North and South Kona and many other
developments are planned or are currently under construction; and
WHEREAS, the Hawaii County General Plan seeks to address responsible growth within a
community through a Community Development Plan process that is designed to determine the
specific needs of a community and to ensure that adequate public services and infrastructure are
available to preserve public health and welfare; and
WHEREAS, the Districts of North and South Kona comprised the first community selected
by the Planning Director for implementation of a Community Development Plan, and a 15-member
Steering Committee appointed by the Mayor was confirmed by the Council on February 1, 2006;
and
WHEREAS, the North and South Kona Community Development Plan process has created
an effective outreach program to gather public input through numerous facilitated community
meetings and several major fact-finding public workshops in order to define a community vision
and determine a methodology for well-planned future growth in the Districts of North and South
Kona; and
WHEREAS, the Mayor, the Planning Department, the County Council, and the Kona
community are committed to the Community Development Plan process as a guiding principle for
responsible smart-growth planning in the Districts of North and South Kona.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII, that Council action on rezoning applications occurring in the Districts of North and
South Kona be temporarily delayed until the North and South Kona Community Development Plan
is adopted by ordinance, or until April 1, 2007, whichever shall occur first.
BE IT FURTHER RESOLVED, that temporary delay of Council action on rezoning
applications shall not affect or apply to any and all federal, State and County community-based
and/or self-help housing projects involving agencies and programs including, but not limited to, the
following:
• The State Department of Hawaiian Home Lands housing projects in accordance with its
December 30, 2002 "Memorandum of Agreement Between the County of Hawaii and
the Department of Hawaiian Home Lands";
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• The State Housing and Community Development Corporation of Hawaii ("HCDCH")
program;
• Public projects involving schools, water and sewer systems, and any other projects that
specifically benefit the public's health, safety and welfare; and
• The Habitat for Humanities program, elderly housing projects, and homeless shelters.
BE IT FURTHER RESOLVED, that if on or before April 1, 2007, the North and South
Kona Community Development Plan has not been adopted by the Council by Ordinance, an
extension of time in increments of not more than six (6) months each, shall be requested by
Resolution.
BE IT FINALLY RESOLVED, that the County Clerk shall forward certified copies of this
resolution to the North and South Kona Community Development Plan Steering Committee, Mayor
Harry Kim, the County Planning Department, the Planning Commission, the Department of Public
Works, and the Department of Finance.
Dated at , Hawaii, this day of , 2007.
I~ROL?rTJ ED B
COUNCIL MEMB ,COUNTY OF HA AI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii Aves NOES ABS Ex
Hilo, Hawaii FORD
HIGA
I hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA
Couuty of Hawaii on
JACOBSON
NAEOLE
ATTEST: PILAGO
YAGONG
YOSHIMOTO
Reference: C-18/PC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. Z6 ~
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