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HomeMy WebLinkAboutRES 017 Draft 01 2006-2008 tY Oi ,i V~L~ ~ COUNTY OF HAWAII STATE OF HAWAII • ° •h'o~'HV~ RESOLUTION NO. 17 ~)7 RESOLUTION TO TEMPORARILY DELAY COUNCIL ACTION ON REZONING APPLICATIONS IN THE DISTRICT OF SOUTH KOHALA UNTIL THE SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN IS ADOPTED BY ORDINANCE, OR UNTIL JANUARY 5, 2008, 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-] 5, 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, standards 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 welfare 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 are 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, pursuant to the provisions of the General Plan to ensure responsible growth and preserve the public health and welfare, the Planning Director has selected the district of South Kohala as most suitable and in need of a Community Development Plan; and WHEREAS, in compliance with the Hawaii County General Plan, recruitment for the South Kohala Community Development Plan Steering Committee is underway with a deadline of December 18, 2006 for the receipt of applications; and WHEREAS, recognizing the importance of public participation and community-based planning, on May 17, 2006, the Council of the County of Hawaii approved Resolution 338-06 requested by Council Member Pete Hoffmann, totaling THIRTY THOUSAND DOLLARS ($30,000.00), to supplement public engagement efforts for the Community Development Plan process in South Kohala; and WHEREAS, the Community Development Plan process has created an effective outreach program to define community vision and gather public input through a series of facilitated community meetings in Kohala; and WHEREAS, according to data from the County Department of Research and Development, over 1,580 people have participated in small group meetings in Kohala, which translates to roughly 8.2% of the total population of 19,169 people (2000 U.S. Census data), compared to an estimated participation rate of 2.7% for North and South Kona and of 3.3% for Puna in their Community Development Planning meetings; and WHEREAS, the Planning Department, the County Council, and the Kohala community have demonstrated their strong commitment to the Community Development Plan process as a guiding principle for well-planned and responsible future growth for the district of South Kohala; and WHEREAS, residents have repeatedly expressed their frustration with the lack of infrastructure in the form of roads and the resulting traffic congestion, a lack of affordable housing, the loss of open space and agriculture, and the perception that rapid urbanization will lead to a loss of community, culture, and place in the South Kohala district; and WHEREAS, a temporary delay on new rezonings in the South Kohala district will allow the community, through a legitimate and deliberate Community Development Planning process, to define how best to solve existing problems and allocate space for new growth; and 2 WHEREAS, the South Kohala Community Development Planning process is expected to take 18 to 24 months to complete. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that Council action on rezoning applications occurring in the district of South Kohala be temporarily delayed until the South Kohala Community Development Plan is adopted by ordinance, or until January 5, 2008, 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; • 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 January 5, 2008, the South Kohala 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. 3 BE IT FINALLY RESOLVED, that the County Clerk shall forward certified copies of this resolution to Mayor Harry Kim, the County Planning Department, the Planning Commission, the Department of Public Works, and the Department of Finance. Dated at Hilo ,Hawaii, this 4th day of January , 2007. INTRODUCED BY: COUNCIL 1E BER, C ' OF AWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES Noss ABS ex Hilo, Hawaii FORD X HIGA X t hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA County of Hawaii on January Q ~ 2007 X JACOBSON X NAEOLE X ATTEST: PILAGO g YAGONG X YOSHIMOTO X ~ 7 1 1 0 ? Reference: C-19/PC- 3 C~ C ERK CHAIRMAN OF RESOLUTION NO. ,L"7 ~ t % 4