HomeMy WebLinkAboutCOM 0018.001 2006-2008 Of y
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Harry Kim Christopher J• Yuen
Mayor ; Director
4rE•o~•N~:'~ Brad Kurokawa, ASLA
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PLANNING DEPARTMENT
101 Pauahi S[reet, Suite 3 Hilo, Hawaii 96720-3043
(808) 961-8288 FAX (808) 96L-8742
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December 18, 2006 -
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Honorable K. Angel Pilago, Chair J `
and Members of the Committee on Planning ~r
COMMITTEE ON PLANNING
333 Kilauea Avenue
Hilo, HI 96720
Deaz Chair Pilago and Members of the Committee on Planning:
SUBJECT: RESOLUTIONS 16-07 AND 17-07
RESOLUTION TO TEMPORARILY DELAY COUNCIL
ACTION ON REZONING APPLICATIONS
The Council is considering resolutions that would defer Council action on rezoning
applications in North and South Kona until April 1, 2007 or adoption of a community
development plan by ordinance, whichever comes first, and in South Kohala until Jan. 1,
2008, or adoption of a CDP by ordinance, whichever comes first. There are certain
exceptions.
The Council may defer action on rezoning applications if it wishes, although an indefinite
deferral might create legal concerns. The Planning Department, however, must follow
the Zoning Code, which gives a property owner the right to file a rezoning application
and have it processed by the Department and the Planning Commission and forwarded to
the Council within set time frames. See sec. 25-2-42. Because the resolution would not
override these provisions of the Zoning Code, which was enacted by ordinance, the
Planning Department must continue to process applications and send them on through the
Planning Commission and then to the Council, unless directed otherwise by ordinance.
The Zoning Code also requires the Planning Director to make a recommendation on each
rezoning application, and we will continue to do that. We have never promised the
public that the community development plan process would create a halt in the
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Ref. To: ~tessat •
Ref. Date ItF(~6
Hawaii County is an Equal Opportunity Provider and Employer.
Honorable K. Ange] Pilago, Chair
and Members of the Committee on Planning
COMMITTEE ON PLANNING
Page 2
December 18, 2006
processing of rezoning applications. We could not make that promise, given the
requirements of the Zoning Code.
As far as timing, the Kona Community Development Plan is still being drafted. After a
draft is prepared, it must be presented to the Steering Committee, and if it receives
Steering Committee approval, it will have to go through the Planning Commission before
it comes to the Council.
The community development plans for North and South Kohala are in an earlier stage
then Kona. We are preparing a scope of work for the consultant contract. Because there
has been extensive preparatory work in these districts, we expect that the time frame from
consu]tant selections to final drafts maybe shorter than in Kona, but they will almost
certainly not be ready to go to the Council by Jan. 1, 2008. These will have the same
Steering Committee-Planning Commission-Council process after the final draft is done.
Sincerely,
C~~1~~~~
CHRISTOPHER J..
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Planning Director
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Wpwin60/Christ/Council CDP delay reso letter
cc: Mayor Harry Kim
Corporation Counsel
Mr. Norman Hayashi -Planning Section