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HomeMy WebLinkAboutRES 016 Draft 02 2006-2008 vv o.y ~~.;:~..!~s COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 16 07 (Draft 2) 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 SEPTEMBER 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 welfaze; except that each political subdivision, as provided by general law, may plan and manage the growth of its population in a more restrictive manner Chan 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, 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 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 September 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"; 2 • 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 September 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 Hilo ,Hawaii, this _gY~ day of January , 2007. INTRO UCED BY• COUNCIL MEMB ,COUNTY OF HA AI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawal`1 AYES NOES ABS EX Hilo, Hawaii FoR~ X HIGA X I hereby certify [hat the foregoing RESOLUTION was by HOFFMANN X the vote indicated to the right hereof adopted by the COiJNCIL of the IKEDA Counnuf Hawaii on January 4, 2007 X SACOBSON X NAEOLE X ATTEST: PILAGO X YAGONG X YOSHIMOTO X 7 1 1 0 J ference: C-18.16/PC-2 ~1 COUN"I'Y CLERK CHAIRMAN P - SOLUTION NO. , , ~-i (Draft 2 ) 3