HomeMy WebLinkAboutRES 044 Draft 01 2006-2008 <~~M
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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. '~4 0
RESOLUTION TO TEMPORARILY DELAY COUNCIL ACTION ON REZONING
APPLICATIONS IN THE DISTRICT OF NORTH KOHALA WHICH PERMIT
TRANSIENT LODGING ACCOMMODATIONS OR WHICH RE-DESIGNATE
AGRICULTURAL LAND INTO ZONING DISTRICTS WITH A MINIMUM LAND AREA
LESS THAN TWENTY (20) ACRES IN SIZE, UNTIL THE NORTH KOHALA
COMMUNITY DEVELOPMENT PLAN IS ADOPTED BY ORDINANCE, OR UNTIL
FEBRUARY 22, 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 3-15, 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 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 North
Kohala as most suitable and in need of a Community Development Plan; and
WHEREAS, in compliance with the Hawaii County General Plan, selection of the North
Kohala Community Development Plan Steering Committee is underway; 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 730 people have participated in small group meetings in North Kohala, which translates to
roughly 12.1 % of the total population of 6,038 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 North 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
North Kohala; and
WHEREAS, North Kohala residents have a 20-year documented history of support for
preservation of open space, agriculture, and the numerous natural, scenic, historic, and cultural
resources abounding in North Kohala and along its coast; and
WHEREAS, the 1983 North Kohala Community Development Plan recommended that the
entire length of the North Kohala Coast be reclassified as Open in the General Plan, and the 1992
Northwest Hawaii Open Space and Community Development Plan recommended a comprehensive
effort to protect valuable North Kohala coastal areas as open space for public use and enjoyment;
and
WHEREAS, a temporary delay on new rezonings for transient lodging accommodations in
the North Kohala district will allow the community, through a legitimate and deliberate Community
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Development Planning process, to define how best to solve existing problems and allocate space for
new growth; and
WHEREAS, a temporary delay on new rezonings which re-designate agricultural land into
zoning districts smaller than twenty (20) acres in size in the North Kohala district will allow the
community, through its Community Development Planning process, to define how best to preserve
existing agricultural land and allocate space for new growth; and
WHEREAS, the North 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 North
Kohala which permit transient lodging accommodations or which re-designate agricultural land into
zoning districts with a minimum land area less than twenty (20) acres in size be temporarily delayed
until the North Kohala Community Development Plan is adopted by ordinance, or until February
22, 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 February 22, 2008, the North 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.
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BE IT FINALLY RESOLVED, that the County Clerk shall forward 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 , Hawaii, this day of , 2007.
INT DUCED BY:
~7,
COUNCIL ME BER, CO F HAWAI
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES Noes ABS Ex
Hilo, Hawaii FORD
HIGA
1 hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the [KEDA
County of Hawaii on
IACOBSON
NAEOLE
ATTEST: PILAGO
YAGONG
YOSHIMOTO
Reference: C-112/PC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ ~ ~
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