HomeMy WebLinkAboutRES 285 Draft 01 2006-2008 w~
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 285
RESOLUTION TO DELAY COUNCIL ACTION ON UPZONING IN THE DISTRICT
OF PUNA UNTIL THE PUNA COMMUNITY DEVELOPMENT PLAN IS ADOPTED
BY ORDINANCE, OR UNTIL SEPTEMBER 1, 2008, WHICHEVER SHALL OCCUR
FIRST.
WHEREAS, the Hawaii State Constitution, Article IX, Section 6, Management of
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 welfare and prosperity of its people... 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 Puna
as most suitable and in need of a Community Development Plan; and
WHEREAS, starting in 1946 with Mauna Loa Estates, rampant unplanned subdivision of
large tracts of native forest have left the District of Puna with an extensive legacy of over 50,000
house lots, many still vacant, beazing a layout and zonings that impair logical community
planning, economic development and quality of life; and
WHEREAS, residents have repeatedly expressed their frustration with the lack of
infrastructure in the form of roads and the resulting traffic congestion, the loss of open space and
agriculture, and the perception that rapid urbanization and previous subdivisions' build-out will
lead to a loss of community, culture, and place in the District of Puna; and
WHEREAS, the Hawaii County General Plan seeks to address responsible growth and
redevelopment 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 aze available to preserve the public health and welfare; and
WHEREAS, a delay on new upzonings in the District of Puna will allow the community,
through a legitimate and deliberate Community Development Planning process, to define how
best to solve existing problems, to redress past land use mistakes and to allocate space for new
growth; and
WHEREAS, the District of Puna comprised the second community selected by the
planning director for implementation of a Community Development Plan, and an 11-member
Steering Committee appointed by the Mayor was confirmed by the Council on June 21, 2006;
and
WHEREAS, the Puna 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 to
determine a methodology for well-planned future growth and community direction in the District
of Puna; and
WHEREAS, the Puna Community Development Plan Steering Committee has requested
that any upzoning in the District of Puna be delayed until the Community Development Plan is
adopted by ordinance or until September 1, 2008, whichever shall occur first; and
WHEREAS, the Mayor, the Planning Department, the County Council, and the Puna
community are committed to the Community Development Plan process as a guiding principle
for responsible smart-growth planning and community direction in the District of Puna; now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that
Council action on upzoning legislation occurring in the District of Puna be delayed until the
Puna Community Development Plan is adopted by ordinance, or until September 1, 2008,
whichever shall occur first; and
BE IT FURTHER RESOLVED, that delay of Council action 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:
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- The State Depaztment of Hawaiian Home Lands housing projects in accordance with its
December, 30, 2002 "Memorandum of Agreement Between the County of Hawaii and
the Depaztment of Hawaiian Home Lands";
- The Hawaii Public Housing Authority (HPHA) program, formerly the State Housing
and Community Development Corporation of Hawaii;
-Public projects involving schools, water and sewer systems, and any other projects that
specifically benefit the public's health, safety and welfaze; and
- The Habitat for Humanities program, elderly housing projects, and homeless shelters;
and
BE IT FURTHER RESOLVED, that any applications for upzoning submitted prior to
the effective date of this resolution shall not be impacted by this resolution; and
BE IT FINALLY RESOLVED, that the County Clerk shall forwazd copies of this
resolution to the Puna Community Development Plan Steering Committee, Mayor Harry Kim,
the Planning Department, the Planning Commission, the Department of Public Works, and the
Department of Finance.
Dated at -Kona , Hawaii, this 6th day of September , 2007.
INTRODUCED BY~: ~ ~j ~
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COUNCI EMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii FORD x
HIGA g
I hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA
CounTyofHawai`ion September 6, 2007 JACOBSON
X
NAEOLE X
ATTEST: PILAGO X
YAGONG X
YOSHIMOTO x
6 2 1 0
Reference: C-568/PC-44
COUNTY CLERK CHAIRMA OFFICER RESOLUTION NO. 2+SS
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