HomeMy WebLinkAboutREP PC 010 01/21/1997 1996-1998 REPORT OF THE
COMMITTEE ON PLANNING
DATE: January 21, 1997 Re: C-201 '
PLACE: Councilroom
TIME: 2:45 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 44 transmitted by Council Member
Brian De Lima via Communication No. 201, dated Januazy 26, 1995, relating to zoning
regulations, reports as follows:
Bill No. 44 amends Section 2-33, Article 2, Chapter 2 of the Hawaii County Code 1983, as
amended, relating to zoning regulations. The purpose of the bill is to provide that the County
General Plan or zoning ordinance supersedes any conflicting provision contained in a
redevelopment plan adopted by the Hawaii Redevelopment Agency (HRA).
Bill No. 44 was deferred at the Planning Committee's meetings on March 16, 1995, April 6, 1995
and April 20, 1995 pending a response from the Attorney General.
Based on an opinion from the State Attorney General via Communication No. 1204.01 dated
June 3, 1996, it was concluded that the County may not change the zoning of the Kaiko'o project
as the County lacks the authority to promulgate zoning changes affecting lands which aze subject
to the redevelopment plan. The HRA has not been properly abolished under Section 53-81,
HRS, and the powers and functions of the HRA were never transferred to the County.
The Council elected to reactivate the HRA and requested the mayor to appoint members to the
Agency. Three out of the five members of the HRA have been confirmed.
In view of the above, Your Committee on Planning recommends that Bill No. 44'be filed.
CES
AYES NOES A&E EX Respectfully submitted
LEITIIEAn-TOnn X COMMITTEE O PLA [NG
TYLER ~
cuuNG X Ekt3 _
RI>vNOLOS X Y JEAN LEITHEAD-TODD, CHAIR
SANTANGELO J(
sMITU x PC REPORT NO. 10
YAGONG x ADOPTED: FEB 1.9 1997
ARAKAKI E.O.M.