HomeMy WebLinkAboutRES 052 Draft 01 1992-1994COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0.____ Z_9~
WHEREAS, Section 205-6, Hawaii Revised Statutes, relating
to Special Permit, authorizes the county planning commission to
grant a permit for certain unusual and reasonable uses within
agricultural and rural districts other than those for which the
district is classified; and
WHEREAS, Akahi Joint Venture Permit Application 91-19
seeks permit approval from the Hawaii County Planning Commission
for a 54-unit guest over night accommodation complex; and
WHEREAS, Chapter 25, Hawaii County Code, relating to
zoning defines a "Hotel" as a building containing sleeping
accommodations in six or more rooms which do not constitute
dwelling units for the use of persons on a commercial basis,
whether such establishment is called a hotel, inn, motel, motor
hotel, motor lodge or otherwise; and
WHEREAS, Chapter 19, Hawaii County Code, relating to real
property taxation also provides that lands be classified, upon
consideration of its highest and best use, into the following
general classes:
(A) Improved Residential
(B) Unimproved Residential
(C) Apartment
(D) Hotel and Resort
(E) Commercial
(F) Industrial
(G) Agricultural
(H) Conservation and
(I) Homeowner; and
WHEREAS, approval of the special permit application will
allow lands classified agriculture to be developed for uses
which would be more appropriate in the hotel and resort
classification, as such the county may not realize the full tax
revenues from said development; and
WHEREAS, Section 205-6 authorizes the county planning
commission to consider the application, it does not mandate that
the application for permit be approved; and
WHEREAS, the Council of the County of Hawaii finds that
the gran*_ing of the special permit pursuant to Section 205-6,
Hawaii Revised Statues, results in the erosion of county
homerule authority.
/ -
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII, that it urges the Hawaii County Planning Commission to
deny the Special Permit Application 91-19 by Akahi Joint Venture.
BE IT FURTHER RESOLVED that the applicant be encouraged to
pursue the necessary land use amendments in accordance with
appropriate county land use procedures.
BE IT FURTHER RESOLVED that the Clerk of the County of
Hawaii transmit copies of this resolution to the Honorable Andrew
Levin, Senator, State of Hawaii; the Honorable Virginia Isbell,
Representative, State of Hawaii; Ms. Esther Ueda, Executive
Director, Land Use Commission, State of Hawaii; the Honorable
Stephen K. Yamashiro, Mayor, County of Hawaii; Ms. Virginia
Goldstein, Planning Director, County of Hawaii and Mr. Donald
Manalili, Chairperson, Hawaii County Planning Commission.
Dated at Hilo, Hawaii this 5th day of Ma~~ , 1993.
INTRODUCED BY:
COUNCILMEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo. Hawaii
I hereby certify that the foeegoing RE90LUTION was by
the vote indimted to the right hereof adovted by ti;,e COUNCIL
of the County of Hawaii on -May 5 • ' X93 .
ATTEST:
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
HDNK-ABRAM90N X
CHILDS
DE LIMA
DOMINO) X
HALE X
BATH X
ImSE[iILL X
SCHUTTE X
Faefeiaice C-' 95
& PRESIDING OFFICER RESOLUTION NO S2 93