HomeMy WebLinkAboutRES 060 Draft 01 2010-2012 COUNTY OF HAWAII '•• STATE OF HAWAII
RESOLUTION NO. GO 1i
RESOLUTION TO TEMPORARILY DELAY COUNCIL ACTION ON GENERAL
PLAN AMENDMENTS AND REZONING APPLICATIONS IN THE DISTRICT OF
KA`U UNTIL THE KA`f1 COMMUNITY DEVELOPMENT PLAN IS ADOPTED BY
ORDINANCE, OR UNTIL DECEMBER 31, 2012, 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 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 Hawaii County General Plan, Section 15. 1, the Planning
Director has selected the district of Ka`u as most suitable and in need of a Community
Development Plan; and
WHEREAS, in compliance with the Hawaii County General Plan, the Ka`u Community
Development Plan Steering Committee has been appointed by the Mayor and confirmed by
Council; 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 Ka`u; and
WHEREAS, the Planning Department, the County Council, and the Ka`u 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 Ka`u; and
WHEREAS, a temporary delay regarding new General Plan amendments and rezoning
applications in the Ka`u district will allow the community, through a legitimate and deliberate
Community Development Planning process, to define how best to solve existing problems and
plan for the community's future; and
WHEREAS, the Ka`u Community Development Planning process, including adoption, is
expected to take 18 months to complete; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that
Council action on General Plan amendments and rezoning applications occurring in the district
of Ka`u be temporarily delayed until the Ka`u Community Development Plan is adopted by
ordinance, or until December 31, 2012, whichever shall occur first.
BE IT FURTHER RESOLVED, that temporary delay of Council action on General
Plan amendment and 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:
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I . 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;
3. Public projects involving schools, water and sewer systems, and any other projects
that specifically benefit the public's health, safety and welfare; and
4. The Habitat for Humanities program, elderly housing projects, and homeless shelters.
BE IT FURTHER RESOLVED, that if on or before December 31, 2012, the Ka`u
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 copies of this
resolution to the Honorable Mayor William P. Kenoi, the County Planning Department, the
Windward Planning Commission, and the Office of Housing and Community Development.
Dated at , Hawai`i, this day of , 2011.
INTRODUCED BY:
CIL EM R, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii BLAS
FORD
I hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA
County of Hawaii on
ONISHI
PILAGO
ATTEST: SMART
YAGONG
YOSHIMOTO
Reference: C- 163 /PC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.
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