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HomeMy WebLinkAboutCOM 0163.008 2010-2012 � / . Oi M • BRITTANY SMART : �� Phone: (808) 961 - 8263 Councilmember +�. 4 /; ; Fax: (808) 961 - 8912 Hawai `i County Council • = • bsmart @co.hawaii.hi.us District 6 Upper Puna, Ka '17, South Kona ''� o i: M�i ► Hawai `i County Council County ofHawai`i 25 Aupuni Street Hilo, Hawai `i 96720 w-+ DATE: July 5, 2011 TO Dominic Yagong, Council Chair and Members of the Hawai`i County Council ate: FROM Brittany Smart, Council Member in • cc> Wi/ SUBJECT: Proposed Amendment to Resolution No. 60 -11. Please find attached a proposed amendment to Resolution No. 60 -11 (RESOLUTION TO TEMPORARILY DELAY COUNCIL ACTION ON GENERAL PLAN AMENDMENTS AND REZONING APPLICATIONS IN THE DISTRICT OF KA`U). The proposed amendment is illustrated below by Ramseyer format with respect to Resolution No. 60 -11. The proposed amendment is: A new BE IT FURTHER RESOLVED clause is added after the BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII clause, as follows: BE IT FURTHER RESOLVED, that the temporary delay of Council action on General Plan amendments and rezoning applications shall not affect or apply to any and all pending applications, which have been accepted by Planning Department as complete, assigned a file number, and are being processed by Planning Department staff on or before this resolution's adoption date. A draft copy of Resolution No. 60 -11, Draft 2, is attached with the proposed amendment incorporated therein. BS:nh Comm. No. 1“. e Ref. To: Pc_ T '"� Serving the Interests of the People of Our Island Hawai `i County is an Equal Opportunity Provider and Employer Ref. Dote JUL U 6 2011 RESOLUTION TO TEMPORARILY DELAY COUNCIL ACTION ON GENERAL PLAN AMENDMENTS AND REZONING APPLICATIONS IN THE DISTRICT OF KA`U UNTIL THE KA`U COMMUNITY DEVELOPMENT PLAN IS ADOPTED BY ORDINANCE, OR UNTIL DECEMBER 31, 2012, WHICHEVER SHALL OCCUR FIRST. WHEREAS, the Hawai`i 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 Hawai`i 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 Hawai` i 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 Hawai`i 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 Hawai`i 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 the temporary delay of Council action on General Plan amendments and rezoning applications shall not affect or apply to any and all pending applications, which have been accepted by Planning Department as complete, assigned a file number, and are being processed by Planning Department staff on or before this resolution's adoption date. 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 by federal, State and County community -based and /or self -help housing projects involving agencies and programs including, but not limited to, the following: 1. The State Department of Hawaiian Home Lands housing projects in accordance with its December 30, 2002 "Memorandum of Agreement Between the County of Hawai`i and the Department of Hawaiian Home Lands; 2. The State Housing and Community Development Corporation of Hawai`i ( "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.