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Home My WebLink AboutRES 313 Draft 01 2010-2012 COUNTY OF HAWAII :•�� '-' 'f/ • STATE OF HAWAII 74.Gf•M�,i _. RESOLUTION NO. 313 12 RESOLUTION TO DELAY COUNCIL ACTION ON UPZONING IN THE PAHOA VILLAGE REGIONAL TOWN CENTER PLANNING AREA UNTIL PHASE I OF THE PAHOA REGIONAL TOWN CENTER PLAN IS ADOPTED BY ORDINANCE, OR UNTIL JUNE 30, 2013, WHICHEVER SHALL OCCUR FIRST WHEREAS, the Hawai`i 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 Hawai`i 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, 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... 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 provisions of the General Plan to ensure responsible growth and preserve the public health and welfare, the Puna Community Development Plan, as amended, was adopted by Ordinance No 08-116 on September 10, 2008; and WHEREAS,the Puna Community Development Plan identifies Pahoa as Regional Town Center with historic development patterns that define a unique "sense of place" and as a strong candidate for Special Design District designation; and WHEREAS,the Puna Community Development Plan calls for the preparation of a regional town center plan through an inclusive community based process that involves major stakeholders, including landowners, community representatives, and public agencies; and WHEREAS, Pahoa, being geographically situated near the center of the most rapidly growing portion of the Puna District, is the principle point of access to goods and services for local residents and visitors alike; and WHEREAS, Pahoa has experienced extensive and persistent commercial development and redevelopment activity as well as multiple applications for up-zoning over the past 10 years with little or no ability to address inadequate infrastructure needs or to preserve its unique "sense of place"; and WHEREAS, a delay on new up-zonings in the Pahoa Regional Town Center planning area will allow the community, through a legitimate, deliberate and inclusive community based planning process, to define how best to solve existing problems, to allocate space for new growth and to preserve its historical heritage; and WHEREAS, a Pahoa Regional Town Center Plan Steering Committee consisting of community leaders and interested stakeholders formed in October 2011 to begin a process for developing a growth management plan with design guidelines for Pahoa Village, and has identified a preliminary Pahoa Regional Town Center planning area, generally corresponding with the urban use boundaries described in the General Plan Land Use Pattern Allocation Guide map amendments introduced by the Planning Director in Bill 230 and depicted on Exhibit A; and WHEREAS,the Pahoa Regional Town Center Plan Steering Committee has initiated an effective outreach program to gather public input through facilitated community meetings and an extensive public survey in order to define a community vision and to determine a methodology for well-planned future growth and community direction in Pahoa; and WHEREAS, the Pahoa Regional Town Center Plan Steering Committee and the Puna Community Development Plan Action Committee have requested that any up-zoning in the Pahoa Regional Town Center planning area be delayed until the Pahoa Regional Town Center Plan is adopted by ordinance or until June 30, 2013, whichever shall occur first; and WHEREAS, the Mayor, the Planning Department, the County Council, and the Pahoa community are committed to the Regional Town Center Plan process as a guiding principle for responsible smart-growth planning and community direction in Pahoa; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that Council action on up-zoning legislation occurring in the Pahoa Regional Town Center planning area, as depicted in Exhibit A, be delayed until the Pahoa Regional Town Center Plan is adopted by ordinance, or until June 30, 2013, whichever shall occur first. 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: 2 • 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"; • The Hawai`i Public Housing Authority (HPHA) program, formerly the State Housing and Community Development Corporation of Hawai'i; • Public projects involving schools, water and sewer systems, and any other projects that specifically benefit the public's health, safety and welfare; and • The Habitat for Humanities program, elderly housing projects, and homeless shelters. 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. BE IT FINALLY RESOLVED,that the County Clerk shall forward copies of this Resolution to: The Honorable William P. Kenoi, Mayor of the County of Hawai`i; Bobby Jean Leithead Todd, Director of the County of Hawai`i Planning Department; Robert Fitzgerald, Director of the County of Hawai`i Department of Parks and Recreation; Warren Lee, Director of the County of Hawai`i Department of Public Works; Nancy Crawford, Director of the County of Hawai`i Department of Finance; Lincoln Ashida, Corporation Counsel for the County of Hawai`i; Amy G. Self, Deputy Corporation Counsel for the County of Hawai`i; the Windward Planning Commission; the Pahoa Regional Town Center Steering Committee; and the Puna Community Development Plan Action Committee. Dated at Hilo , Hawai`i, this 9th day of January , 2013. INTRODUC D BY: COUNCIL MEMBER, COUNTY OF HAWAI`I ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the X County of Hawaii on January 9, 2013 KANUHA KERN X ONISHI X ATTEST: POINDEXTER X WILLE X ' YOSHIMOTO X . 9 0 0 0 r- Reference: C-873/PC-4 COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER RESOLUTION NO. 3 -3 12 3