HomeMy WebLinkAboutCOM 0485.006 2012-2014 COUNTY CLERIC
COUNTY OF HAWAII
SUBMITTED BY: MARK VAN PERNIS RECEIVED
Time . c1 A_- By
Date 3 3
Members of the County Council Planning Committee, I bring to your
attention Reclassification Procedures and Standards published in Chapter
205 of the Hawaii Revised Statutes. Research of the legislative history of the
15 acre rule address points applicable to Bills 143 and 144.
I ask you to consider the following :
Point #1:
Under Governing Law, Actions must be consistent with Chapter
205, Hawaii Revised Statutes regarding:
• Conformance with the State Plan. No amendment to any land use
district boundary shall be adopted unless it conforms to Hawaii
State Planning Act chap. 226.
• Decision making standards. Land use standards apply even if the
decision making body is the County Council for land less than 15
acres.
• There is not a county-level ordinance that describes the procedure
that the County Council must follow when it acts to reclassify state
land use district boundary for land less than 15 acres.
Point #2
Staff Recommendation presented for Bill 144 by referring to a PUD
application:
• Staff refers only to housing without addressing other important points
listed in Chap. 226 of the Hawaii State Planning Act. These are,
Scenic, Natural beauty, Historic resources, Water, Solid and Liquid
Wastes, Transportation, Energy, Telecommunications, Social
Services, Culture, Public safety, Education, Leisure and Individual
rights and personal well being.
I ask you to consider these legal issues before making your decision
regarding Bills 143 and 144.
Thank you.
Comm. No. SW:
Ref.To: P/P 3 Z 013
Ref. Date DEC