HomeMy WebLinkAboutRES 253 Draft 01 2014-2016
OFFICE INFORMATION ONLY
Meeting: Council
Action: Withdrawn by introducer (Mr. Ilagan) per Comm. 425.1 dated August 24, 2015.
Re: Resolution 253-15/C-425/Waived: PC
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COUNTY OF HAWAII •_ :-. /i• STATE OF HAWAII
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RESOLUTION NO. 253 15
A RESOLUTION PROPOSING AN AMENDMENT TO THE COUNTY OF HAWAII
GENERAL PLAN, IN ACCORDANCE WITH THE GENERAL PLAN
COMPREHENSIVE REVIEW PROCESS, RELATING TO MEDICAL MARIJUANA
DISPENSARIES.
WHEREAS, the Hawai`i County Planning Director initiated a comprehensive review of
the County of Hawai`i General Plan on February 6, 2015; and
WHEREAS,pursuant to section 16.1(3) of the General Plan, the Planning Director
established June 6, 2015 as the deadline for Council initiated amendments to the Plan during the
comprehensive review process; and
WHEREAS, in consideration of the Council Planning Committee's request to postpone
this deadline, the Planning Director postponed the deadline for Council initiated amendments
until September 8, 2015; and
WHEREAS, the Council submits this resolution in response to the Planning Director's
invitation to submit amendments to the General Plan; and
WHEREAS, Act 241, Session Laws of Hawai`i 2015, establishes a regulated statewide
dispensary system for medical marijuana to ensure safe and legal access to medical marijuana for
qualifying patients; and
WHEREAS, Act 241 requires the Department of Health to issue two dispensary licenses
within Hawai`i County; and
WHEREAS, the holder of each dispensary license may have up to two "production
centers" and up to two "retail dispensing locations"; and
WHEREAS, retail dispensing locations and production centers are not allowed to be at
the same location; and
WHEREAS, Act 241 states that"Medical marijuana production centers and dispensaries
shall comply with all county zoning ordinances, rules, or regulations, provided that(1) A
medical marijuana production center shall be permitted in any area in which agricultural
production is permitted except as provided within this chapter, and (2)No medical marijuana
production center or dispensary shall be permitted within seven hundred fifty feet of the real
property comprising a playground, public housing project or complex, or school"; and
WHEREAS, Act 241 amends Section 46-4 of Hawai`i Revised Statutes, relating to
County zoning, to prohibit any restrictions by County ordinance on the use of land for licensed
medical marijuana production centers or licensed medical marijuana dispensaries, provided that
the land is otherwise zoned for agriculture, manufacturing, or retail purposes; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Planning Director consider the following proposals during the Director's review and analysis of
suggestions offered during this initial phase of the comprehensive review process and ultimately
incorporate them as possible, into the final proposed amendments to the Hawai`i County General
Plan:
1. The County should consider establishing and promulgating ordinances, rules and
regulations relating to medical marijuana production centers and medical marijuana
dispensaries that are consistent with applicable State law.
2. Lands where licensed medical marijuana production centers or licensed medical
marijuana dispensaries may be permitted, under applicable State and County laws,
should be identified within Hawai`i County.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to Hawai`i County Planning Director, Duane Kanuha.
Dated at , Hawai`i, this day of , 20 .
INTRODUCED BY:
C CIL EMBER, COfINTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by EOFF
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN
County of Hawai`i on
KANUHA
ONISHI
ATTEST: PALEKA
POINDEXTER
WILLE
Reference: C-425/Waived PC
COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER RESOLUTION NO. 253 15
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