HomeMy WebLinkAboutREP PC 358 07/25/1988 1984-1988 REPORT OF
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ilk
CSMT';�EOl PLANNING N I NG
DATE: July 25 , 1988
Re : Comm. 1703
PLACE : Councilroom
TIME: 1 : 30 p.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No . 593,
reports as follows :
Bill 593 amends the Hawaii County Code by including a new chapter
relating to Development Agreements .
According to the Planning Department, "the purpose of the bill is to
provide a means by which an individual may be assured at a specific
point in time that having met or having agreed to meet all of the
terms and conditions of a Development Agreement , the individual ' s
rights to develop a property shall be vested . " The department
further stated that " It is felt that the lack of certainty in the
development approval process can result in a waste of resources and
escalate the cost of development . "
In response to Councilman Russell Kokubun' s question regarding
modification of the Development Agreement , Corporation Counsel stated
that "I think the modification would have to be sought after mutually
by both the County and the developer once they ' re in place . "
Councilman Kokubun inquired further if this meant that the Council
would then be required to adopt another resolution to acknowledge the
changes . Corporation Counsel answered in the affirmative .
Councilman Kokubun asked the Planning Director as to why the bill
states that the development agreement "may" rather than "shall"
provide commencement and completion dates . The Planning Director
stated that he believes that the department followed the language in
the statute .
When asked the similar question, Corporation Counsel stated that he
would have to review the language in the statute ; however , he
believes that the Council would have the prerogative of using either
"may" or "shall" .
Councilwoman Lorraine Jitchaku-Inouye asked the Planning Director
whether a development agreement would be applied for after or
simultaneously with a rezoning application. The Planning Director
stated that it could be either after or simultaneously or it could
also be in conjunction with a General Plan amendment request .
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PC REPORT No .
Vgn• ALei d � 19g6 ,A1-/0 - Mee -FA- ADOPTED :
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PC-358 Page 2 July 25 , 1988
Councilman Kokubun stated that, at this point in time, he is not in a
position to vote in favor of the bill . He added that he is concerned
about the fact that development agreements will be approved as . 4
administrative actions, meaning that the Council ' s role may be -r
reduced to merely rubber stamping the agreements.
Councilman Sherwood Greenwell stated that even if the Committee
forwards the bill to the Council, Councilmembers will still have two
readings in which to make further input .
Your Committee on Planning is in accord with the intent and purpose
of Bill 593 and recommends that it pass first reading .
� r
TAKASHI D MINGO, CHAIRMAN
SP C'R K. SCHUTTE, VICE CHR. FRANK DE LUZ III, MEMBER
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SHERWOOD R. H. GREENWELL, MEMBER ORRA liarTCHAKU INOU E, , EMBER
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RUSSELL S. OKUBUN, MEMBER M LE K. LAI, MEMB, R
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