HomeMy WebLinkAboutRES 432 Draft 01 2018-2020 h,'
COUNTY OF HAWAII ''��� /_• STATE OF HAWAII
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RESOLUTION NO. 432 20
A RESOLUTION URGING THE COUNTY OF HAWAII TO ESTABLISH FUNDING IN
FISCAL YEAR 2020-2021 FOR A COMPREHENSIVE AUDIT AND ANALYSIS OF
CHAPTER 23, SUBDIVISIONS, AND CHAPTER 25, ZONING, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED).
WHEREAS, Hawai`i Revised Statutes, Section 46-4, states in part that"Zoning in all
counties shall be accomplished within the framework of a long-range, comprehensive general plan
prepared or being prepared to guide the overall development of the county. Zoning shall be one of
the tools available to the county to put the general plan into effect in an orderly manner"; and
WHEREAS, Chapter 25, of the Hawai`i County Code 1983 (2016 Edition, as amended),
cited as the "Zoning Code", regulates and restricts development within the framework of the
General Plan in order to promote health, safety, morals, and the general welfare of the County, as
well as adherence to Hawai`i Revised Statute Section 46-4; and
WHEREAS, Chapter 23, of the Hawai`i County Code 1983 (2016 Edition, as amended),
cited as the "Subdivision Control Code", regulates and restricts the development of subdivision
plats and all streets or ways within the County created for the purpose of partitioning land; and
WHEREAS, the Subdivision Control Code was established by Ordinance No. 58,
effective, January 8, 1948, and the Zoning Code was established by Ordinance No. 149, effective
March 7, 1946; and
WHEREAS, as standard practice, subdivision control and zoning codes require regular
review and revision to remain relevant and efficient, consider best practices, and meet the needs of
the communities and development which they guide; and
WHEREAS, numerous targeted amendments have been made over the years to
Chapter 23 and Chapter 25, typically stopgap measures rather than long-term solutions, to address
omissions, errors, and new circumstances; and
WHEREAS, the ability of the Planning Department to successfully administer the
Subdivision Control Code and Zoning Code has been severely compromised as a result of age and
scores of piecemeal amendments, which currently present issues of obsoletion, redundancy, and
conflict, thereby leading to inconsistent interpretations, excessive rulemaking, and increased
appeals of the Planning Director decisions; and
WHEREAS, a comprehensive audit and analysis will help inform the eventual rewrite of
Chapters 23 and Chapter 25, to promote desirable and equitable development while mitigating
negative land use impacts on Hawai`i Island, coupled with improving processes and building trust
among stakeholders, including applicants, county staff, the Windward and Leeward Planning
Commissions, and the County Council, in addition to the community-at-large; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
strongly urges the County administration to include in its Fiscal Year 2020-2021 budget $125,000
for the Planning Department to engage a consultant to complete a comprehensive audit and
analysis of Chapter 23, Subdivisions, and Chapter 25, Zoning, of the Hawai`i County Code.
BE IT FURTHER RESOLVED that the audit and analysis include how Subdivision and
Planning Codes are implemented in the field, any unintended consequences, and
recommendations for improvement to address the unique needs, resources, and aspirations of the
Hawai`i Island community.
BE IT FURTHER RESOLVED that key stakeholders who regularly use the Subdivision
and the Zoning Code, including developers, Planning Department staff, and Leeward and
Planning Commission members, be engaged at the onset of the audit and analysis to set focus,
strategically throughout the process to ensure an in-depth look, and at the end to validate the
analysis and recommendations.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable Mayor, the Planning Director, the Director of Finance, the Director of
Public Works, Corporation Counsel, and the Planning Commission.
Dated at Kona , Hawai`i, this 22nd day of January , 20 20.
INOf // Th
•D ED Y:
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COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted bythe COUNCIL of the
County of Hawaii on January 22, 2020 KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
7 0 2 0
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Reference:
(:Qt::>TY CLERK CHAIRPERSON&PRESI G OFFICER RESOLUTION NO. 432 20
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