HomeMy WebLinkAbout2022-10-11 PROPOSED AMENDMENTS TO BILL NO. 194 BY COUNCILMEMBER HOLEKA INABADeVera, Ashley
Subject: FW: Inaba requests suggested amendments to the Leeward Planning Commission
regarding Bill 194
Attachments: 14-Inaba B194, requests amendments to Planning Commissions October 7, 2022.doc
From: Baez, Wendy < nndy.Baez@hawaiicounty.gnv>
Sent: Tuesday, October 11, 2022 2:05 PM
To: Kern, Zendo <Z_�ndo 1.< rn_( h� dice L.An.. nv>
Cc: Darrow, Jeff <1_offeD. rr wC�2_hawaiJc0Unt.. ov>; Jackson, Maija <I�,taj a.Jackson@)hawaiicounty.: ovv>; Sauer, Noriko
<Noriko.Sauer(2_h� �.%ica L.An.. aav>; LPCtestimony <Ipctgstimo y(h iicount ov>; Inaba, Holeka
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Subject: Inaba requests suggested amendments to the Leeward Planning Commission regarding Bill 194
Aloha Zendo,
Attached are changes that Holeka is requesting to Bill 194 for review and discussion by the Leeward Planning
Commission at its next meeting.
Thank you.
Wendy P. Baez, Legislative Assistant to Holeka Goro Inaba, Ed.D.
District 8 Council Member, North Kona
West Hawaii Civic Center — Building "A"
74-5044 Ane Keohokalole Hwy., Kailua-Kona, HI 96740
808/323-4279 or 808/936-7307 1 Email: Wendy.Baez(a),hawaiicounty.gov
Nothing is so Strong as Gentleness, and Nothing is so Gentle as Real Strength...
�,MYY Oi N,�9
COUNTY OF HAWAI`I • STATE OF HAWAI`I
YT\Oi_�N i�
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-
2-44, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
RELATED TO CONDITIONS ON CHANGE OF ZONE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 25, article 2, division 4, section 25-2-44, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-2-44. Conditions on change of zone.
(a) Within any ordinance for a change of zone, the council may impose conditions on
the applicant's use of the property subject to the change of zone provided that the
council finds that the conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of the
proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
(b) [Changes or alterations o Requests to change or alter the conditions of any change
of zone ordinance shall be processed in the same manner as a zone changes
the council authorizes the ..L..,nges .. alterations to be made by tL.o director. _Hle_ss Commented [BW1]: spike code language.
�t hv, ,.11emve l l ., t' rot �.nguage granting extensions of time by the , - commented [BW2]: spike our insertion
Planning Director shall not be included in any change of zone ordinance.) _ _ commented [BW3]: Add sentence.
The right to an administrative time extension shall not be approved by the Council
after the effective date of this ordinance. The right to an administrative time
extension approved before the effective date of this ordinance are still valid. _ , - commented [BW4]: Add paragraph.
(c) A request for any change or alteration of conditions shall be submitted in writing to
the director, in lieu of the application required for an applicant -initiated change of
zone. The request shall be accompanied by a filing fee of $250.
(d) If the applicant fails to fulfill any conditions of the zone change within the specified
time limitations, the director or council may initiate the process for enactment of an
ordinance reverting the affected property back to its original zoning designation or a
more appropriate zoning designation in accordance with section 25-2-43."
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: