HomeMy WebLinkAbout2022-10-20 PD POWERPOINT PRESENTATION FOR LPC HEARING (PL-CCI-2022-002)COUNTY COUNCIL INITIATED
BILL 194 RELATING TO CONDITIONS ON
CHANGE OF ZONE ACTIONS
AMENDMENT TO CHAPTER 25, ARTICLE 2, DIVISION 4 OF THE
HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED)
(PL-CCI-2022-000002)
PRESENTED AT THE OCTOBER 20, 2022 LEEWARD PLANNING
COMMISSION HEARING
BILL 194 REQUEST &PURPOSE
■ THE HAWAI `I COUNTY COUNCIL HAS INTRODUCED BILL NO. 194, WHICH
SEEKS TO AMEND CHAPTER 25 ZONING CODE, ARTICLE 2, DIVISION 4,
OF THE HAWAI `I COUNTY CODE 1983 (2016 EDITION, AS AMENDED,
RELATING TO CONDITIONS ON CHANGE OF ZONE ACTIONS.
■ THE PURPOSE OF THIS BILL IS TO CLARIFY THAT THE PLANNING DIRECTOR MAY
NOT EXTEND THE TIME ALLOWED TO SATISFY CONDITIONS WITHIN A CHANGE
OF ZONE ORDINANCE UNLESS SPECIFICALLY AUTHORIZED BY THE COUNTY
COUNCIL.
PROPOSED AMENDMENTS TO HCC
CHAPTER
25
(ZONING)
■ BILL 194 SEEKS TO AMEND ARTICLE 2.
DIVISION 4.
OF
CHAPTER 25, CONDITIONS ON
CHANGE OF ZONE AS FOLLOWS:
• SECTION 25-2-44(B): CHANGES PROPOSED FOR THIS SECTION INCLUDE MODIFYING
LANGUAGE TO CLARIFY THAT REQUESTS TO CHANGE OR ALTER CONDITIONS OF ANY CHANGE
OF ZONE ORDINANCE SHALL BE PROCESSED IN THE SAME MANNER AS A NEW ZONE CHANGE.
FURTHERMORE, NEW PROPOSED LANGUAGE INDICATES THAT UNLESS SPECIFICALLY
AUTHORIZED BY THE COUNTY COUNCIL, EXTENSIONS OF TIME TO SATISFY CONDITIONS OF A
CHANGE OF ZONE ORDINANCE MAY NOT BE ALLOWED BY THE PLANNING DIRECTOR.
[9H n NGES GR n LEo nTIGNIS nG] REQUESTS TO CHANGE OR ALTER THE CONDITIONS OF ANY
CHANGE OF ZONE ORDINANCE SHALL BE PROCESSED IN THE SAME MANNER AS A ZONE
CHANGE, UNLESS THE COUNCIL AUTHORIZES THE CHANGES OR ALTERATIONS TO BE MADE BY
THE DIRECTOR. UNLESS SPECIFICALLY AUTHORIZED BY THE COUNCIL, EXTENSIONS OF TIME TO
SATISFY CONDITIONS MAY NOT BE ALLOWED BY THE DIRECTOR. [r REG EST FGR n r.iv
PROPOSED AMENDMENTS TO HCC
CHAPTER
25
(ZONING)
■ BILL 194 SEEKS TO AMEND ARTICLE 2.
DIVISION 4.
OF
CHAPTER 25, CONDITIONS ON
CHANGE OF ZONE AS FOLLOWS:
• SECTION 25-2-44(C): CHANGES PROPOSED FOR THIS SECTION INCLUDE THE
DELETION OF ALL CURRENT LANGUAGE ON FAILURE TO FULFILL CHANGE OF ZONE
CONDITIONS WITHIN SPECIFIED TIME LIMITATIONS AND THE ADDITION OF SUBMITTAL
INSTRUCTIONS FOR A CHANGE OF ZONE AMENDMENT, WHICH IS CURRENTLY FOUND
IN SECTION 25-2-44(B).
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PROPOSED AMENDMENTS TO HCC
CHAPTER
25
(ZONING)
■ BILL 194 SEEKS TO AMEND ARTICLE 2.
DIVISION 4.
OF
CHAPTER 25, CONDITIONS ON
CHANGE OF ZONE AS FOLLOWS:
• SECTION 25-2-44(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.
PROPOSED AMENDMENTS TO HCC CHAPTER 25 (ZONING) (CONT.)
• SECTION 25-2-44(D): THE DRAFT BILL PROPOSES TO ADD THIS NEW SECTION TO
CLARIFY THAT IF THE APPLICANT FAILS TO FULFILL ANY CONDITIONS OF THE
CHANGE OF ZONE ORDINANCE WITHIN THE SPECIFIED TIME LIMITATIONS, THE
PLANNING DIRECTOR OR COUNTY 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.
• 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.
DIRECTOR'S RECOMMENDATION
THE PLANNING DIRECTOR RECOMMENDS THAT
THE PLANNING COMMISSION SEND A
FAVORABLE RECOMMENDATION OF BILL
194 TO THE COUNTY COUNCIL.