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HomeMy WebLinkAboutCCI - Bill 124COUNTY COUNCIL INITIATED BILL 124 RELATING TO THE PĀHOA ZONE MAP AMENDMENT TO CHAPTER 25, ARTICLE 8, SECTION 25-8-26, OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED)(PL-CCI-2026-000013) PRESENTED AT THE MAY 6, 2026 WINDWARD PLANNING COMMISSION HEARING ▪BILL 124 SEEKS TO AMEND THE ZONING MAP IN THE ZONING CODE FOR PĀHOA VILLAGE TO ESTABLISH THE BOUNDARIES OF A NEW SPECIAL ZONING DISTRICT CALLED THE DOWNTOWN PĀHOA COMMERCIAL (DPC) ZONING DISTRICT. ▪THE BILL ALSO PROPOSES TO CHANGE THE ZONING OF PROPERTIES WITHIN THESE BOUNDARIES FROM VILLAGE COMMERCIAL-10,000 SQUARE FEET (CV-10) AND SINGLE-FAMILY RESIDENTIAL-10,000 SQUARE FEET (RS-10) TO THE DOWNTOWN PĀHOA COMMERCIAL (DPC) ZONING DISTRICT. ▪THE BOUNDARIES OF THE NEW SPECIAL DISTRICT ARE DESCRIBED IN THE DRAFT BILL AND DEPICTED IN AN ACCOMPANYING MAP. COUNTY COUNCIL’S REQUEST BILL 124 MAP ▪A SPECIAL DISTRICT IN ZONING REFERS TO A DESIGNATED GEOGRAPHIC AREA WITHIN A MUNICIPALITY THAT HAS SPECIFIC REGULATIONS AND DEVELOPMENT STANDARDS TAILORED TO ADDRESS UNIQUE LAND USE CHALLENGES AND COMMUNITY NEEDS. ▪IN HAWAIʻI COUNTY, SPECIAL DISTRICTS SUCH AS THE KAILUA VILLAGE DESIGN COMMISSION AND PĀHOA VILLAGE DESIGN DISTRICT HAVE BEEN CREATED TO MAINTAIN THE ARCHITECTURE AND DESIGN OF COMMUNITIES, AND SPECIAL DISTRICTS SUCH AS THE DOWNTOWN HILO COMMERCIAL DISTRICT AND UNIVERSITY DISTRICT HAVE BEEN CREATED TO ESTABLISH UNIQUE ZONING STANDARDS ▪BILL 124 WILL ESTABLISH THE BOUNDARIES FOR A SPECIAL DISTRICT AND CHANGE THE ZONING DISTRICT TO THE DOWNTOWN PĀHOA COMMERCIAL (DPC) ZONING DISTRICT FOR PARCELS THAT OPT-IN TO THE REZONING. BILL 124 IMPACT ANALYSIS ▪TO EXPLAIN THE PROCESS FOR INTERESTED PROPERTY OWNERS TO OPT-IN TO THE DPC ZONING DISTRICT, THE DIRECTOR PROPOSES ADDING THE FOLLOWING LANGUAGE, TO BE INSERTED IN THE APPROPRIATE SECTION OF BILL 124: ▪THE DPC ZONING DISTRICT ESTABLISHED BY THIS SECTION SHALL NOT SUPERSEDE OR OTHERWISE MODIFY THE UNDERLYING BASE ZONE CLASSIFICATION OF ANY AFFECTED PARCEL, UNTIL THE OWNER(S) OF RECORD OF THE PARCEL SUBMIT A VALID DPC ELECTION WITH THE DIRECTOR OF PLANNING, AND THE ELECTION IS CONFIRMED AS PROVIDED HEREIN. ▪ANY OWNER OF RECORD OF A PARCEL LOCATED WITHIN THE DPC MAY ELECT TO CHANGE THE ZONING OF THE PARCEL TO THE DPC ZONING DISTRICT BY FILING A DPC ELECTION WITH THE DIRECTOR OF PLANNING. A DPC ELECTION SHALL BE MADE IN WRITING ON A FORM PRESCRIBED BY THE DIRECTOR AND SHALL BE EFFECTIVE UPON WRITTEN CONFIRMATION BY THE DIRECTOR OF PLANNING. ONCE EFFECTIVE, THE ELECTION RUNS WITH THE LAND AND BINDS ALL SUCCESSORS AND ASSIGNS. DIRECTOR’S RECOMMENDATION DIRECTOR’S RECOMMENDATION PROVIDE A FAVORABLE RECOMMENDATION OF BILL 124 TO THE COUNTY COUNCIL INCLUDING PROPOSED LANGUAGE OUTLINED IN THE PLANNING DIRECTOR’S RECOMMENDATION. ▪THE WINDWARD PLANNING COMMISSION (WPC) IS REQUIRED TO TAKE ACTION ON BILL 124 BY TRANSMITTING THEIR RECOMMENDATION TO THE COUNCIL BY JUNE 4, 2026. ▪THE WPC SHALL RECOMMEND APPROVAL IN WHOLE OR IN PART, WITH OR WITHOUT MODIFICATIONS, OR REJECTION OF THE PROPOSED BILL, AND THE RECOMMENDATION WILL BE FORWARDED TO THE COUNTY COUNCIL FOR THEIR CONSIDERATION AND DECISION. ▪IN THE EVENT THE WPC FAILS TO ACT ON THE PROPOSED BILL BY THIS DATE, SUCH INACTION SHALL BE CONSIDERED AS AN UNFAVORABLE RECOMMENDATION BY THE WPC. NEXT STEPS