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HomeMy WebLinkAbout2018-10-09 NKCDP Land Use Planning 101 Presentation FinalCDP Action Committee: Land Use 101 lk Content The Context of the General Plan and CDP General Structure of Hawaii's Land Use Regulatory System )�, Relation between State, County, and Zoning Understanding the Planning Department Structure Modern History of Land Use Regulation in Hawai'i ■ 1959: Hawai' i Statehood ■ 1961: State Land Use Law adopted (went into affect in 1962) ■ 1967: Zoning Ordinance and district zoning maps Chapter 25 (enabled by HRS Chapter 46) ■ 1971: General Plan (then 1989 and again in 2005) Planning and Public Trust State of Hawaii Constitution Article XI Conservation, Control and Development of Resources Section 1. For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State. All public natural resources are held in trust by the State for the benefit of the people. [Add Const Con 1978 and election Nov 7, 1978] Hawai`i's Land Use Regulatory System State Land Use Law b State:-•• - of Business, Hawaii Revised Statutes Chapter 205 Economic Development,• uris CoH Planning Department, Long -Range Division CoH Planning Department, Administrative Permits Division CoH Planning Department, Administrative Permits Division Land Use Jurisdiction State Land State County Use Districts U rban Zoning Agriculture District Boundary District Boundary Amendment, Special Amendment, Special Permit (LUC, >15ac) Permit (:515ac) Rural Same as Agriculture Same as Agriculture Conservation Conservation District Use Permit (DLNR) Purpose of the General Plan Identify the visions, values, and priorities important to the people of this County; Provide the framework for regulatory decisions, capital improvement priorities, acquisition strategies, and other pertinent government programs within the County organization and coordinated with State and Federal programs. Improve the physical environment of the County as a setting for human activities; to make it more functional, beautiful, healthful, interesting, and efficient. Promote and safeguard the public interest and the interest of the County as a whole. Facilitate the democratic determination of community policies concerning the utilization of its natural, man-made, and human resources. Effect political and technical coordination in community improvement and development. Inject long-range considerations into the determination of short-range actions and implementation. [GP: 1.1] COUNTY OF HAWAII GENERAL PLAN FEBRUARY 2005 Ins A—ndW) Functional Plan Pecreatior Sewerage/ Drainage Historic Sites Etc. GENERAL PLAN Community Development Plan Hilo Kona Kohalo Etc, Capital Improvements Program (GIP) 11 Area Improvement Plan Hilo Downtown Development Plan iKailuo Village Design Plan Etc. Land Use Development Codes Zoning Subdivision Other Codes and Regulations Layers of Land Use Controls LAND USE • State land use districts, • CoH Land Use Pattern Allocation Guide (LUPAG) • CoH Zoning Code "set forth policies and standards to guide the location, type, and intensity of different land uses in particular areas and regions." COUNTY ZONING (GP per. 14-3j_ • The Zoning Code implements the General Plan & is the County's primary land use control; • The Zoning Code sets out various types of zoning districts and the allowable uses for each; • Zoning maps, established by ordinance, set out the zoning for the island; • Rezoning is the primary method for changing the allowed uses of land; 0 Rezoning must be consistent with the General Plan, including the LU PAG Map. Land Use Pattern Allocation Guide (LU PAG) The County is directed by a variety of plans, ordinances, and permits to manage land uses, including the following: ■ State Land Use ■ General plan ■ Community development plans ■ Zoning code ■ Special management areas - major and minor permits ■ Subdivision code ■ Shoreline setback areas The CDP: Land Use Planning & Community Engagement CDP Purpose: • Forum for community input into managing growth and coordinating the delivery of government services to the community; • Creates a long-range framework to guide future decision making and actions; • Translate the broad General Plan statements to specific actions at a regional level; • Direct physical development and public improvements within a specific area • Focus on action • Community Role includes: • Identify Priority Issues 0 Develop strategies and action programs to address priorities North Kohala CDP is 1 of b ■ 2008 ■ Puna CDP ■ North Kohala CDP ■ South Kohala CDP ■ Kona CDP (includes N/S Kona) ■ 2017 ■ Ka'u CDP ■ 2018 ■ Hamakua CDP What area has no CDP? #0 North Kona Hamakua Planning Dept. Basic Structure (1) Land Use & Building Group Checks building plans for zoning, setbacks, etc. 1 Position Open Administrative Permits Division Planning Inspectors: Responds to complaints based on zoning violations Regulatory Permits Group Processes applications for subdivisions, commercial planning permits, variances Planning Dept. Basic Structure (2) Accounting Group Administrative Services Division Tax Mapping Group (Map Techs) GIS Group (GIS Analysts) Planning Dept.: Basic Structure (3) Planning Division Planning Commission SMA, Change of Zone, Special Permits Cultural Resource Commission 2 Planning Positions Open Planning Dept.: Basic Structure (4) Panner GP Lead ommunity Land Use Planner Planner Community (Kona, nsportation Planner South Planner (Puna, Ka'u, Kohala, GP) GP) Hdmdkua, GP) Community Planner (SKCDP, Kona CDP, Ka'u CDP, GP) Long Range Division Community Land Use Planner, Planner nsportation Planner &GIS(GP, (North Kohala, (recruiting Hdmdkua, GP) EIS) Mb position) Community Planner (NKCDP, HCDP, PCDP, GP) pw-�, 2 Planning Positions Open ommuni Planner (recruiting position) Planning Department West Hawaii Office 1 Planner oversees 4 Land Use Plan Checkers 1 Planner oversees Regulatory Permits IIIIInnp,mwww.► ,_ Plan approvals (relating to commercial plans) Variances (incl. additional farm dwellings, ohana dwellings, etc., 1 Planner oversees 2 Planning Inspectors The Kona Planning Office does not handle in-house: Subdivisions, Change of Zone applications, Special Permits, CDP issues. However, most TMK files for the west side are now on file at the Kona Planning Department office. � �_._ �� A _ _T _ _ t n n'A'dR=` ,mow.,