PD BACKGROUND AND RECOMMENDATION REPORT

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BR-CCInitiated-Bi11127-Timed Conditions for Rezones41224 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED BILL NO. 127 (PL-CCI-2024-000006) AMENDMENT TO CHAPTER 25,ARTICLE 2,DIVISION 4, SECTION 25-2-44, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATED TO CONDITIONS ON CHANGE OF ZONE The County Council referred a bill for an ordinance amending Chapter 25 (Zoning), Article 2, Division 4 of the Hawaii County Code 1983 (2016 Edition, as Amended), Relating to Conditions in Change of Zone. Bill 127 establishes a requirement for the Planning Director to specify a time by which performance conditions must be complete in a recommendation for a Change of Zone. PURPOSE OF BILL 127 1. The Hawaii County Council has introduced Bill No. 127, (Planning Department Exhibit 1),which seeks to amend Chapter 25 (Zoning), Article 2, Division 4, Section 25-2-44 of the Hawaii County Code 1983 (2016 Edition, as Amended) (HCC),relating to conditions in Change of Zone ordinances by adding the following language: "Within any ordinance for a change ofzone that includes any such conditions, the director shall specify the time by which all conditions shall be completed." According to the bill's introducer, Bill 127 mandates that the Planning Director specify a time frame for the completion of all conditions of approval in each change of zone ordinance. Since the council's approval of Bill 1941 in 2023, the Planning Commissions and County Council have received change of zone applications from the Planning Department with proposed draft conditions that do not contain a time frame in which all conditions must be met. Bill 127 will ensure that all change of zone applications are processed fairly and set to a specific timeline for timely completion. It will also allow for confidence in land use patterns across Hawaii island. 'Bill 194 was a bill for an ordinance which sought to amend Section 25-2-44 of the Hawaii County Code to,amongst other provisions,prohibit the Planning Director from including conditions allowing an administrative time extension to change of zone recommendations.The Zoning Code was amended with these changes by Ordinance No.23 38 on April 19,2023. -1-