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Smart on Resolution 60-11

Resolution 60-11 delays County Council action on Ka‘u-related General Plan amendments and rezoning applications

Council member Brittany Smart answers some frequently asked questions about the resolution

* What does Resolution 60-11 do?

Resolution 60-11 proposes a County Council policy to delay Council action on all Ka‘u related General Plan amendments and rezoning applications until the Ka‘u Community Development Plan is completed or Dec. 31, 1012, whichever comes first.

* Why is this Council policy proposed?

Community Development Plans are the forum for community input into implementing General Plan goals, managing growth, and coordinating government services on a regional basis. This resolution is put forward to preserve the integrity of this process and the years of resident input.

To allow the deliberation and codification of the community’s vision of their preferred future for Ka‘u.

To allow that vision to become ordinance before any major changes.

Similar Council Resolutions were enacted to assist the North and South Kona CDP, North and South Kohala CDP and the Puna CDP processes.

This resolution was developed in consultation with the County’s PlanningDepartment, which manages the Ka‘u CDP process.

What does this Council policy affect?

Resolution 60-11 binds the County Council. If state or county law requires Council action, the approval/permit request stops until the Ka‘u Community Development Plan is completed or Dec. 31, 1012, whichever comes first.

What is NOT affected by this Council policy?

The State Land Use Commission controls all major zoning changes of land use for parcels over 15 acres. For example, the proposed Kahuku Aina Village project could continue its environmental impact statement approval process and pursue a State land use district boundary amendment before the LUC.

All Planning and Public Works Department permits/approvals that DO NOT need County Council approval can continue without delay. For example, County subdivision proposals, special permit applications and variances can change land uses significantly, yet their permits/approvals do NOT come before the Council and are not affected by this resolution.

It does not affect the County Planning Department’s two Planning Commission.

Resolution 60-11 does not affect the progress of the new Ocean View Recycling Point and Transfer Station project near the 79 mile marker. It specifically exempts “any and all federal, State and County community-based and/or self-help housing projects involving agencies and programs including, but not limited to,the following:

1) The State Department of Hawaiian Home Lands housing projects in accordance with its December 30, 2002 “Memorandum of Agreement Between the County of Hawai‘i and the Department of Hawaiian Home Lands;

2) The State Housing and Community Development Corporation of Hawaii (HCDCH) program;

3) Public projects involving schools, water and sewer systems, and any other projects that specifically benefit the public’s health, safety and welfare;

4) The Habitat for Humanities program, elderly housing projects, and homeless shelters.”

Projects such as the Aina Koa Pono Biofuels proposal in Pahala which does NOT need any County Council approval. There are required state regulatory meetings for project approval and this resolution will have no affect on those processes.

* Why was this resolution rescheduled to the July 6, 2011 Council Planning Committee meeting?

To give the Ka‘u CDP Steering Committee time to understand the resolution.

To give the community more time to understand what this resolution does and does not do.

To correct some of the misperceptions and incorrect information that has been circulated.

For further information, contact the District 6 office at (808) 961-8536.

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