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HomeMy WebLinkAboutCOM 0259.001 2008-2010William P. Kenoi Mayor BJ L,eithead Todd Director _ Margaret K. Masunaga . .- .. ~ .. Deputy i._ County of Hawai`i~ PLANNING DEPARTMENT Aupuni Center•I01 Pauahi Street,Sui[e3 '•`Hilo,.HawaYi 96720 _. _ Phone (808) 961-8288 Fax (8080 96l-8742 ~ July 23, 2009 ~" ,, `- MEMORANDUM ~V TO: The~~Ho~~rn--orable William P. Kenoi, Mayor ~ - FROM: ~BJ Le~head od Tanning Director ;., _ SUBJECT: County Council Initiated (Bill No. 64) Leeward and Windward Planning Commissions As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, submitted herewith for your transmittal to the County Council for their consideration and action are the Windward and Leeward Planning Commissions' letters and enclosures regarding the above-captioned request. Enclosed for your signature is the cover letter to the County Council. After your review, please forward same to the County Council along with the Commissions' letters and enclosures. Should you have any questions, please feel free to contact me. Enclosures M063009syhl Comm. No. ~ S'1 . Ref. 7a; _ ~- _ Ref. Uot~ JUL 2 9 2009 Hmvai7 Caunry is mi Equa(Opporv~mity Provider and Employer O •J ~ (_• William P. Kenoi Mayor County of Hawaii 891 Ululani Street Hilo, Hawaii 96720-3982 (808) 961-8211 Pas (808) 961-6553 KONA_ 75-5706 Kuakini hlighway, Suitc 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 July 23, 2009 Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Yoshimoto and Members: County Council Initiated (Bill No. 64) Leeward and Windward Planning Commissions William T. Takaba Managing Uirecror Wally Lau Deputy Managing Direclar r..a ,1 t:. ca, _, rv __ ~ c~ As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward and Leeward Planning Commissions' letters and enclosures regarding the above-referenced request. Sincerely, ,~ W ~=(~ William P. Kenoi Mayor Enclosures cc: Planning Department 6lmvai'i County is an Gqual Opportunity Provider and Employer County of Hawaii PLANNING COMMISSION Aupuni Cen[ee • I01 Pauahf Stmet, Suite 3 • liilq Hawaf`i 96720 Phone (808) 961-8288 Fax (808) 961-8742 July 23, 2009 ~~ t._, , ~. The Honorable J Yoshimoto, Chairman a ~" and Members of the County Council ~-~ ~ _ - County of Hawaii - rv 333 Kilauea Avenue, 2°~ Floor ~ _~~ ''" Hilo, HI 96720 °3 Dear Chairman Yoshimoto and Council Members: - ^~ ~.~~ _. County Council Initiated (Bill No. 64) ``t Leeward and Windward Planning Commissions The Windward Planning Commission at its duly held public hearing on June 5, 2009, considered the County Council's proposed Bill No. 64 regarding an amendment to Chapters 23 (Subdivision Code) and 25 (Zoning Code) and other chapters of the Hawaii County Code to conform to the recent Charter Amendment which created the Leeward and Windward Planning Commissions. The Windward Planning Commission voted to forward a favorable recommendation to the County Council on Bill No. 64. Enclosed are the Planning Department's Backgrowtd and Recommendation Report and h-auscript of the hearing for this matter. Sincerely, .,'~ Rell Woodward, Chairman Windward Planning Commission Lccinitiatedbfll#G4-windward Enclosures cc: Lincoln Ashida, Esq. Planning Department -Kona Hawaii County is an Equal Opportunity Provider and Employer PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JUNE 5, 2009 A regularly advertised hearing on COUNTY COUNCIL'S BILL NO. 64 ON WINDWARD AND LEEWARD PLANNING COMMISSIONS was called to order at 2:00 p.m. in the Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Rell Woodward presiding. PRESENT: Rell Woodward Takashi Domingo Wallace Ishibashi Andrew Iwashita Zendo Kern Shelly Ogata Brandon Gonzalez, Deputy Corporation Counsel BJ Leithead Todd, Planning Director Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And one person from the public in attendance INITIATOR: COUNTY COUNCIL (BILL NO. 64) Amendment to Chapters 23 (Subdivision Code) and 25 (Zoning Code) and other chapters of the Hawaii County Code to conform to the recent Charter Amendment creating the Leeward and Windward Planning Commissions. WOODWARD: We're on Agenda Item No. 5, County Council initiated amendment to Chapters 23 and 25 and other chapters of the County Code to conform to the recent Charter Amendment creating two Planning Commissions. Maija. COTTLE: Thank you, Mr. Chairman. So basically this is a housekeeping amendment that was initiated by County Council to revise the County Code by replacing any reference to the one Planning Commission to now the Leeward and Windward Planning Commissions. And this particular request that's within the Planning Commission's authority to recommend a favorable or unfavorable recommendation on is just related to Chapters 23 and 25, which is the Subdivision and Zoning Codes. So the Planning Director is recommending a favorable recommendation be sent to the County Council for this bill. Are there any questions? WOODWARD: Pretty exciting stuff, isn't it? All right, nobody signed up from the public testify so I would be willing to entertain a motion. Commissioner Domingo. S Y DOMINGO: Mr. Chairman, 1 move to send a favorable recommendation with regards to the changes as stipulated by the staff regarding both Planning Commissions. DATA: Second. WOODWARD: All right. It has been moved and seconded. Is there any discussion? Okay, this could set a world record. All right, if you'll take the vote, Maija. COTTLE: Thank you. Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Ogata? OGATA: Aye. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Kern? KERN: Aye. COTTLE: And Mr. Chairman? WOODWARD: Aye. COTTLE: Okay, the motion passes five to zero. WOODWARD: All right. For the record, nobody from the public signed up to testify on this issue. The discussion ended at 2:03 p.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 2 County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Strcet, Suite3 • Hilo. Hawaii 96720 Nhone (808)961 -82RR • Fax (808)961-8742 July 23, 2009 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai `i 333 Kilauea Avenue, 2°d Floor Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: County Council Tnitiated (Bill No. 64) Leeward and Windward Planning Commissions The Leeward Planning Commission at its duly held public hearing on June 30, 2009, considered the County Council's proposed Bill No. 64 regarding an amendment to Chapters 23 (Subdivisio^ Code) and 25 (Zoning Code) and other chapters of the Hawaii County Code to conform to the recent Charter Amendment which created the Leeward and Windward Planning Commissions. The Leeward Planning Commission voted to forward a favorable recommendation to the County Council on Bill No. 64. Enclosed are the Planning Department's Background and Recommendation Report and transcript of the hearing for this matter. Sincerely, ~~~~ ~~ Rodney Watanabe, Chairman Leeward Planning Commission Lccinitinledbill#64-Iccwurd Enclosures cc: Lincoln Ashida, Esq. Planning Department -Kona Flawai'i County is mi Equal Opporturith' Provider and Employer LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JUNE 30, 2009 A regularly advertised hearing on COUNTY COUNCIL'S BILL NO. 64 ON WINDWARD AND LEEWARD PLANNING COMMISSIONS was called to order at 9:53 a.m. in the Sheraton Keauhou Bay Resort and Spa, Keauhou Ballroom, 78-128 `Ehukai Street, Kailua-Kona, 'Hawai`i with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe Brandi Beaudet Lani Bowman Geraldine Giffin Frederic Housel Wayne Iokepa Warren Lee, Public Works Director - Ex Officio Member Bill Brilhante, Deputy Corporation Counsel BJ Leithead Todd, Planning Director Jeff Darrow, Staff Planner Maija Cottle, Staff Planner Bennett Mark, Planning Program Manager, Deanne Bugado, Planner, Kona Office Merrick Nishimoto, Engineering Division, Kona Office Department of Public Works And approximately 30 people from the public in attendance INITIATOR: COUNTY COUNCIL (BILL NO. 64) Amendment to Chapters 23 (Subdivision Code) and 25 (Zoning Code) and other chapters of the Hawaii County Code to conform to the recent Charter Amendment creating the Leeward and Windward Planning Commissions. WATANABE: The first agenda item, the initiator is the County Council and it's Bill No. 64. So with that, I'll turn it over to you, Maija. COTTLE: Thank you, Mr. Chairman. Good morning, everyone. COMMISSIONERS: Good morning. COTTLE: I just want to welcome Commissioner Iokepa and Commissioner Beaudet to the Planning Commission. The first item is basically a housekeeping amendment that was initiated by County Council to revise the County Code, specifically the Subdivision Code and the Zoning Code, to replace any reference to one Planning Commission to now the Leeward Planning Commission and the Windward Planning Commission. And the Planning Department is recommending that a favorable recommendation be sent to County Council for this amendment. WATANABE: Thank you, Maija. Fellow Commissioners, do we have any questions of staff? Doesn't look like it. Just to be sure, we didn't have anyone signed up to testify for this, right? COTTLE: No. WATANABE: Thank you. Okay. Then if we have no question of staff, I believe a motion will be in order unless we need some discussion. Would anyone care to make a motion? Mr. Housel. HOUSEL: Yes, I'd like to -. Can you hear this? I'd like to make a motion that we accept Bill No. 64, amendment to Chapters 23, the Subdivision Code, and 25, the Zoning Code, and other chapters of the Hawaii County Code to conform to the recent Charter Amendment crating the Leeward and Windward Planning Commissions. WATANABE: Is there a second to that motion? GIFFIN: Sure, I'll second. WATANABE: Thank you, Ms. Giffin. Okay, so it's been moved and seconded that we approve this bill. Maija? COTTLE: Thank you, Mr. Chairman. I'll take the roll. Commissioner Housel? HOUSEL: Aye. COTTLE: Commissioner Giffin? GIFFIN: Aye. COTTLE: Commissioner Beaudet? BEAUDET: Aye. COTTLE: Commissioner Bowman? BOWMAN: Aye. COTTLE: Commissioner Iokepa? IOKEPA: Aye. COTTLE: And Mr. Chairman? 2 WATANABE: Aye. COTTLE: The motion passes, six-zero. WATANABE: Okay, thank you. The discussion ended at 9:57 a.m. Respectfully submitted, Noriko Sauer, West Hawaii Secretary BRCCInitiatedBi1164.doc-5/14/09 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: COUNTY COUNCIL (BILL No. 64) AMENDMENT TO CHAPTERS 23 AND 25 AND OTHER CHAPTERS HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) The County Council has drafted amendments to various chapters of the Hawaii County Code as a result of the recent County Charter amendment creating the Leeward and Windward Planning Commissions. The amendments are to Chapters 2 (Administration), 6 (Businesses), 23 (Subdivision), 25 (Zoning), 28 (Fire) and 34 (Public Access). According to the County Charter, one of the duties of the Leewazd and Windward Planning Commissions is to "Review proposed subdivision and zoning ordinances and amendments thereto and transmit such ordinances with recommendations thereon through the mayor to the council for consideration and action." While the attached Bill No. 64 deals with amendments to several chapters of the County Code, the commission's review will be directed only to the amendments to Chapter 23 and Chapter 25. The amendments to Chapter 23 and 25 aze reflected in Sections 15 through 20 of Bill No. 64. It should also be noted that the amendments to both chapters aze basically "housekeeping changes" as the amendments are merely to replace the word "planning commission" or "commission" with "leeward and windwazd planning commissions" or "commissions." Besides Bill No. 64 (Planning Department Exhibit 1), also enclosed is a Rationale Sheet for Proposed Amendments to the Hawaii County Code Relating to the Conversion to Two Planning Commissions prepazed by the County Clerk's office (P.D. Exhibit 2) and Ordinance No. O8 Ol, which provides for the conversion from a single planning commission to Leeward and Windward Planning Commissions (P. D. Exhibit 3). RECOMMENDATION The Planning Director recommends that the Leeward and Windwazd Planning Commissions send favorable recommendations to the County Council on Bill No. 64. -1- I,. , „~V or y ~;~~ btl~i COUNTY OF HAWAII •'~ '• STATE OF HAWAII :..~= ~rr'o',Mr•, .. BILL NO. ~4 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 2, CHAPTER 6, CHAPTER 23, CHAPTER 25, CHAPTER 28, AND CHAPTER 34, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO THE CONVERSION FROM A SINGLE PLANNING -. COMMISSION TO WINDWARD AND LEEWARD PLANNING COMMISSIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. Purpose. The purpose of this ordinance is to amend six chapters of the Hawaii County Code that make reference to a single planning commission. Ordinance No. 08-01 initiated a potential Hawaii County Charter (hereinafter "Charter'') amendment that would primarily create two planning commissions where there was previously one to serve the county. The electorate approved this measure, thus creating windward and leeward planning commissions, thereby requiring that certain portions of the Hawaii County Code (hereinafter "the Code") be amended to reflect that Charter amendment. The Charter amendment did not contain provisions for what constitutes a quorum for any meeting of the commissions, whether acting independently or jointly. Section 2-28 of the Code; as it pertained to a single commission, stated that a majority of the voting members of the planning commission constitutes a quorum for the purpose of conducting business. Therefore, section 2-28 is amended in accordance with the previous provision as it now pertains to separate meetings of the windward and leeward planning commissions, and require a majority of each commission to be present to constitute a quorum for the purposes of any joint meeting. Section 2-31, subsection {a) and (c) of the Code are proposed for deletion in their entirety. Subsection 2-31(a) provides for the prepazation, submittal, and approval processes for' the general plan. This section was codified prior to the general plan's adoption on December 5, 1971, to provide the planning director, planning commission, and the council the authority and duty to create the general plan. As a general plan has been adopted and subsequently amended on several occasions, section 2-31, subsection (a) is no longer pertinent and can be deleted in its entirety. Subsection (c) provides for a public hearing process for the submittal of a general plan, and amendments thereto, to the council. This subsection was also implemented for the creation of a general plan, which has occurred. The general plan contains specific provisions for its amendment (chapter 16), including public hearing requirements. ` Section 2-32, subsection (a) of the Code; relating to subdivision regulations, is similarly amended by deleting enabling language that provided the planning director, planning commission, and the council the authority and duty to create genera] ordinances regulating the Planning Dept. Exhibit ~ r -_ ~°, development of subdivisions. As such enacted ordinances are codified in chapter 23 of the Code, language was added to clearly articulate the role of the planning commissions with relation to any amendment of chapter 23, as provided for by the Charter. Such amendments are also made to section 2-33, subsection (a), relating to zoning regulations codified in chapter 25 of the Code. Section 2-33 was further amended with consideration for amendments that relate to zoning district classifications, rather than general zoning regulations. Section 2-35 of the Code, relating to general reports to the public and an annual report to the council, is deleted in its entirety. This section is obsolete, as the planning department issues a comprehensive report that covers the requirements of this section. SECTION 2. Chapter 2, article 7, section 2-27, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 2-27. [ .J Windward and leeward planning commissions. ~ There shall be a [° -'~^ --•°a° ~ ~r ~ ^^~ ~] windward planning commission and a leewazd manning commission, each made. up of seven members as provided for by Charter. The [~] windward and leeward planning commissions shall: (1) Perform such duties as are prescribed by the Charter. (2) Perform such other duties as are assigned to it by state law or this Code. ` [(3)](b)The windward planning commission shall ["~~~.iirist~r] administer, adjudicate and authorize payment from the Geothermal asset fund and claims made against the Geothermal asset fund, provided that no payments shall be made nor obligation incurred for any claim for which there are insufficient funds in the Geothermal asset fund to satisfy. No claim made pursuant to this subsection will be deemed a claim against the County nor will the payment of any claim be construed as an admission of fault by the County or its officers, employees or agents. [{~]~ [q~e-sema3issiex] These commissions may incur expenses as are necessary to carry out these duties for which an appropriation has been made by the council. The planning director shall provide the [eexrrnissien]- windward and leeward planning commissions with such administrative support as is necessary." SECTION 3. Chapter 2, article 7, section 2-28, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 2-28.Quorum; meetings. (a) The majority of the voting members of the windward planning commission shall constitute a quorum for the transaction of business and for the exercise of the powers and authority conferred upon [the] this commission. All actions of the windward planning commission shall require the affirmative vote of a majority of its members. (b) The maioritV of the voting members of the leeward planning commission shalt constitute a Quorum for the transaction of business and for the exercise of the powers and authority conferred upon this commission. All actions of the leeward planning commission shall require the affirmative vote of a majority of its members. ~~~ members shall constitute a quorum All actions of a joint meeting of these commissions shall require the affirmative vote of a majority of their combined membership. [(b)]uThe [ean~tnissien] windward and leeward planning commissions shall each hold at least one meeting in each month [ ,,:*1, r1,.. 1.,...^ .,F *1,., M,.*o ^«.7 *l,o ....7:«^«.,.,....F *L.., l~....«~..]. (el Pursuant to the Charter, a uniform body of rules of practice and procedure, except for Anv rule adopted for the transaction of business shall be consistent with the laws of the State and the ordinances of the County." SECTION 4. Chapter 2, article 7, section 2-28.1, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 2-28.1. Community development plan. Within sixty days after receipt of the planning director's recommendation on a draft community development plan or any amendment thereof, either the windwad or leeward planning commission, or both meeti~ as a joint commission as provided for in the Charter, shall transmit the draft community development plan or any amendment with its recommendation through the mayor to the County council. The designated commission, or joint commission, shall recommend approval in whole or in part, with or without modifications, or rejection of the community development plan or any amendment. In the event the desi ng ated planning commission, or joint commission, fails to act on the community development plan or amendment within the sixty-day period, such inaction shall be considered as an unfavorable recommendation by [tlie--plaani»g] that commission, and the community development plan or amendment shall then be submitted through the mayor to the County council with such recommendation." SECTION 5. Chapter 2, article 7, section 2-29, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 2-29. Records of Endings required; location of office. (a) The [semrxi~sien] windward and leeward Manning commissions shall keep [a-yubli~arR] public records of [its] their findings and determinations(.-], whether acting independentl~or 'ointl . (b) The office of the [~] windward and leeward planning commissions shall be in the [~^••«... w,.a'aa«^ ^' T'''^ T~^~°^~ `~ ]planning department, or such other place designated by [*~~] a consensus of both commissions determined by an affirmative vote of a majority of the combined membership, with the approval of the council. Anv such vote shall occur only during a joint meeting of both commissions." r~~ 1°~, SECTION 6. Chapter 2, article 7, section 2-30, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 2-30. Publication of notice. Whenever published notice of either a [Cissiea] windward or leeward planning commission meeting is required, it shall be provided in accordance with state law. This section shall also apply to anv ioint meeting of the windward and leeward planning commissions " SECTION 7. Chapter 2, article 7, section 2-31, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 2-31. General plan; [Prepa~abietr,•] tr'I n..m'..li. .-I 1. :1 f .:.,... ..: A.,-..ti..« .....] .... f:.... Tl.., ,. ,.:1 .. A..II ,. a.._. .L,. r a~+n~r~L.,/.,.. ..vaa:«,. F 1. 1, '1+ 1' F L 1 1, 1, I a r o Y J 6 b mY' ~ .] [(13)]~The general plan shall include a map of the County and shall contain a statement of: (1) Development objectives, standards and principles with respect to the most desirable use of land within the County for residential, recreational, agricultural, commercial; industrial, and other purposes; (2) The. most desirable density of population in the several parts of the County; a system of principal thoroughfares, highways, streets, and other public open spaces; the general location, relocation, and improvement of public buildings; (3) The general location and extent of public utilities and terminals, whether publicly or privately owned, for water, sewers, light, power, transit, and other purposes; (4) The extent and location of public housing projects; (5) Adequate drainage facilities and control; and (6) Such other matters as may, in the council's judgment, be beneficial to the social, economic, and governmental conditions and trends, and which are designed to assure the coordinated development of the County and to promote the general welfare and prosperity of its people. [ ~, hnlrl ~ nllhlir Le ~~ ...I.:,.L «.,, . a ..r ~„a,,,l 4I >_ «o Y .,«.7 T.T...:..e ~. £tl-.n ti...o .,...1 ..lone nF ll.e l.e,.-:......1...11 A.. .L_ .v _~_~..__ r _ __ ____ e,~~] The general plan shall be kept on file [in~he ^Fa,.~ cf :::c c ..............: ..] at the planni~ denartment." 4 ~F ~ SECTION 8. Chapter 2, article 7, section 2-32, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 2-32. Subdivision regulations. [ > •] [~,~`°^••'~~•'~~s] Regulations provided for under this section and as codified in chapter 23 of this Code shall coordinate streets within subdivisions with other existing or planned streets, or with other features of the general plan for the adequate and convenient placing of open spaces for traffic, utilities, access for fire-fighting apparatus, recreation, light and air, and for the avoidance of congestion of population, including minimum width and azea of lots, and for a proper distribution of population and traffic which will tend to create conditions favorable to public health, safety and morals. All such regulations shall be enacted as ordinances of the County and published as provided by law. Pursuant to the Charter, the windward and leeward planning commissions shall meet seoarately and provide separate recommendations on anv amendment to subdivision regulations." SECTION 9. Chapter 2, article 7, section 2-33, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 2-33. Zoning regulations; amendments. (a) [The d::,.c«,. ;.~, «we .,.cl .,f ..".. ~.,........,.~ ..hwl, .,_.. ~a ....~....•« « .~. .... :;.pr ,:, , . prcp...~ ..u~uu~~~ ~r it; ~~~-~°~' -,.m•i,.«~~~~ ` ] Regulations provided for under this section and as codified in chapter 25 of this Code shall regulate and limit the height and bulk of buildings,~to regulate and determine the area of yards, courts and other open spaces, and to regulate and restrict the location of trades and industries and the location of buildings designed for specific uses or creating districts for any such purposes. The regulations shall be enacted as ordinances of the County and published as provided by law. Pursuant to the Charter. the (b) The director, with the approval of either the windward or leeward planning commission, or both acting iointly. as provided in the Charter. may initiate at any time or upon application as provided in section 2-34 and recommend to the council the adoption of an ordinance amending or repealing any zoning regulation or the enactment of a new ordinance regulating land uses after a public heazing is held. Published notice of the heazing shall be given in the manner provided in section 2-30. (c) Notwithstanding any provision in this section, any ordinance regulating land use and affecting ]ands in a redevelopment project area shall be amended without the necessity of a public hearing to conform to the approved redevelopment plan upon acquisition of the lands by the Hawaii redeve]opment agency in accordance with section 53-6, Hawaii Revised Statutes." 5 .._ SECTION 10. Chapter 2, article 7, section 2-34, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 2-34. Application for changes or new provisions. (a) Any application for a change, amendment or other modification or addition to any zoning ordinance may be filed with the director by the owner or lessee holding under a recorded lease of any real estate affected by any such ordinance or to be affected by the proposed changes, upon depositing with the director the sum of $100 to cover all necessary costs. (b) When all the preliminary procedures have been complied with, the director shall refer the application to [tote] either the windward or leeward planning commission[:], or both actiaa jointly. as provided in the Charter. The desi ng ated commission, or both commissions if so required by Charter, shall consider and act upon the application by holding a public hearing, published notice of which shall be given in the manner provided by law." SECTION 11. Chapter 2, article 7, section 2-35, Hawaii County Code 1983 (2005 Edition, as amended) is deleted in its entirety: fa(C..:.+:,... 9 2 G i .............. ..F ....-. n..nl .. ...-M +.... .. 1.1:..... ..1 .- ..v4n F.. n n:L L f . e a F:., .7.. „ o :.,+~ ...:+1.:.. +l,e 1:.,..:+.. „F: +.... :.,ti....,..,... .7 „ .,:l., l.la fi.,..l~ ~ > , e ,.I,,...IA 7... vA:.,+e .. ~ae..a:..., In SECTION 12. Chapter 2, article 35, section 2-176, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 2-176. Creation of fund. (a) Pursuant to section 10-12, Hawaii County Charter, a special fund to be known as the geothermal asset fund is created. [(a)](>>?Tlte Geothermal asset fund shall be funded by payments made by Puna Geothermal Venture, a Hawaii Partnership, its successors or assigns and the State of Hawaii for the purpose of compensating persons impacted by geothermal energy development activities pursuant to the provisions incorporated in Geothermal Resource Permit No. 2. [{laj]~Payments from the asset fund shall be administered and expended in accordance with rules, regulations, and procedures developed for that purpose and adopted by the [Hawai-i C^°~••• D'.,...,:.,,. ^^~^•••~^°~^~] windward RlanninQ commission in accordance with chapter 91, Hawaii Revised Statutes. ` [(e~]~Expenses incurred by the windwazd planning commission such as administrative costs related to geothermal resource permits, geothermal development compliance activity, and processing of claims against the asset fund shall not be charged to the asset fund. 6 ~~~ ..., ~.,._ [(d)]~All interest and earnings accrued from the money and assets deposited in the asset fund shall be expended for the purposes for which this fund has been created. [(e-}]j~f No claim made pursuant to this section will be deemed a claim against the county, nor will the payment of any claim be construed as an admission of fault by the county or its officers, employees or agents. [(f3](p,) The denial of any claim made under this Geothermal Asset Fund, in whole or in part, shall not prevent the claimant from pursuing any other remedy at law against the geothermal permittee and State of Hawai`i." l SECTION 13. Chapter 6, article I, section 6-3, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 6-3. Referral to planning commission. [~] Before final action is taken by the council, -the application and related maps and documents will be referred to either the windward or leeward planning commission [iulrielr sl~alla] , or both actine iointly, as provided in the Charter. The desi paled planning commission or joint commission, shall: (I) Study the proposed project in relation to any zoning ordinances, statutes, general plan, and policies and rules and regulations of the planning commission. (2) Conduct a public heazing on the application, pursuant to provisions governing public hearings under this Code. (3) Submit its recommendation to the council." ` SECTION 14. Chapter 6, article 3, section 6-27, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 6-27.License application; initial; transfer. (a) Application for an initial mobile home park license shall be filed with and issued by either the windward or leeward planning commission[-], or both acting iointly, as provided in the Charter. The application shall be in writing, signed by the applicant and shall include the following: (1) The name and address of the applicant; (2) The location and legal description of the mobile home pazk; and (3) [ (4)] Such further information as may, be requested by the desi ng ated planning commission, or joint commission, to enable it to determine if the proposed pazk will be compatible with existing and proposed land uses and complies with all legal requirements. (b) If the applicant is of good moral character, and the proposed mobile home park will, when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this article and all other applicable statutes, ordinances, and regulations, the desi ng ated planning commission, or joint commission, may approve the application, and upon completion of the park according to the plans shall issue the license. A ruling b}_the joint commission shall require the affirmative vote of a majority of the combiried membership of both commissions. 7 r _ ~"-` (c) Upon application in writing for transfer of a license, the designated planning commission, or joint commission, shall issue a transfer if the transferee is of good moral character." SECTION 15. Chapter 23, article 1, section 23-3, Hawaii County Code 1983 (2005 Edition, as amended) is amended by deleting the definition for "Commission": «[ ]„ SECTION 16. Chapter 23, article 3, division 4, section 23-49, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 23-49. Street names. No street name shall be used which may duplicate or may be confused with the name of an existing street in the County, provided that identical or similar names may be used to name extensions of existing streets. Street names shall conform to the adopted policy of the County and shall be subject to the approval of [*'~^ ^ ~a ^a°~«:°.. ,.o °°...° ,.,. «ti°'^^^„^;'.] either the windward or leeward planning commission, or both acting iointly, as provided in the Charter, and shall further require adoption by the council." SECTION 17. Chapter 25, article 1, section 25-1-5, subsection (b), Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending the definition of "Commission" to read: ""Commission" means either the windward planning commission or the leeward planning commission[:], or both actine as a j oint commission, as provided for in the Charter." SECTION 18. Chapter 25, article 6, division 6, section 25-6-63, Hawaii County Code ] 983 (2005 Edition, as amended) is amended by amending subsection (c) to read: "(c) Corridor management plan. ` Within twenty-four months afrer the adoption of the resolution, the duector shall complete a corridor management plan and enabling ordinance, which will be forwarded to the [pla$ning] commission for its recommendation to the Hawaii County council. A scenic corridor management plan is a written document that assesses the intrinsic qualities of the corridor and specifies actions, procedures, controls, and administrative as well as community strategies that will be pursued to maintain those qualities. Special conditions and standards developed for an individual scenic corridor shall be included as part of the enabling ordinance. Elements of the corridor management plan will include: (1) Vision and goals statement. (2) A map identifying scenic corridor boundaries and the location of intrinsic qualities and different land uses within the scenic corridor. (3) An assessment of such intrinsic qualities and their context. 8 - --: ~~ (4) An assessment of needs and expectations. (5) An assessment of anticipated transportation, economic, environmental, and social impacts. (6) Strategies for economic development and marketing of the scenic con•idor. (7) Strategies for maintaining and enhancing the corridor's intrinsic qualities. (8) Strategies for community participation. (9) Identification of organizations, agencies, and individuals to be consulted in the planning process. (10) Identification of regulatory and non-regulatory tools recommended that could aid in the implementation of the scenic corridor management plan. The evaluation and selection of tools needed to protect and/or enhance the corridor should be based on the following criteria: (A) ,The ability to insure that new development is consistent with the conditions and standards established for the scenic corridor, while maintaining the propeiy [ewaers] owner's rights to reasonable use of the property; (B) The ability to provide the appropriate degree of development and aesthetic control needed to preserve and enhance quality of the corridor; and (C) The ability to provide flexible, diverse, and suitable regulatory and non- regulatory tools and techniques to a variety of circumstances. (1 I) Specific time schedules for plan implementation. (12) Standards for building design, signage, and roadway elements. In the case where the transportation corridor has not been built, the corridor management plan may include special design standards for the. corridor development. (13) Methods for interpreting and protecting significant resources. (14) Identification of potential funding sources. (15) Provisions for termination of the corridor management plan if it is not implemented." SECTION 19. Chapter 25, article 6, division 6, section 25-6-63, Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (d) to read: "(d) The director shall forward the corridor management plan and a proposed scenic con-idor enabling ordinance to the [ice) commission together with the director's recommendation on the proposed scenic corridor. The purpose of the scenic corridor enabling ordinance is to establish the scenic corridor as well as any conditions and/or standards recommended by the corridor management plan that may differ from those within the underlying zoning. Any conditions and/or standards that differ from the underlying zoning must be defined through the use of a table that illustrates how standards and/or conditions in the enabling ordinance differ from those within the underlying zoning." SECTION 20. Chapter 25, article 7, division 1, section 25-7-4, Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending the title to read: "Section 25-7-4. Powers and duties of the Kailua Villa2__ a d_s~ commission." 9 ~--, SECTION 21. Chapter 28, section 28-4, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 28-4: Review of petition by planning director. Within ninety days of acceptance of a petition or such longer period as may be agreed to by the applicant, the planning director shall submit the director's recommendation to either the windward or leeward planning commission[.-), or both actine iointly, as provided for in the Charter. The director shall recommend either the approval or denial of the proposed amendment to the desi np. ated planning commission, or joint commission, subject to conditions which would further the intent of this chapter and the general plan and other related ordinances." SECTION 22. Chapter 28, section 28-5, Hawaii County Code 1983 (2005 Edition, as amended) is amended to read: "Section 28-5. Review of petition by planning commission. ~- u For the purooses of this section, "planning commission" means either the windward or leeward planning commission. or both actine as a ioint commission as provided for in the Charter. jb) Within sixty days of the planning director's recommendation, the planning commission shall conduct at least one hearing on the petition. The planning commission, on behalf of the County council, shall notify the State land use commission and the State department of [ ]business, economic development, and tourism of the dme and place of the hearing and the proposed amendments scheduled to be heard at the hearing. After conclusion of the hearing, the planning commission shall recommend either the approval or denial of the proposed amendment to the County council subject to conditions which would further the intent of this chapter and the general plan and other related ordinances. The planning commission shall forward a report concerning its findings and recommendation to the County council through the mayor. Prior to the planning commission's forwarding its report to the council, the applicant shall file with the planning department a map and description by metes and bounds of property as certified by a surveyor." SECTION 23. Chapter 34, article 1, section 34-3, Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding a definition for "Planning commission" to be appropriately designated and to read: ""Planning commission" means either the windward or leeward planning commission or both actin as a joint commission, as provided for in the Charter." SECTION 24. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. 10 , SECTION 25. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 26. This ordinance shall take effect upon approval. INTRODUCED BY: e~~ COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of ls` Reading: Date of 2"d Reading: Effective Date: RcFERENCE~ Comm. 259 5/14/09 Rationale Sheet Proposed Amendments to the Hawaii County Code Relating to the Conversion to Two Planning Commissions Amendment 1, SECTION 2, which amends section 2-27 of the HCC: For matters pertaining to Geothermal asset fund, Planning Department confirmed that only the windward planning commission would apply, due to the geographical nature of this issue. Amendment 2, SECTION 3, which amends section 2-28 of the HCC: Explained in "purpose" section of bill. Mimics original Code language that pertained to a single commission as now applied to two commissions. For any joint meeting of the commissions, quorum requirements are resolved by requiring a majority from each commission to be present, to effectuate at least the potential for equal representation from both commissions for any joint meeting. (Four members constitute a majority of each commission.) Amendment 3, SECTION 4, which amends section 2-28.1 of the HCC: Charter requires that community development plan issues are handled solely by the commission within the geographical boundaries of that CDP. If the geographical boundaries of the CDP overlap jurisdiction of the commissions, the commissions will meet jointly for any action. Amendment 4, SECTION 5, which amends section 2-29 of the HCC: Use of "planning department" provides some flexibility should the Planning Department decide to house the leeward planning commission in the West Hawaii branch of the PD. Also provides that a decision to change the office location shall be made only through a joint meeting of the commissions. Planning Dept.. Exhibit ~- Amendment 5, SECTION 6, which amends section 2-30 of the HCC: Straightforward Code revision based on Charter language. Amendment 6, SECTION 7, which amends section 2-31 of the HCC: Explained in "purpose" section of the bill. Subsection (a) is no longer pertinent, as it was concerned with the creation of a General Plan, which has occurred. Amendment procedures are spelled out in the plan itself, as well as the requirements for public hearings, which aze also clearly provided for in HRS chapter 92. Amendment of subsection (a) to pertain to two commissions would likely provide a historical inaccuracy, or at least a level of confusion. Subsection (a) was Codified prior to the introduction of the GP to both authorize and obligate the county to create a GP. Amendment 7, SECTION 8, which amends section 2-32 of the HCC: Explained in "purpose" section of the bill. Similar to deletion of GP provisions. Subdivision regulations have been created and codified in Chapter 23. Amendments to Chapter 23 shall be reviewed and acted upon by both commissions, meeting separately, as provided for in the Charter. Amendment 8, SECTION 9, which amends section 2-33 of the HCC: Explained in "purpose" section of the bill. Similaz to deletion of subdivision provisions. Zoning regulations have been created and codified in Chapter 25. Amendments to Chapter 25 shall be reviewed and acted upon by both commissions, meeting separately, as provided for in the Charter. Regarding zoning district classifications, Charter provisions have been incorporated; whereby only the commission within the jurisdiction of the proposed zoning district classification shall review and take action, unless said jurisdiction falls between the two commissions, in which case they shall meet as a joint commission. Amendment 9, SECTION 10, which amends section 2-34 of the HCC: Amended to be in accordance with the Charter - as provided for in the previous explanation relating to zoning district classifications. Amendment 10, SECTION 11, which amends section 2-35 of the HCC: Explained in "purpose" section of the bill. Planning Department provides a full report to the council, on behalf of the commission(s). Nothing precludes either commission, or both commissions, from presenting information as described in this section, therefore deletion does not remove that power -codification is not necessary. Amendment 11, SECTION 12, which amends section 2-176 of the HCC: Relates to the Geothermal Asset Fund, which is under the geographical boundary and therefore jurisdiction of the windwazd planning commission. Amendment 12, SECTION 13, which amends section 6-3 of the HCC: Pertains to establishing of sites for cemeteries. Amended to conform to the provisions of the Charter as they relate to other land use actions -relegated to the commission under which the geographical azea of the proposed cemetery shall fall, or both if said proposal overlaps jurisdictional boundaries. Amendment 13, SECTION 14, which amends section 6-27 of the HCC: Pertains to issuance of licenses for mobile park homes. Amended to conform to the provisions of the Charter as they relate to other land use actions -relegated to the commission under which the geographical azea of the proposed cemetery shall fall, or both if said proposal overlaps jurisdictional boundaries. Regarding deletion of the requirement for a certificate of approval from the State Department of Health showing compliance with Chapter 15, public health regulations, Department of Health: DOH no longer issues these certificates. An editor's note in the Code makes mention of that. This is a good opportunity to delete this obsolete provision and remove the editor's note in the Code. Amendment 14, SECTION 15, which amends section 23-3 of the HCC: Deletes the definition for planning commission, as that term is used only once in the chapter, thus a definition is not required; defined using the term "Commission". Analysis determined that no cross references to definitions using the number of the definition for "(6) Commission" exists in this chapter, thus a renumbering of the definitions section will not make any cross-references inaccurate. Amendment 15, SECTION 16, which amends section 23-49 of the HCC: This is the one instance/section of Chapter 23 that references the planning commission(s). Amended to conform to the provisions of the Charter as they relate to other land use actions -relegated to the commission under which the geographical azea of the proposed street name shall fall, or both if said proposal overlaps jurisdictional boundaries. Amendment 16, SECTION 17, which amends section 25-1-5 of the HCC: Amends the definition for "commission" so that each usage in Chapter 25 is in conformance with the Charter. Usage of "commission" is abundant in Chapter 25, thus this is the most practical and efficient manner to handle the conversion to two commissions. The proper commission for each usage can then be determined by the provisions of the Charter, as interpreted and determined by the Planning Department. Amendments 17 and 18, SECTION 18 and 19, which amend section 25-6-63 (subsections (c) and (d)) of the HCC: Deletes the word "planning" that appeazs before the word "commission," so that the newly revised definition of "commission" can be properly applied to this section. Also makes other clerical revisions, as this subsection (25-6-63(c)) is open to that opportunity at this time. Amendment 19, SECTION 20, which amends section 25-7-4 of the HCC: Adds "Kailua Village design" before the word commission, so that this section and its title do not take on the prescribed definition for "commission" (section 25-1-5), which now pertains to "... [e]ither the windward or leeward planning commissions, or both, acting jointly as provided by the Charter." Amendment 20, SECTION 21, which amends section 28-4 of the HCC: Pertains to SLUB applications. Chapter 28 State Land Use Boundary Amendment Procedures. Amended to conform to the provisions of the Charter as they relate to other land use actions -relegated to the commission under which the geographical area of the proposed cemetery shall fall, or both if said proposal overlaps jurisdictional boundaries. Amendment 21, SECTION 22, which amends section 28-5 of the HCC: Includes a definition for planning commission that conforms to the Charter provisions, as they relate to other land use actions -relegated to the commission under which the geographical area of the proposed cemetery shall fall, or both if said proposal overlaps jurisdictional boundaries. A definition was provided solely for this section as revising the section for each instance of "planning commission" would have created a convoluted and extremely wordy section. The State department referenced in this section was revised to that the current title of the applicable department is accurate. Amendment 22, SECTION 23, which amends section 34-3 of the HCC: Relates to Public Access. Creates a definition for "planning commission" that conforms to the provisions of the Charter as they relate to land use actions. Creation of a definition is suitable as "planning commission" appears multiple times within Chapter 34. A definition suffices for all instances of "planning commission" in this chapter. Source: Hawaii County Clerk J~ ya. di,: COUNTY OF HAWAII •' '• ORDINANCE NO. STATE OF HAWAII 08 1. BILL NO. ins (DRAFT 4j ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE VI, CHAPTER 4, OF THE HAWAII COUNTY CHARTER (2000), ESTABLISHING WINDWARD AND' LEEWARD PLANNING COMMISSIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to initiate an amendment to the Hawaii County Charter that would provide for two planning commissions in Hawaii County. Over the past several decades population growth has resulted in an unprecedented rise in development activity particulazly affecting the leewazd region of Hawaii County. It is estimated that most of the construction and development occurring in leeward Hawaii is the result of rezoning applications approved many years ago. Baseline information indicates that the windward district is also experiencing an unprecedented rise in development.activity and infrastructure pressures similar to that which has manifested in leeward Hawaii over the years. This alarming rate of growth affecting both the windward and leeward areas of Hawaii County and potential impacts resulting from proposed future developments and pending rezoning requests justify the creatiott of two planning commissions to serve Hawaii County. Two independent planning commissions would be better equipped to focus on issues specific to the respective affected districts and thus promote clear and concise iegiona) discussions regazding levels of service, mitigation measures and future planning deficits. The two independent. planning commissions would focus deliberations upon and assure sensitive consideration of the unique demographics within Hawaii County. Two independent planning commissions would eliminate the perception of a "one-size-fits-all" method of planning. This proposal would create a windwazd planning commission and a leeward planning commission based upon judicial districts and as demarcated by district boundaries set forth in §4- 1(1), Haw. Rev. Star., which provides as follows: "...(1) The island and County of Hawaii shall be divided into nine districts as follows: (A) Puna, to be styled the Puna district; (B) From the Hakalau stream to the boundary of South Hilo and Puna, to be styled the South Hilo district; (C) From the boundary of the Hamakua and North Hilo to the Hakalau stream, to be styled the North Hilo district; (D) Hamakua, to be styled the Hamakua district; (E) North Kohala, to be styled the North Kohala district; (F~^"South Kohala, to be styled the South Kohala district; (G) North Kona„ to be styled the North Kona district; (Il) South Kona, to be styled the South Kona district; and Planning Dept. Exhibit 3 (1) Kau, to be styled the Kau district.... SECTION 2. Article VI, chapter 4, section 6-4.1, of the Hawaii County Charter (2000), relating to Organization, is amended as follows: "Section 6-4.1. Organization. There shall be a planning department consisting of a planning director, a windwazd planning commission, a leeward planning commission, and the necessary staff." SECTION 3. Article VI, chapter 4, section 6-4.2, of the Hawaii County Charter (2000), relating to the Planning Director, is amended as follows: "Section 6-4.2. Planning Director. ~ The planning director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The planning director shall have had a minimum of five years' training and experience in a responsible planning position, or a degree in planning, engineering, architecture, geography or another planning-related field and three years' experience in a responsible planning position. No less than three years' experience shall have been in an administrative capacity. (bl The director shall be the chief planning officer of the county and the administrative head of the department and shall: [(a)] ~ Advise the mayor, the windwazd planning commission, the leeward ~Iannine commission and the council on all planning and land use matters. [Ebj] ~ Prepare a general plan, implementation plans and any amendments thereto in accordance with section 3-15. [(~}] ~ Prepare proposed zoning and subdivision ordinances, zoning maps and regulations and any amendments thereto. [(~)) ~ Review the lists of proposed capital improvements contemplated by agencies of the county and recommend the order of their priority. [~) j52 Administer the subdivision and zoning ordinances and regulations adopted thereunder. [(-f)] u Render decisions on proposed subdivision plans pursuant to law. [(g)] u Make recommendations on rezoning applications, special exceptions and other similar requests. [(h)] ~ .Render decisions on proposed variances pursuant to law, except that, if any written objections are made to the planning director's actions under this section, said actions shall be subject to review by the board of appeals in accordance with section [6-19-2] 6-10.2 unless otherwise provided by law or this charter. [(i)] ~ Perform such other related duties and functions as may be necessary or required pursuant to law and this charter." SECTION 4. Article VI, chapter 4, section 6-4.3 of the Hawaii County Charter (2000), relating to the Planning Commission, is repealed. SECTION 5. Article VI, chapter 4, of the Hawaii County Charter (2000), relating to the Planning Department, is amended by adding new sections 6-4.3, 6-4.4, 6-4.5, and 6-4.6 to read as follows; "Section 6-4.3. iurisdicfion over the area consistine of the iudicial districts of Puna. South Hilo, North Hilo Hamakua. and Ka`u (bl There shall be seven members onthis commission The commission shall include one member from each of the iudicial districts of Puna, South Hilo. North Hilo/Hamakua combine and Ka`u and three "at lar P" members selected from these districts. Not more than two members appointed from anv one iudicial district shall serve on the windward planning commission. The members shall be supointed by the mayor and confirmed by the council to the manner prescribed in section 13-4 Each member re~rresenting a district shall be a legal resident and registered voter of that district. In addition. the director of public works and the manager of the power to vote. (b) There shall be seven members on this commission The commission shall include one member from each of the iudicial districts of North Kohala South Kohala. North Kona and South Kona and three "at-large" members selected from these districts. Not more than two members appointed from anv one iudicial district shall serve on the leeward Manning commtssion. The members shall be appointed by the mayor and confirmed by the district. In addition. the director of public~works, and the manager of the department of water supply or their desienated representatives shall serve as ex-officio members of the leeward,planningcpmmission without power to vote. Section 6-4.5. Duties and Functions of the Windward and Leeward Plannine Commissions. (al Both commissions shall: {ll Advise the mavor, council and the planning director on planning and land use matters pursuant tb law and this charter. {21 Review the eneral plan. its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon thmueh the mavor to the council for consideration and action {31 Review proposed subdivision and zonine ordinances and amendments thereto and transmit such ordinances with recommendations thereon through the mavor to the council for consideration and action (4) Conduct public hearings in every case prior to action on any matter upon which the commission is required by law or this charter to act Notice of the time and place of the hearing shall bepublished at least ten days prior to such hearing in at least two daily newspapers of general circulation in the county. (51 Perform such other related duties and functions as may be necessary or required pursuant to law and this charter. (c) Each plannine commission shall review and take action upon applications the general plan. If an application for a land use change or a community development plan includes land within the jurisdiction of both the ' windward planning commission and the leeward~lanning commission the application shall be considered by both commissions meetittg,jointly and action shall require the affirmative vote of a maiority of the combined membership of the two commissions. All amendments to the enera) plan or the adoption of a new general plan shall be considered by each planning commission, meeting separately, and each commission shall make its own recommendation to the council. Each planning commission meeting separately. shall make its own recommendations to the council on chances to the subdivision and zoning codes and any other planning or land use combined membership of the windwazd planning commission and the leeward plannine commission meeting iointly. The existin rules of practice and procedure of the Hawaii County Planning,Commission except for meeting_places, shall apply to both commissions unfil the new uniform rules of practice and procedure are adopted matters which appy eenerally and not to a~ecific area The planning director shall determine which commission shall take jurisdiction over anv matters when not fully established by the charter and decide matters pursuant to Section 6-4.3 Hawaii County Charter (20001 until April 1.2009, the date upon which the windward planning commission and will be transferred to the windwazd or leewazd nlannine commissions as appropriate to be finalized. (bl Members of the existine planning commission whose terms will not have expired on April 1.2009, shall hold over and continue to serve tbe remainder mayor shall appoint the remaining members of the windward planning SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 7. if any provision of this ordinance, or the application thereof to any person or circumstance is held invalid; such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the provision or the application, and to this end, the provision of this ordinance are declared severable. SECTION 8. 'Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawaii county for approval at the 2008 general election. SECTION 9. The charter amendment proposed in this ordinance shall take effect upon approval by a majority of voters voting thereon, as duty certified, and'the Windward Planning Commission and Leeward Planning Commission shall become effective on April 1, 2009. SECTION ] 0. Upon taking effect, the Charter amendment proposed in this ordinance will not be applied retroactively but shall only affect matters initiated on April 1, 2009. INTRODUCED $Y: ~t~ ~' K. ANGEL P1L Kona , Hawai Date of Introduction: Date of 1~` Reading: Date of 2°d Reading: Date of 3rd Reading: Effective Date: October 3, 2007 October 17, 2007 December 5, 2007 December 19, 2007 April 1, 2009 REFERENC>r: Cortu-i+ 662~,,,~ OFFICE OF THE COUNTY CLERK County of Hawaii Kona. Hawaii Introduced By: Date Introduced: First Reading: Published: REMARKS.• Third Reading: December 19, 2007 To Mayor: December 28, 2007 Returned: January 14, 2008 Eft'ective: April 1, 2009 Published: January 22, 2008 REMARILS: RECEIVE ~c4a.m0~~''~ oal.~ r I~ o ~ry Councl{~'"`. ROLL CALL VOTE AYES NOES ABS EX Ford Higa Hoffmann Ikeda Jacobson Naeole Pilago Yagong Yoshimoto ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffnann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 2 1 0 I DO HEREBYCERTIFYthat the foregoing BILL was adoj indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPOR,eCfION COUNSEL COUNTY O'F/HAWAI'I Date Y,/~`~ Approv~isapproved this ~ C7 ~ MAYOR, COUNTY OFHAWAI'1 BiIINo: 175 (Draft 4) Reference: C-662.28/Waived -Council Ord No.: QS ~. .OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii _ (Draii , ! V I J. Introduced By: K. Angel Pilago Datelntroduced: October 3, 2007 First Reading: October 17, 2007 Published: N/A REMARKS: October 3, 2007 - Postponed November 7, 2007 -Amended to Draft 4 and filed due to vote of 5 ayes / 4 noes November 20, 2007 - Pending motion for reconsideration December 5, 2007 - Motion for reconsideration passes ROLL ALL VOTE NOES ABS EX Ford r~ " Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 1 1 0 Second Reading: December 5, 2007 To Mayor: N/A Resumed: N/A Effective: N/A Published: N/A REMARKS. (Draft 4) ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 I 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO ( ~ FORM AND LEGALITY: ~ "'~~~ ((( _ COU /L CHAIRMA DEP~RP ATION COUNSEL ' COUNTY OF HAWAII Date ~/ ~ CO~LE;~~ - ""`~ Bi11No.: 175 (Draft 4) ~([N Approv isapproved this ~ O day of~~ti~ , 20 0 ~ d1,M~iYOR, COUNTY OFHAYVAI`I Reference: C-662.28/ Waived - Council Ord No.: Ordinances Numbered 08-1, OS-2, 08-3, OS-4, & OS-5 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on December 19, 2007, by vote, as listed below: Ordinance 08-1(Bi11175, Draft 4): Ordinance Yo Initiate a Charter Amendment to Article VI, Chapter 4 of the Hawaii County Charter (2000), Establishing Windward and Leeward Planning Commissions. AYES: Council Members Ford, Jacobson, Naeoie, Pilago, Yagong, and Chair Hoffmann - 6; NOES: Council Members Ikeda and Yoshimoto - 2; ABSENT: Council Member Higa -1; EXCUSED: None. Ordinance 08-2 (Bill 190): An Ordinance Amending Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Wind Energy Facilities Within the Open District. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, and Chair Hoffmann-7; NOES: None; ABSENT: Council Members Higa and Yoghimoto - 2; EXCUSED: None. Ordinance 08-3 (Bill 194, Draft 2): An Ordinance Amending Chapter 3, Article 1, Division 6, Section 3-22, Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Variances. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hofl'inann - 7; NOES: Council Member Yagong - I; ABSENT: Council Member Higa- I; EXCUSED: None. Ordinance 08-4 (BiD 200): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2008. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann- 8; NOES: None; ABSENT: Council Member Higa- 1;EXCUSED: None. Ordinance 08-5 (Bill 201): An Ordinance to Amend Ordinance No. 07-82, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Yeaz Ending June 30, 2008. AYES: Council Members Ford, Ikeda, Jacobson, Naeoie, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - $; NOES: None; ABSENT: Council Member Higa- 1; EXCUSED: None. County Clerk (Hawai`i Tribune-Herald -January 22, 2008) (West Hawaii Today -January 22, 2008) Note: The original Digest/Affidavit is attached to Ordinance No. 08-1.