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HomeMy WebLinkAboutCOM 0604.001 2008-2010 William P. Kenoi Mayor I j 1 ! I County of Hawa;'; 891 Ululani Street . Hila, Hawai'j 96720-3982 . (808) 961-8211 . Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 . Kailua-Kana, Hawai'i 96740 (808) 329-5226 . Fax (808) 326-5663 September 22, 2009 Honorable J Yoshimoto, Chairman and Members of the County Council County ofHawai'i 333 KIlauea Avenue Hilo, HI 96720 Dear Chairman Yoshimoto and Members: Change of Zone Application (REZ 09-000098) Applicant: Kona Country Club, Inc. Request: A-Sa to RM-30 Tax Map Key: 7-8-10:101 /County Council Initiated - Resolution No. 108 09a Amendments to Ordinance No. 0525, as Amended (County ofHawai'i General Plan) Relating to the Conversion from a Single Planning Commission to the Windward and Leeward Planning Commissions Planning Director Initiated Amendment to Chapter 25 (Zoning Code) of the Hawai'i County Code 1983 (2005 Edition), As Amended Relating to Agricultural Tourism William T. Takaba Managing Director Wally Lau Deputy Managing Director ~ j-.....:O' ?~~~~ C-CJ en r-q -0 f'\,) _C :0 :~3 CD .-- .I> c...) ,- - As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. S.i.nc~.. .. " ~. \ .., ~ ~ \sO:- ~ William P. Kenoi Mayor CoO,+. I :~~~:O.-;ffi 1009" Enclosures cc: Planning Depmiment : SEP2 2 2009 County of Hawai'i PLANNING COMMISSION Aupuni Center. 101 Pauahi Street, Suite 3 . Hila, Hawai'i 96720 Phone (808) 961-8288 . Fax (808) 961-8742 The Honorable J Yoshimoto, Chairman and Members of the County Council CQunty ofHawai'i 333 KIlauea Avenue, 2nd Floor Hilo, HI 96720 (f) I'Y1 [";; ._i:::: -'---.. , > -~ :-~ co Dear Chairman Yoshimoto and Council Members: .,. .. C..) 0"; County Council Initiated - Resolution No. 108 09a Amendments to Ordinance No. 05 25, as Amended (County ofHawai'i General Plan) Relating to the Conversion from a Single Planning Commission to the Windward and Leeward Planning Commissions The Windward Planning Commission at its duly held public hearing on August 7, 2009, considered the County Council's request for amendments to Ordinance No. 05 25, as amended (County ofHawai'i General Plan) relating to the conversion from a single Planning Commission to the Windward and Leeward Planning Commissions. The proposed amendments are basically "housekeeping changes" as the changes are merely to replace the words "Planning Commission" with "Leeward and Windward Planning Commissions. " The Windward Planning Commission voted to forward a favorable recommendation of this request to the County Council. We have enclosed the Planning Department's Background & Recommendation Report and a transcript of the hearing for your infonnation. Sincerel~A. ~~ ~ =-I ~~\. ?,/&, g- Rell Woodward, Chairman Windward Planning Commission lCClnitiatedReso I 08 09pc 1 Enclosures cc: Planning Department-Kona Lincoln Ashida, Esq. Hawai 'i County is an Equal Opportunity Provider and Employer .SfP 2 2 7009 County of Hawai'i PLANNING COMMISSION Aupuni Center. 101 Pauahi Street, Suite 3 . Hilo, Hawai'i 96720 Phone (808) 961-8288 . Fax (808) 961-8742 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai'i 333 KIlauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: County Council Initiated - Resolution No. 10809a Amendments to Ordinance No. 05 25, as Amended (County of Hawai'i General Plan) Relating to the Conversion from a Single Planning Commission to the Windward and Leeward Planning: Commissions The Leeward Planning Commission at its duly held public hearing on August 28,2009, considered the County Council's request for amendments to Ordinance No. 05 25, as amended (County of Hawai'i General Plan) relating to the conversion from a single Planning Commission to the Windward and Leeward Planning Commissions. The proposed amendments are basically "housekeeping changes" as the changes are merely to replace the words "Planning Commission" with "Leeward and Windward Planning Commissions. " The Leeward Planning Commission voted to forward a favorable recommendation of this, request to the County Council. We have enclosed the Planning Department's Background & Recommendation Report and a transcript of the hearing for your information. Sincerely, ~~ R~anabe, Chairman Leeward Planning Commission lCClnitiatedReso 1 08 09alwpc I Enclosures cc: Planning Department-Kona Lincoln Ashida, Esq. Hawai'i County is an Equal Opportunity Provider and Employer ~ WINDWARD PLANNING COMMISSION COUNTY OF HA W AI'I HEARING TRANSCRIPT AUGUST 7, 2009 A regularly advertised hearing on the COUNTY COUNCIL'S AMENDMENT TO SECTION 15.1 (COMMUNITY DEVELOPMENT PLANS) was called to order at 11:47 a.m. in the Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai'i with Chairman Rell Woodward presiding. PRESENT: Rell Woodward Takashi Domingo Wallace Ishibashi Andrew Iwashita Zendo Kern Shelly Ogata Brandon Gonzalez, Deputy Corporation Counsel B 1. Leithead Todd, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And no one from the public in attendance INITIATOR: COUNTY COUNCIL Amendment to Section 15.1 (Community Development Plans) ofthe Hawai'i County General Plan by changing all references to Planning Commission to the Leeward and/or Windward Planning Commissions. These housekeeping changes are the result of a County Charter amendment, which became effective in April of 2009. WOODWARD: Item No.4 is the County Council initiated interim amendment to Ordinance No. 525 of the Hawai'i County General Plan. IW ASHIT A: Mr. Chair? WOODWARD: Yes, sir. IW ASHIT A: I have a point of procedure. I noted in my review of this item that it was passed on, and infamously in the Hawai'i County Council history, June 16,2009. And if that's . the case, then I think the events that we've all read about in the paper as far as the actions taken 1 .. by the Council and that they, I need to be clarified as to whether or not this is affected by the other events on that day. HAYASHI: As far as this particular matter, that was heard yesterday by the County Council. I guess -. GONZALEZ: So, thank you, Norman. So the Council reverted back to previous leadership and redid everything they did on June 16th, yesterday. So my understanding is that it was redid yesterday, so it's valid before you folks again, unless there's a notice issue. WOODWARD: It will probably have to come up for a second hearing, second reading, won't it, at the Council? GONZALEZ: No. HAYASHI: No, since this is a-. WOODWARD: That was a second reading? LEITHEAD TODD: No. A resolution is one -. HAYASHI: Once, yes. LEITHEAD TODD: Reading in front of the Council. WOODWARD: Okay. IW ASHIT A: Mr. Chair? WOODWARD: Yes, sir. IW ASHIT A: My concern is that if on the 16th it was void and it was sent to us, you know, in effect what we got was nothing. And so in my mind it was redone yesterday, that's fine, they need to res end it to us after yesterday's action. That's my concern, just because -. WOODWARD: Well, I'll ask the Planning Director. But my approach would be if we go ahead and approve it and it turns out to be nothing, then we just readdress it. But that's just my approach. What would you suggest, Madam Director? LEITHEAD TODD: I think we proceed to vote on it, because in the first place the issue of whether it's void or not has not really been raised. IW ASHIT A: It's raised now. 2 I - .; LEITHEAD TODD: But let me express that, that we haven't had, it doesn't change the language of the resolution, it doesn't change the language of the interim amendment here that's being initiated. This was fully noticed so that anyone who had any concerns over this could come in. And it's only really to implement what was passed by the Charter. And so I feel very . comfortable moving forward on this because we move forward on it, and it then goes back to the County Council for them to vote on. WOODWARD: All right. Commissioner Iwashita, do you have something further? IW ASHIT A: Yeah, I, thank you. Probably too much law school but in my mind it'd be better if we continue this till the next meeting. And basically my analysis is that once it's void, it's void. What they did yesterday was to redo it all over again. And so, you know, the Council messed up. Everything they did that dayJudge Ibarra ruled was, basically, no good. LEITHEAD TODD: He didn't rule that. IW ASHIT A: Well, the Judge found that there was very likely-. LEITHEAD TODD: It was a Sunshine Law Violation. IW ASHITA: The Judge found that it was very likely that irreparable harm would have occurred because of the evidence placed before the Judge at that time; and basically you're looking at the result of it. And the Council before the Judge can make a final order basically started to redo things, acknowledging the inadequacy on what it had done on the 16th. So ifin fact what the Council did on the 16th was void, then it was void all the way up until now. What they did yesterday is what they did yesterday. So, you know, nothing that was done on the 16th is legal, you know, as a violation ofthe Sunshine Law. And, or arguably, I guess cause there has never been a court ruling on that, on the ultimate issue -. But to me it's not, once it's void it's void. So my preference is to continue this to the next hearing and whenever it's appropriate I would make such a motion. LEITHEAD TODD: Mr. Chair? Mr. Chair? WOODWARD: Madam Director. LEITHEAD TODD: I personally don't care whether you vote on it today or defer it. But I do want, because we have a record from this, to be very clear that the Sunshine Law violation of the Council went to the reorganization vote. If, in fact, there is a willful violation, it does not necessarily go to all other matters that were agendized, because you had the same nine Council Members who were duly elected by the public representing their districts who voted on those matters. And on none of the other matters that were on the agenda were there any allegations that there were Sunshine Law violations, on those other items. The reason that has been put forward by the Office of Corporation Counsel for the redo and voting over everything is just, it's kind of a cover their okole's action to insure that ifthere's any issue, that everything has been validly 3 '" ... approved. But as to whether anything was void because of the vote has not really been ruled. And it would be an extension of the Sunshine Law that I find very bizarre, frankly. But ifthere's any concern over the Commission, then just defer it till next month. We can get the new transmission from the Council and that would take care of it. But I just want the record to be clear that there was no ruling that any of these matters were void and there was no ruling that, or even an indication that there were Sunshine Law violations ~n all the matters that they voted on, other than the reorganization resolution. WOODWARD: Thank you. Mr. Gonzalez. GONZALEZ: Thank you, Mr. Chair. Thank you, Madam Director. I was going to just summarize. I think the concern here is there was a previous action, June 16th, there was a question on whether that action would be valid. After that action, the transmittal was sent to you folks to make a decision; and that's what's before you now. And the concern is just because it was redone yesterday they should be submitting a new transmittal to us to consider it, if you want to follow procedurally to the "T." So that's one route. So we would continue it until we receive the transmittal from their actions yesterday. The other one is to say, is to just take action today because any change or defect that may have existed on the 16th was addressed yesterday; and it doesn't make sense for them to have to send another transmittal because they already told us they already sent the transmittal. So that's basically it. You know what I'm saying? WOODWARD: Yes. GONZALEZ: So, you know, you can vote on it today if you want to, or you can follow the procedural, follow procedure and ask, and have them retransmit it for your decision-making at the next meeting. WOODWARD: All right. Let me just make a comment. My approach would be since this is basically not serious nuts and bolts, this is just housekeeping issues primarily, the worst thing that can happen is if we pass this today is that we see it again in a month or two. But I don't see any downside to go ahead and voting on this. And if it passes then we may not see it again. It may save us a little time in the future. LEITHEAD TODD: Mr. Chairman, and I was just going to say, and I think that we can take notice of the actions of the County Council yesterday in revoting and approving this exact same resolution that was in the public record. I think, you know, everyone seems to be aware that they voted on it. Staff has confirmed that they voted on it. And so just like Courts can take notice of what has occurred in judicial notice in other venues, I think the Commission can take notice of the actions of the County Council yesterday. And, therefore, any questions about whether this resolution has been approved by the correct County Council, I think have been taken care of by the vote yesterday. 4 I - I WOODWARD: IW ASHIT A: OGATA: WOODWARD: IW ASHIT A: WOODWARD: IW ASHITA: WOODWARD: Commissioner Ogata. Mr. Chair? Oh, sorry. I was going to make a motion. Oh. I have one comment. Okay. All right. Yes, sir. IW ASHIT A: And that is I agree. You know, my main concern is procedual. It is housekeeping but we really don't want to have to redo it over. So I'll be more than happy to vote in favor of the motion, you know, recommending this for approval with the condition that we make as part of the record, you know, of this proceeding the actions of, the written record, the actions of the Council yesterday that we approved this. And because I haven't seen it, I mean, we can talk about it, but I haven't actually seen it. But as long as it's made part of the record in this so that it's clear that, you know, essentially this has been duplicated, I have no problem proceeding. We just need to make that part of the record. WOODWARD: Very good. Commissioner Ogata. OGATA: Okay. I move that we send a favorable recommendation to the County Council on Resolution No. 10809. DOMINGO: WOODWARD: OGATA: WOODWARD: OGATA: Second. With the mention of the recent Council activity - ? With the mention of whatever Commissioner Iwashita-. Yesterday? Yeah. IW ASHITA: Not mention, but that, subject to being made a part ofthe written record in this proceeding the actions of the Council yesterday that repassed this resolution. WOODWARD: Okay, are you going to second it with that? 5 j . ;;. IWASHITA: Yes. WOODWARD: Okay. Is that acceptable to you, Commissioner Ogata? o GAT A: Yes. WOODWARD: Okay. Any discussion? Okay, Maija, you got all that? COTTLE: I think I did. WOODWARD: Okay. COTTLE: So the motion is to approve as recommended by the Planning Director with, subject to making as part ofthe written record the actions of the County Council on August 6th, yesterday. WOODWARD: Right, favorable recommendation, so we're -. COTTLE: Yes. LEITHEAD TODD: It was August 5th? COUNCIL REP.: Wednesday, August 5th, Wednesday. COTTLE: August 5th -. LEITHEAD TODD: Wednesday, August 5th. WOODWARD: Okay. All right. Just for the record, nobody has signed up from the public to testify. Okay, Maija. COTTLE: Commissioner Ogata? OGATA: Aye. COTTLE: Commissioner Iwashita? IW ASHIT A: Yes. COTTLE: Commissioner Domingo? DOMINGO: . Aye. COTTLE: Commissioner Ishibashi? 6 J . . ISHIBASHI: Aye. COTTLE: Commissioner Kern. KERN: Aye. COTTLE: And Mr. Chairman? WOODWARD: Aye. COTTLE: Okay, the motion passes six to zero. WOODWARD: All right, very good. HAYASHI: Mr. Chair, just for your information, I did check the agenda of the Council's, Wednesday's Council meeting and it did place the matter that you had discussed earlier on the agenda. So it was voted upon and passed. And that is the item regarding the resolution, Item No.4 on the agenda. HAYASHI: And just for your information, this matter will also be discussed by the Leeward Planning Commission. WOODWARD: All right. The discussion ended at 12 noon. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 7 . I 'Ii LEEWARD PLANNING COMMISSION COUNTY OF HAWAI'I HEARING TRANSCRIPT AUGUST 28, 2009 A regularly advertised hearing on COUNTY COUNCIL'S RESOLUTION NO. 10809 ON AMENDMENTS TO ORDINANCE NO. 05 25 was called to order at 11 :25 a.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I, 75-5660 Palani Road, Kailua-Kona, Hawai'i with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe Brandi Beaudet Lani Bowman Frederic Housel Wayne Iokepa ABSENT & EXCUSED: Geraldine Giffin Brandon Gonzalez, Deputy Corporation Counsel BJ Leithead Todd, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And approximately 13 people from the public in attendance INITIATOR: COUNTY COUNCIL (RESOLUTION NO. 108 09) Amendments to Ordinance No. 05 25, as amended (County ofHawai'i General Plan) relating to the conversion from a single Planning Commission to the Windward and Leeward Planning Commissions. The proposed amendments are basically "housekeeping changes" as the changes are merely to replace the words "Planning Commission" with "Leeward and Windward Planning Commissions." WATANABE: We are now on Agenda Item No.3. The initiator is the County Council. This is Resolution No. 10809. And with that, I'll turn it over to Maija. COTTLE: Thank you, Mr. Chairman. Good morning. COMMISSIONERS: Good morning. COTTLE: The next item is a County Council initiated resolution, and it's basically a housekeeping item to change any reference in the General Plan from the one Planning Commission to now the Leeward and Windward Planning Commissions. Are there any questions? 1 " WATANABE: That was easy, yeah? COTTLE: Short and sweet. WATANABE: Any questions for staff? Okay. Thank you, Maija. For the record we have no one signed up for this item, to testify for this item. So I'm going to open that up to either discussion or I would accept a motion. Anyone care to make a motion? This would be a recommendation, I believe, yeah? COTTLE: That's correct. BOWMAN: I will. WATANABE: Yes, Ms. Bowman. BOWMAN: In can do it correctly. I move that we send a favorable recommendation to the County Council for Resolution 108 09. WATANABE: Thank you. Do I have a second? HOUSEL: I'll second that. WATANABE: Okay, thank you, Mr. Housel. Any discussion on the matter? Maija? COTTLE: Thank you. Commissioner Bowman? BOWMAN: Aye. COTTLE: Commissioner Housel? HOUSEL: Aye. COTTLE: Commissioner Beaudet? BEAUDET: Aye. COTTLE: Commissioner Iokepa? IOKEP A: Aye. COTTLE: And Mr. Chairman? WATANABE: Aye. COTTLE: Okay, the motion passes, five-zero. WATANABE: Okay, thank you. 2 I' l The discussion ended at 11 :28 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 3 ".7..'.'1' " .' t";'''l ,~', ,";' \, c.df,: " h- - ", .,:.. ;.- )':'-'/..(\ .-~~ .' ,~_-.t -,_, ;.,';:" :' \;.. i ~ . .', . ~--':'-"./L , '" '. " ~ , ~ l.:': accordatlce'\Wit' ~aroYed'iairiendnieritsto%lie2e()tl1jr'€haftel\ ......,., . . '. .'. .""'~~';',;i:,":;,:;5(,.. ,;,;,~~"'{ :/"'....':\,..... '.' J'."" S,,' ", X, .,'.r .' '. ',' ,".... ". . ,i"".." '., ., .,; .' ,.Jt?$,!1Qulq ::alsQ;beI1~te~"that. th,e'a.l1le~qri1erit~,~yhClsic.ally;"~04Sy].(:e~pltlg 'c!i~rjg~f~'as,the' ;~~~f~~~f~~~;r~iyord,!i!I~~(RR~~~9hn,~j~f~~~4~~ . REeOMMEN'f)1\.mIt)N~.:;., ,'c~~~!~!JI(~~~~~mt~:~~\tT:~t~::;;~~~~~~~;~;'}&~;09 -1- ,") COUNTY OF I-IAWAI'I .~ - I 1 ( STATE OF HAWAI'I RESOLUTION NO. 108 09 A RESOLUTION INITIATING AN INTERIM AMENDMENT TO ORDINANCE NO. 05- 25, AS AMENDED, THE COUNTy OF HAW AI'I GENERAL PLAN, RELATING TO THE CONVERSION FROM A SINGLE PLANNING COMMISSION TO WlNDW ARD AND LEEWARD PLANNING COMMISSIONS. WHEREAS, section 3 - IS of the Hilwai' i County Charter (hereinafter "char!er') require,<; the county council to adopt by ordinance a general plan which sets forth the council's policy for long-range comprehensive physical development of the county; and WHEREAS, section 3 -15 of the charter Was amended by the electorate in the 1979 special election by the addition of a subsection (c), which allowed for the county council to initiate amendments to the County ofHawai'i General Plan (hereinafter "general plan"); and WHEREAS, section 16-2 of the general plan provides for interim amendments to the general plan; and WHEREAS, section 16-2 of the general plan~ as most recently amended by Ordinance No. 07-70, states, in pertinent part: "16.2 INTERIM AMENDMENTS (1) The County Council may initiate interim amendments to the Generul Plan at any time, except during the comprehensive review pursuant to the following procedures: (a) The County Council may, by resolution, request the Planning Director and Planning Commission to review and make a recommendation on a proposed amendment. (b) The Planning Director shall have 60 days or a longer period, as may be agreed to by the County Council, to submit a recommendation on the proposal to the Planning Commission for its review and recommendation. The Planning Director's recommendation may include suggested changes consistent with the general intent of the proposed amendment, and the Planning Director shall, if requested by County Council, prepare a draft ordinance to implement the proposed amendment. (c) The Planning Director shall notify a property owner of a proposed amendment that would redesignate its property to Open or Conservation, unless the property is already designated Conservation by the State Land Use Commission. Notice shall be given not less than 21 days before the first Planning Commission hearing on the proposed amendment. (d) The Planning Commission shall consider the proposed amendment at no less than two meetings, and shall make its recommendation on the proposed Planning Dept. Exhibit / "1 -J ~,') amendment to the County Council within 60 days from its receipt of the Planning Director's recommendation. (e) If the Planning Commission fails to act within the required period, it shall be deemed a negative recommendation. (f) The County Council may make modifications, deletions, or additions to the proposed amendments as it may deem necessary, within the general intent and subject matter of the proposed amendments, in accordance with its rules of procedure. However, any County Council change to a proposed amendment which substantially changes the general intent or subject matter of the proposed amendment, such as newly adding or deleting a goal, policy, or course of action, or standard, or a map amendment which changes a land use designation of a parcel, shall be considered an entirely new proposed amendment and submitted to the Planning Director and Planning Commission for their review and recommendation." WHEREAS, during the 2008 general election the charter was amended by the contents of Ordinance No. 08-01; and WHEREAS, Ordinance No. 08-01 provided for the conversion from a single planning commission to Windward and Leeward Planning Commissions; and WHEREAS, this conversion to two planning commissions, as approved by the electorate, requires that certain sections of the general plan be amended to be in accordance with the charter; and WHEREAS, the attached bill, labeled as "Exhibit A", proposes amendments to section 15.1, section 16.1, section 16.2, and section 16.3 of general plan to bring the general plan into accordance with the recently approved amendments to the charter; and WHEREAS, the only other instances of the use of "Planning Commission" in the singular context occur in the 15th paragraph of section 8.1 and in the fifth paragraph of section 15.1 of the general plan; and WHEREAS, these instances do not require amendment as they pertain to specific events that have occurred and are not to occur again, thus their amendment would deteriorate the historical context of the general plan; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAW AI'I that pursuant to the provisions of section 16-2 of the general plan and the charter, as amended, it submits to the Planning Director, Windward Planning Commission, and Leeward Planning Commission the attached bill marked as "Exhibit A", which initiates an interim amendment to the general plan to account for the conversion from a single planning commission to Windward and Leeward Planning Commissions. BE IT FURTHER RESOLVED that, pursuant to section 16-2 of the general plan and the amended provisions of the charter relating to the duties and functions of the Windward and Leeward Planning Commissions, recommendations from the Planning Director, Windward 2 /-~ . t <) Planning Commission, and the Leeward Planning Commission on the proposed amendments, as indicated in "Exhibit A," shall be provided to the county council on or before the 120th day from the date of adoption of this resolution. BE IT FINALLY RESOLVED that the County Clerk is requested to transmit copies of this resolution to the Director of the Planning Department, the Windward Planning Commission, the Leeward Planning Commission, and the Honorable Mayor William Kenoi. Dated at Kana , Hawai'i, this 16th day of Jun~, 2009. INTRODUCED BY: A~~ ..,u~6 COUNCIL MEMBER, COUNTY OF HAW AI'I COUNTY COUNCIL County of Hawai'i Hilo, Hawai'i ~c3? COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER AYES NOES ABS EX ENRIQUES X FORD X GREENWELL X HOFFMANN v IKEDA y NAEOLE X ONISHI X YAGONG X YOSHIMOTO X 9 0 0 0 ROLL CALL VOTE I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the CountyofHawai'ion June 16,2009 . ATTEST: Reference: C-365jPC- 35 RESOLUTION NO. 1.08 09 3 ) !} COUNTY OF HAWAI'I STATE OF HAWAI'I BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE HAW AI'I COUNTY GENERAL PLAN, AS ADOPTED BY ORDINANCE NO. 05-25, 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 HAW AI'I: SECTION 1. Ordinance No. 05-25, as amended, is amended by amending section 15.1, relating to Community Development Plans, to read as follows: "15.1 COMMUNITY DEVELOPMENT PLANS The Community Development Plans are intended to be the forum for community input into managing growth and coordinating the delivery of government services to the community. The Community Development Plans will translate the broad General Plan statements to specific actions as they apply to specific geographical areas. A Community Development Plan should direct physical development and public improvements within a specific area. The Community development Plan may contain detailed land use and zoning guide maps, plans for roadways, drainage, parks, and other infrastructure and public facilities, architectural design guidelines, planning for watersheds and other natural features, and any other matters relating to the planning area. The Planning Director or Council may initiate a Community Development Plan. Each Community Development Plan shall have a steering committee composed of members appointed by the mayor and confirmed by the council. The members shall be broadly representative of the affected communities. The steering committee shall work in conjunction with the Planning Department and with any professional consultants hired to assist in the preparation of the plan. The exact boundaries of the planning area may be determined during the preparation of the plan. It is not mandatory that there be a Community Development Plan for each region. Although the previous General Plan called for Community Development Plans, in the thirty years since the enactment of the first General Plan, only one Community Development Plan has been enacted by ordinance, one by County Council Resolution, and two by Planning Commission Resolution. Time, cost, the Exhibit A ') 'J degree of effort, and, in some cases, the inability to achieve a sufficient consensus, has been the limiting factors. The need for a Community Development Plan for a particular area should be assessed considering a number of factors, including how much is public infrastructure challenged by recent or anticipated growth and whether there are significant efforts to change the zoning and land use in the area. After the steering committee has recommended approval of the Community Development Plan, it shall be forwarded to [the Plur.ning Commission] either the Windward or Leeward Planning Commission, or both meeting as a loint commission as provided for in the Hawai'i County Charter, for [its] review and recommendation to the County Council. The County Council may modify or amend the Community Development Plan before enacting it by ordinance, but it shall give the steering committee and the designated Planning Commission, or loint commission, as the case may be, an opportunity to review and comment upon substantive amendments and modifications before final adoption of the plan. In the process of creating the Community Development Plan, it may be determined that the General Plan should be amended. The Planning Director or County Council may initiate amendments to the General Plan, and the steering committee may recommend amendments, that would be enacted at the same time as the Community Development Plan, or as a follow-up to the Community Development Plan. If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling. The Community Development Plans shall focus on action. The courses of action specified in each element of the General Plan need greater detail and need to be coordinated by district. The Community Development Plans shall identify appropriate governmental actions that include: · Regulatory actions. Regulations rely on government's police power to control what people can and cannot do in the interest of the public's health, safety, or welfare. The County administers and enforces various regulations to control land use. These regulations include the zoning code, subdivision code, flood control code, grading code, sign code, and building code. The County also administers requirements imposed by the Federal and State governments, such as the Coastal Zone Management Act and the State Land Use Law. The Community Development Plans shall recommend amendments as appropriate to the codes, maps, or administration and enforcement. · Incentive measures. Where regulatory controls are the government's "sticks", incentives are the "carrots" to encourage certain actions. Too often, regulation is the solution. Regulation can be restrictive, reactive, and divisive. Incentive measures, on the other hand, can invite creative "win-win" solutions. Exhibit A 2 'l 1 "~I Examples of incentive measures include property tax exemptions such as for agricultural or native forest dedications, expedited permit processing, density bonuses, and discounted facility fees. Community Development Plans shall consider appropriate incentive measures to achieve various objectives, as applicable. . Acquisition actions. Where significant resources are located on private property, it may be more appropriate for government to purchase the development rights or fee simple title rather than to severely regulate the owner's use of the property. Obviously, purchasing in reaction to development proposals is expensive. The Community Development Plans shall identify acquisition priorities, as appropriate, and seek means to leverage financing by working creatively with the landowner, other levels of government, land trusts, and/or nonprofit groups. · Capital budgeting actions. The County annually prepares a capital improvements budget where public facility projects (new construction or major repairs) are identified. The budget is accompanied by a six-year capital improvements program (CIP). The CIP process is explained in more detail below. The Community Development Plans shall identify and prioritize public facility projects important to the community. The CIP shall take into consideration the recommendations in the Community Development Plans, recognizing that the CIP must reconcile competing interests for a limited amount of funds. . Programs. Certain community needs do not necessarily require land or a new facility, but rather a focused commitment of time and money towards achieving specific objectives. These operational projects are referred to as programs. Examples include an after-school youth program, neighborhood watch program, or mediation training program. Too often, resources are diverted to studies that could be more effectively used for pilot programs that actually try to achieve results and provide lessons through action. Community Development Plans shall identify desired programs and the community's role in planning and implementing the programs. · Development/Redevelopment. In very special situations, it may be appropriate for government to take the lead and act as developer either singly or as a public/private partnership. These situations arise when the private market fails to address certain needs, such as very low income housing, or when the situation is quite large-scale, complex, and especially requires government's power of eminent domain to assemble land for redevelopment. Community Development Plans shall identify desired projects for public development or redevelopment, and shall coordinate input from appropriate agencies such as the Office of Housing and Community Development or the U.S. Department of Housing and Urban Development." Exhibit A 3 ~1 .ry .. SECTION 2. Ordinance No. 05-25, as amended, is amended by amending section 16.1, relating to Comprehensive Review of Amendments to the County of Hawai 'i General Plan, to read as follows: "16.1 COMPREHENSIVE REVIEW (1) The Planning Director shall 'initiate a comprehensive review of the General Plan and prepare a set of recommended amendments for [re'/iew] independent review by the [Planning Commission] Windward and Leeward Planning Commissions and then adoption by the County Council. The recommended amendments shall be submitted to the County Council not more than ten years after the date of adoption of the previous amendments resulting from a comprehensive review. (2) . The Planning Director shall give notice of the comprehensive review to the County Council, [Planning Commission,] Windward and Leeward Planning Commissions, and the general public. The notice shall state: (a) The general scope of review; (b) The opportunity for the County Council, [Plar.ning Commission] Windward and Leeward Planning Commissions, and the general public to provide their comments and suggestions to the Planning Director; and (c) The initiation date, general sequence of events, and time for completion of the review period. (3) The Planning Director shall establish a deadline for Council-initiated amendments during the comprehensive review which shall be not less than 120 days after the initial notice under section 16.1 (2). The County Council may initiate such amendments by resolution. (4) The Planning Director shall conduct public workshops on amendments proposed by the Planning Director and by the County Council. (5) The public shall be afforded 21 days from the date of the last public workshop to provide comments to the Planning Director. (6) The Planning Director shall then submit the amendments proposed by the Planning Director and by the County Council to the [Planning Commission for its review and recommendation] Windward and Leeward Planning Commissions for their independent review and separate recommendations within 30 days after the public deadline to submit comments' to the Planning Director. The Planning Director shall make a recommendation on any Council-initiated amendments" (7) The Planning Director shall notify a property owner of a proposed amendment that would redesignate its property to Open or Conservation, unless the property is already designated Conservation by the State Land Use Commission. Notice shall be given not less than 21 days before the first Windward or Leeward Planning Commission hearing on the proposed amendment. (8) The [Planning Commission] Windward and Leeward Planning Commissions shall conduct and complete [its revie\v] their independent review on the proposed amendments to the General Plan, and shall both submit [its] their separate recommendations, within 150 days from the date of receipt of the proposed amendments from the Planning Director. (9) The [Planning Commission] Windward and Leeward Planning Commissions shall each recommend approval of the proposed amendments, in whole or in part, recommend Exhibit A 4 '1 -} , changes, or recommend the rejection of the proposal for changes to the General Plan. If [the Planning Commission] either fails t6 .act on a proposed amendment within the required period, it shall be deemed a negative recommendation from that planning commission only. If both fail to act on a proposed amendment within the required period, such failure to act shall be deemed a negative recommendation from both planning commissions. (10) The County Council shall review the amendments submitted and the [recommendation] separate recommendations of the [Plar.ning Commission] Windward and Leeward, Planning Commissions and adopt an amended General Plan. The County Council may make modifications, deletions, or additions to the proposed amendments as it may deem necessary, within the general intent and subject matter of the proposed amendments, in accordance with its rules of procedure. However, any County Council change to a proposed amendment which substantially changes the general intent or subject matter of the proposed amendment, such as newly adding or deleting a goal, policy, or course of action, or standard, or a map amendment which changes a land use designation of a parcel, shall be considered an entirely new proposed amendment. Such a new amendment proposed at this stage shall not be processed as part of the ongoing comprehensive review, but shall be processed as a new interim amendment pursuant to Section 16.2:" SECTION 3. Ordinance No. 05-25, as amended, is amended by amending section 16.2, relating to Interim Amendments to the County of Hawai'i General Plan, to read as follows: "16.2 INTERIM AMENDMENTS (1) The County Council may initiate interim amendments to the General Plan at any time, except during the comprehensive review pursuant to the following procedures: (a) The County Council may, by resolution, request the Planning Director and [Planning Commission] Windward and Leeward Planning Commissions to independently review and make [a recommendation] separate recommendations on a proposed amendment. (b) The Planning Director shall have 60 days or a longer period, as may be agreed to by the County Council, to submit a recommendation on the proposal to the [Planning Commission for its review and recommendation.] Windward and Leeward Planning Commissions for their independent review and separate recommendations. The Planning Director's recommendation may include suggested changes consistent with the general intent of the proposed amendment, and the Planning Director shall, if requested by County Council, prepare a draft ordinance to implement the proposed amendment. (c) The Planning Director shall notify a property owner of a proposed amendment that would redesignate its property to Open or Conservation, unless the property is already designated Conservation by the State Land Use Commission. Notice shall be given not less than 21 days before the first Windward or Leeward Planning Commission hearing on the proposed amendment. (d) [The Planning Commission] Each planning commission shall consider the proposed amendment at no less than two meetings, and shall make [its recommendation] their Exhibit A 5 il I /) separate recommendations on the proposed amendment to the County Council within 60 days from [its] their receipt of the Planning Director's recommendation. (e) If [tho Planning Commission] either planning commission fails to act within the required period, it shall be deemed a negative recommendation[:] from that planning commission only. If both planning commissions fail to act on a proposed amendment within the required period, such failure to act shall be deemed a negative recommendation from both planning commissions. (f) The County Council may make modifications, deletions, or additions to the proposed amendments as it may deem necessary, within the general intent and subject matter of the proposed amendments, in accordance with its rules of procedure. However, any County Council change to a proposed amendment which substantially changes the general intent or subject matter of the proposed amendment, such as newly adding or deleting a goal, policy, or course of action, or standard, or a map amendment which changes a land use designation of a parcel, shall be considered an entirely new proposed amendment and submitted to the Planning Director and [Plar..ning Commission] the Windward and Leeward Planning Commissions for their review and [recommendation.] recommendations. (2) Planning Director (a) The Planning Director may initiate an interim amendment to the General Plan at any time other than during the comprehensive review. (b) The Planning Director shall conduct a workshop on the proposed amendment prior to submitting it to the [Plar.ning Commission.] Windward and Leeward Planning Commissions. ( c) The Planning Director shall submit the proposed amendment to the [Planning Commission for its re~(ievt' and recommendation.] Windward and Leeward Planning Commissions for their independent review and separate recommendations. (d) The Planning Director shall notify a property owner of a proposed amendment that would redesignate its property to Open or Conservation, unless the property is already designated Conservation by the State Land Use Commission. Notice shall be given not less than 21 days before the first Windward or Leeward Planning Commission hearing on the proposed amendment. (e) [The Plar.ning Commission] Each planning commission shall conduct and complete its independent review on the proposed amendments to the General Plan, and shall submit its separate recommendations, within 120 days from the date of receipt of the proposed amendments. If [the Planning Commission] either planning commission fails to act within the required period, it shall be deemed a negative recommendatiop.[:] from that planning commission only. If both planning commissions fail to act on a proposed amendment within the required period, such failure to act shall be deemed a negative recommendation from both planning commISSIOns. Exhibit A 6 '~) , ') (f) The County Council may make modifications, deletions, or additions to the proposed amendments as it may deem necessary, within the general intent and subject matter of the proposed amendments, in accordance with its rules of procedure. However, any County Council change to a proposed amendment which substantially changes the general intent or subject matter of the proposed amendment, such as newly adding or deleting a goal, policy, or course of action, or standard, or a map amendment which changes a land use designation of a parcel, shall be considered an entirely new proposed amendment and processed as a new interim amendmentpursuant to section 16.2(1). (3) General Public (a) Consistent with the County Charter, a member of the public may submit an application requesting the Planning Director to initiate an amendment to the General Plan at any time except during the comprehensive review. (b) The application shall include: (i) A filing fee of $500.00 to cover the administrative cost of processing the application; (ii) A statement of the nature of the proposed amendment; (iii)A draft of the language of the proposed amendment; (iv)A statement of the reasons for granting the proposed change, supported by a written, documented assessment of the relationships of the proposed change with pertinent elements of the General Plan; and (v) Maps; graphs, plot plan, and other supportive information. (c) Upon receipt of a properly filed and completed application, the Planning Director shall have 120 days to take one of the following actions: (i) Reject the application for an amendment; or (ii) Initiate an amendment to the General Plan. (d) Should the Planning Director initiate' an amendment, the amendment shall be processed according to section 16.2(2). (e) In the event that the Planning Director rejects an application for an amendment, the applicant may request the County Council to initiate an amendment on its behalf at any time, except during the comprehensive review. If the County Council decides to initiate the proposed amendment by resolution, the amendment procedure shall follow section 16.2(1). (f) In the event that an application is denied by the County Council, the same or a substantially similar application may not be submitted for consideration within one year following such denial, unless the applicant subrriits significant new data or additional reasons that the Planning Director may find to be a sufficient basis for the application to be considered." Exhibit A 7 .' J ""' - ~ / SECTION 4. Ordinance No. 05-25, as amended, is amended by amending section 16.3, relating to Rules and Regulations for Amendment Procedures of the County of Hawai' i General Plan, to read as follows: "16.3 RULES AND REGULATIONS. The Planning Director and the [Planning Commission] Windward and Leeward Planning Commissions are authorized to promulgate rules and regulations to implement the amendment procedures. Any such rule or regulation shall be established by the Windward and Leeward Planning Commissions acting jointly." SECTION 5. 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 without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. Material to be repealed is bracketed. New material is underscored. In re- printing this ordinance or the General Plan, the brackets, bracketed material and underscoring need not be included. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAW AI'I , Hawai'i Date of Introduction: Date of 15t Reading: Date of 2nd Reading: Effective Date: Exhibit A 8 KENNETH G. GOODENOW County Clerk Mailing Address' (Former County Building) 25 Aupuni Street Hila, Hawai'i 96720 June 24, 2009 ) I ') County of Hawai 'i Office of the County Clerk ;}~YHrn!,r;~fODNEY OSHIRO I."", '","~"!":,'@eputy County Clerk ni lt~ f 2LJ Aft Telephone: (808) 961-8255 Facsimile: (808) 961-8912 Windward Planning Commission 101 Pauahi Street, Suite No.3 Hilo, Hawai'i 96720 To Whom This May Concern: o. Ll2 lSus?ness Address: 333 KlIauea Avenue, Second Floor Ben Franklin Building Hila, Hawai'i 96720 As directed in Resolution 108-09, which was adopted by the Council of the County of Hawai'i on June 16,2009, I ani. forwarding your copy. ~ tml y , Ken eth G. Goodenow County Clerk County of Hawai' i KGG/dt Enclosure Serving the Interests of the People of Our Island U,",~",,-.;(; r.-...,,~.J-..,"~ ~.~ C7~..~J n_~~....".__:<I-. D.._..:...1__. _uJ r.'n r --. "" -) I ~CAJ\~NFD 1 ~., , 1I)f~ 'J'i, ,7'I,ln ("/ ' I, '-. JI" A.. Lj'-I.., i1 J~:5A.O {} ')' I ;!,,,,,,~,",,,>,,<,,>,,,,,"::,,'.:~:::'::::::.,J -" . "1') KENNETH G. GOODENOW County Clerk t-~') " ! f1r:.DiHrn,:H~!ltODNEY OSHIRO d '-' .... .. ..!' 'Deputy County Clerk , ~ # e V Mailing Address: (Former County Building) 25 Aupuni Street Hila, Hawai'i 96720 !\f'i 9: q I Business Address: 333 Kilauea Avenue, Second Floor Ben Franklin Building Hilo, Hawai'i 96720 County of Hawai 'i Office of the County Clerk Telephone. (808) 961-8255 Facsimile: (808) 961-8912 June 24, 2009 Leeward Planning Commission 101 Pauahi Street, Suite No.3 Hilo, Hawai'i 96720 To Whom This May Concern: As directed in Resolution 108-09, which was adopted by the Council of the County of Hawai'i on June 16,2009, I am forwarding your copy. tml y , ~ .l K neth G. Goodenow County Clerk County ofHawai'i KGG/dt Enclosure Serving the 1nterests of the People of Our 1sland I SC/~NNED-l I .~r5z4l0]O 2 ~ i' ; I By: